Shoosmiths - Scotland

[Katm835]

I have received a Simple Procedure Notice delivered by 2 sheriffs officers today. It from what I understand is a claim from Cabot financial for a debt of £1473 originaly with Vanquis from a credit card in 2010.
I have checked my cresit report and Cabot does feature there for a default from 2014 for the same amount. I have checked my old emails as I do not recollect having a card with such a high limit ever. Sifting through I have found emails from Vanquis dated from August 2011 till January 2013 stating account over limit every month. I have not come across any statements or default notices but surely the card should have been defaulted well before March 2014.
The claim form is rather intimidating, I have never experienced anything like this before and even the officers who delivered it advised it is a very old debt.
I have a vague recollectiin of having a card and paying however I do not remember having any limit as much as they are claiming. If I owe something I am willing to pay but I dont want to agree to paying thw whole lot without knowing I actually owe it.
I havr asked for help elsewhete but have had no response as people are unsure about laws in Scotland.
Any help on how to deal with this would be much appreciated.
I previously worked in the financial services sector and was intending to return there after maternity leave which ends in July but if I end up with a CCJ I will loose my job and wont be able to get another in that industry.
Thanks for reading.

[Kati]

Re: Shoosmiths - Scotland

[MENTION=551]pt2537[/MENTION] ... do you know anyone who can help??

[Katm835]

Re: Shoosmiths - Scotland

Thanks any help is much appreciated

[pt2537]

Re: Shoosmiths - Scotland

Andrew Smith QC from Compass Chambers in Scotland is a barrister ive worked with before in England, he has dual practices north and south and has a solicitor who he uses in Scotland for his work in the north, so it may be worth dropping Andrew an email to see if he can help or if he can recommend a solicitor up there.

The alternative is Mike Daily of Govan law centre

[Diana M]

Re: Shoosmiths - Scotland

@pt2537 ... do you know anyone who can help??

There are a number of Scottish law firms listed on the LB Compare website which can be sourced by clicking on the link in your signature or clicking on the LB Compare tab at the top of this page.

My firm works with a firm in Scotland on a regular basis but it wouldn't be appropriate to make a recommendation on the forum.

Di

[Diana M]

Re: Shoosmiths - Scotland

I have received a Simple Procedure Notice delivered by 2 sheriffs officers today. It from what I understand is a claim from Cabot financial for a debt of £1473 originaly with Vanquis from a credit card in 2010.
I have checked my cresit report and Cabot does feature there for a default from 2014 for the same amount. I have checked my old emails as I do not recollect having a card with such a high limit ever. Sifting through I have found emails from Vanquis dated from August 2011 till January 2013 stating account over limit every month. I have not come across any statements or default notices but surely the card should have been defaulted well before March 2014.

The Consumer Credit Act is still applicable to your claim even though the case is being dealt with by the Scottish legal system.

So my suggestion is you send a s.77-79 CCA Request to the Claimant (Cabot) asap with a copy to Shoosmiths solicitors.

This forum has a template letter to help you with that here > http://legalbeagles.info/forums/show...=7670#post7670

You say you recall having the account in 2010 (was that the year you opened it?) and you have emails stating it was over the limit up until at least January 2013 but it's not clear when you made the last payment or were served a Default Notice (if any) albeit you say your CRA file shows the account was defaulted in 2014.

If you're attempting to establish whether the debt is Statute Barred (which is five years since the last payment or acknowledgement in Scotland) you need to establish these facts. A Subject access Request to Vanquis will do that.

Claims feel daunting when they arrive especially if hand delivered by the Sheriffs Office, but the process is explained in a relatively simple way here > http://www.scotcourts.gov.uk/taking-...mple-procedure

Di

[Katm835]

Re: Shoosmiths - Scotland

Thank you for the responses.
I will get that request sent to them today. I checked previous emails as I no longer have paperwork for this particular card. In my emails I found the opening email dated Nov 2010 and the last email from the was January 2013.
I came across a bank statement from October 2012 with a returned direct debit so I will continue to look for more paperwork to try and find a default notice.
Yes my credit file shows that Cabot defaulted the account in March 2014 no record of Vanquis on CRA unfortunately.
In the meantime should I send a defence or should I wait until Cabot/Shoosmiths reply?
Thank you for your help so far.
It is all very daunting, I gave the Sheriffs Officer all the information he asked for and I am now worrying they will contact my employer. I am on Maternity leave at the moment and wouldnt know if they did.
Sorry for rambling again.

[ScottishSolicitor]

Re: Shoosmiths - Scotland

Hi have you responded to the form yet?

[Katm835]

Re: Shoosmiths - Scotland

Hi no, I havent. Ive been so caught up in kids being unwell that ive not gotten round to it. It says I have until the 17th to reply.