Scottish initial writs

[Scottishwrits]

Hi all
looking for some advice I recently received a initial writ from sheriff officers for a debt I had years ago but I moved address and never got any mail from the company until I received the writ for court I have 21 days to pay or defend but not sure how to move forward with a defence the company link finance and idr have bought the debt from Barclaycard was looking to see if I could defend based on me not entering into a contract with them

many thanks in advance

[nemesis45]

Re: Scottish initial writs

Hi all
looking for some advice I recently received a initial writ from sheriff officers for a debt I had years ago but I moved address and never got any mail from the company until I received the writ for court I have 21 days to pay or defend but not sure how to move forward with a defence the company link finance and idr have bought the debt from Barclaycard was looking to see if I could defend based on me not entering into a contract with them

many thanks in advance

Hi, welcome to LB,

Scottish law is something I'm not very familiar with but I'm sure others will be able to help ( it might be a bit quiet being Sunday evening)

Your point on not entering into a contract with Link /IDR will not I think assist you as when a account is sold the rights to any debt pass to the debt purchaser.

How old is the debt? Do you know the default date or when payments ceased?

A check on one of the free credit references agencies might clarify some points on this. (Noddle and Callcredit).

nem

[Scottishwrits]

Re: Scottish initial writs

Ok thanks

[Diana M]

Re: Scottish initial writs

Your point on not entering into a contract with Link /IDR will not I think assist you as when a account is sold the rights to any debt pass to the debt purchaser.

Only if the assignment can be proved which IDR may find difficult (they're unlicensed).

In fact in a lot of these ex-Barclaycard debts we find the legal problems increase when the debt is (apparently) assigned to Link before being assigned (again) to IDR.

In those circumstances the whole assignment chain has to be proved.

Di

[Diana M]

Re: Scottish initial writs

I recently received a initial writ from sheriff officers for a debt I had years ago but I moved address and never got any mail from the company until I received the writ for court I have 21 days to pay or defend but not sure how to move forward with a defence the company link finance and idr have bought the debt from Barclaycard was looking to see if I could defend based on me not entering into a contract with them

While the court procedure is different in Scotland the Consumer Credit Act still applies.

When did you open the Barclaycard account and could it have been something else first such as Egg, Marbles, MSDW?

How much is the claim because it will be managed differently according to the amount claimed? @ScottishSolicitor may be able to explain things for you.

Di

[Scottishwrits]

Re: Scottish initial writs

While the court procedure is different in Scotland the Consumer Credit Act still applies.

When did you open the Barclaycard account and could it have been something else first such as Egg, Marbles, MSDW?

How much is the claim because it will be managed differently according to the amount claimed? @ScottishSolicitor may be able to explain things for you.

Di

Hi Di its for a total of 9400 pounds
Is always been barclycard

[ScottishSolicitor]

Re: Scottish initial writs

As Diana mentions I can probably help you with this. There may well be numerous lines of defence you could advance. From what you say this has come completely out of the blue. Which court is the action raised in?

[Scottishwrits]

Re: Scottish initial writs

As Diana mentions I can probably help you with this. There may well be numerous lines of defence you could advance. From what you say this has come completely out of the blue. Which court is the action raised in?

The court is Hamilton sheriff court