thanks Have you ever prepared a defense on the basis that the pursuer has failed to provide the defender the information it relies on to substantiate its claim ? In other words, the defender has insufficient information to prepare a defense ?

What about this for starters ?

Rory, Is there any template for this ? I want to get the wording correct as this could be the 1st nail in the coffin for their case if worded correctly. I want to advise them also that it has taken one week to reply to my request for information and that upon 14 days, I will be applying to the court to have the case set aside on the basis of obstructive action.

Is there a requirement on me to actually handsign my letters and could the courts see this as a irrelevant detail ? In other words, I dont mind putting the pressure on them to provide the requested information without a signed letter....however, I dont want the court to say that I have been unhelpful with the simple request for a signed letter for identification purposes. What do you think ? I want to apply pressure as they are seven days gone out of a 14 day request anyway and will probably fail to send me the information within the next week or so thus meaning I could apply to the court to get the case set aside due to the pursuers delay tactics.

Okay no probs Rory....In the meantime, I will apply for my equifax report. Requested equifax report today. Hi all, I have received a letter from Sol's advising that I had not signed the "Request for Information" letter and therefore, they were unable to help until the letter was signed. It has taken over a week to get this reply. I did not sign it on purpose so that the signature could not be copied/pasted. I am unsure as to the way to play this...I am thinking sign it and send it back with a letter advising them that their delay tactics are intentionally reducing the time I have to compile a defence....or shall I just sign it and send it back with a letter ?

Hi mate, I have asked for the following information: http://www.consumeractiongroup.co.uk/forum/show-post/post-1837621.html The OC was Egg, which was then passed to Hillesden. DLC then advised that they were chasing the alleged debt for their client, Hillesden. Would they actually need a NOA if they are chasing for their client ? Do you or Rory fancy giving me a hand on the day ? I am on the east side of Scotland S76 - Seven day notice of intention to enforce ! (Seven day letter) This was not received.

No, I dont believe so. the last correspondance I have is June 2007

Also, another one to throw into the melting pot is the fact that I recently requested my experian file and nowhere on there does it mention egg, hillesden or DLC....surely, if they had given me a default, it would be registered on my credit record ????

Excellent...thanks Rory... I am using this thread to keep track of dates etc....Summons posted recorded delivery today with intention to defend. Also, posted recorded delivery request for information to sol. Rory, Could I request a NOA from Hillesden to DLC as I have past paperwork from DLC ? Why would I pay them when I don't know whether they own the alleged debt ?

thanks Rory...Will you be able to help me when I compile my defence ?

The solicitor is not Carters....It is (Removed to avoid Search !) ? Do they withdraw upon defence being issued as well ?!!!

Do you think I should leave the "Intend to Defend" notice to the court until nearer to the return date...I could actually submit my intent to defend along with my defence in january ? What happens if they fail to provide the requested information within reasonable time prior to the hearing date ? Can I ask the case to be set aside ?

No...but I am sure they could draft one retrospectively !

Many thanks...I just hope that someone still looks at this issue ! Was just looking at this... Can I be sued in England? | free help from Govan Law Centre , Glasgow The agreement was taken out in England. I have since moved to Scotland. Could I infer that the case is outwith the jurisdiction of the Scottish courts ? Forget that last one, I have answered the question myself: Sending this today to the pursuer/nolans and copied to the court: Just looked through my previous correspondance, and in June 2007, I received a letter from a company called DLC whose client were Hillesden Security requesting repayment of the above debt. Is this a my defence in itself that that they should have provided notice of assignment between DLC and Hillesden ? I have rang the court and I can dispute/concede at any point up until the date of return which is 14th January 09.

The details of the claim are: Okay, any views or thoughts on the best way forward ??? I am thinking dispute the claim to the court...send (Removed to avoid the search bot !) the request for CCA, default notice, letter of assignment from egg....have I missed anything ??? Court hearing date is 21st Jan 09 and the return date is 14th Jan 09.... Any help would be appreciated. @Elkus: I know mate...that is also the way that I used to get county court claims in England....however this is different....maybe cause it is Scotland ??? The form is from here: Small Claims Forms However, the court date is as posted above and the "Official Use Only - Summons No." is completed ???

Okay, an update (Scots Law remember !): The form is a Form 1a and was served by (removed to avoid the search bot !) Solicitors. The person making the claim is Hillesden Securities Limited. The claimant is a DCA. Will post POC shortly.

The couort hearing is already set for mid-january according to my wife !!! Is this normal without me issuing a defence of otherwise ???

I am at work at the minute mate but will type their POC later for you to review...

I have just received a court summons from Egg regarding an old loan. I intend to dispute this as much as possible. I will send the summons back confirming my intention to defend the claim. Can anyone give me a good template to send to Egg requesting the copy of the served default notice and also, an executed copy of the CCA. Thanks...any help would be much appreciated.

I have just received a court summons from egg so will be subscribing to your thread

Any update as mine is also stayed at Blackpool !

Another Red Debt letter received...wording exactly the same....when will they get it...I am asking them to take me to court...but they continue to churn out the same old s**t !

It is dependant on the bank but Barclays are applying for stays on all current proceedings....

Thanks ODC for the comforting words ! Will update this when reply received...Cheers

The alleged debt exceeds £750 so in theory, they could file for my bankruptcy, however, the claim would be on the small claims track and I have to admit liability before that can happen (Am I right ?) If they do apply for me to become bankrupt, do I get an option to reply to their request ? Obviously, do not want to lose my house !