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Form of Citation Scotland

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  • Form of Citation Scotland

    Hi there all----sorry please post this in the appropriate forum sorry

    on the 7th of November i came home to find a "Form of Citation where time directions or time orders may be applied for"
    was lying on my door step not even in an envelope
    After reading it its a writ and warrant brought by Shoosmith LLP for Arrow Global a debt recovery agency for a sum of £7777
    now the forms give me 3 choices
    1 Admit the claim and wish to apply for a time to pay direction or time order
    2 Admit the claim and pay the full amount avoiding court
    3 Wish to defend this Action
    I wish to defend this Action but cant afford a solicitor
    It would appear that the debt came from a MBNA credit card

    Here's where the story gets interesting
    got into financial difficulty's late 2006
    so by april 2007 i had got help from debt management company called Spectrum Finance thinking i was doing the Right thing
    turns out the 5 year contract i signed up to with promises of 50 to 70 % reduction in debt at the end of the 5 year contract
    was to say the least a lie as they were only intrested in making money out of me
    they even manage to get on Watchdog on the BBC ( i can pick them lol)
    so on july 2012 approx 5 years from the contract start date i received a letter from SPECTRUM saying we no long operate your account and please use this new company called Money Village and sign up for another 5 years
    no discount on my debt nothing just hey thanks for the money sucker
    as far as i can tell Money Village is Spectrum just renamed
    at this point i stopped all communication with everybody july 2012

    Now roll time forward to approx December 2014 i get a letter from Money village saying sorry but our records show you never signed the "Letter of Authority" so here's 2 months payments back
    once again cheers for the money sucker "They help themselves to approx 30 payments at £45 pcm "

    I have been to court once before with Shoosmith LLP over a lesser debt of £4k
    did some homework and asks for the original paperwork for the credit agreement which they never produced over a 6 month period before the court date
    the judge dismissed the case

    So to sum up in the next few days i will go to the court and lodge my Wish to Defend costing £120
    as i can't afford a solicitor i need help with what i should now ask for from the Pursuer
    they stated in the papers that the last payment was on the 12th december 2014
    but as no permission was given to a third party to pay anything to the claimants the last official payment from me was July 2012 which brings the debt under statute barred rules (unless handling stolen funds from my bank account is legal these days lol)
    i still have the original "Letter of Authority" unsigned
    I'd prefer to leave the statute barred argument as my back up plan and just go with asking for the original credit agreement

    Any help would greatly be appreciated
    from a humble Scotsman
    Gorgo
    Last edited by gorgo; 15th November 2017, 21:40:PM.
    Tags: None

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