autonomousone
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Hey Dx, I checked for news on both party's websites and there's been no update and nor was there on the sheriff court's website. Do you know if there's a way to request the court to provide the judgment details if they decide not to publish it? All the best,
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Hey Dx, That's what I understand to be the case also, the case details aren't available to read on the court website so I'm not entirely sure what the exact basis was for the claimant to have a judgement made in their favour to begin with. Hopefully the diet being held soon will make for better ground for the defendant. All the best
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Hey Guys, There's been an update from Govan Law Centre regarding the first Pra case. http://govanlc.blogspot.com/2018/06/sheriff-appeal-court-case-on-credit.html All the best
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Hey Noodlesgal, Did you receive any updates about the case? All the best
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Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
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How long does it take to get the judgments added onto the courts website?
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Hey dx, So I just want to update you on my case that's been transfered to the new court. I recently got the new S01 form from the new court and they essentially asked the claimant for the same documents as the old the court; with a case managmentdiscussion set for early april. And today I got an email from the claimant's representative with an attached form 9e (Abandonment Notice) advising me that the claimant is asking to have the claim dismissed with no expenses awarded to either party. I want to say that this is great news but I will post in due course once I call and confirm with the court what I've been advised by the claimant and hear the court's latter acknowledgment. Thanks
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Hi Eveyone, Has anyone found out if there's been any updates regarding the first Rome 1 case hearing? All the best
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Hey Noodlesgal & dx, I hope you're well. I too am curious about what would happen if you go through the ordinary cause procedure by yourself at this point. So just to summarize at this point, and correct me if I've got anything wrong: You were told by the court that there was going to be a hearing in March as you've already advised the court the debt is statute barred right? The couurt advised the claimant they have up until two days before the hearing in march to submit their plea and documents? The claimant during a phone call with your solicitor said that they would try and use another test case arguing for English statute limits instead of Scottish; but they haven't confirm this yet? Did the court advise anything else, or make any other orders? And for anyone whose familiar with ordinary cause procedures, what would a defendant, who is stating their debt is statute barred, have to do (or argue) at a hearing if the claimant is saying the debt isn't statute barred because of another court case that's pending? Sorry to be so invested in your thread Noodlesgal, I'm currently disputing a claim where the original creditor was English but I took it out in Scotland.
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Hey Noodlesgal, Thanks for getting back to me. Assuming broadies does take that argument on the basis that they're pending judgment on the original case, wouldn't the court sist or postpone until the decision is made in the original case? And when you were advised that the process will be lengthy and costly, did he explain specifically how and why it would be drawn out? Oh sorry, Something else, has there been any discussion about Legal Aid if you do continue to remain with your solicitor? all the best
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Does anyone know when the original Govan Law centre case is going to be discussed in court? All the Best
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Thanks dx Noodlesgal, I hope you can find the stength to face these bullies. This is kind of irrelevant but was the solicitor you're currently paying on board with the statute barred defence to begin with? It's kind of unprofessional of him/her to have such a change of heart just because of the possible position the claimant might take. With the upcoming hearing you guys have, do you know when the claimant has to get all their arguments and documents submitted to the court? Or was there like a timetable of some type? All the Best
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Hey Guys, I'm not familiar with the ordinary cause process but presumably the claimant would have to motion such an argument prior to your hearing date right? All the best
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Hey Everyone, So aside from the possible debate that might take place regarding the limitation period, does it actually say anything on the credit agreement about the use of English Law? Surely such a clause, valid or not, would need to be very explicit in just what the use of English law would mean? All the best
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Hey Everyone, With the Govan Law Centre article that Noodlesgal pasted, it seems that DCA's might see this as a possible opportunity to try and override Scotland's five year limitation period. Has anyone seen a DCA use an argument like this before in a Scottish court, and if so, what happened in the end? All the best
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It was the original court itself that decided to transfer it to a court in my area. They saw the address I stated on form 4a I sent back was out of their jurisdiction when I called them last week. As far as I'm aware, the claimant didn't ask to have the case transferred. I was advised when the case management discussion was cancelled that I'd hear back from either the claimant or the new court of next course of action.
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Well, I guess I'll play it by ear for now. I have a feeling that this might not be the end yet; I'm thinking it might be good to check with new court in a few weeks if there's been any developments. I'll keep you posted if I hear anything either way. Thanks dx
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Do you think there might be anything worth following up on at this point?
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Hey dx, The hearing was cancelled because the court venue's being transferred to where I live, I'll let you know whenever I get updated from the claimant or the court. Thanks
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Hey dx, I've not received any of the documents that the claimant was ordered to send in by sheriff. I spoke to the court today and they said that they've not been sent anything on their side either. The clerk advised me that the last day to get those docs in will be the 31st. He said that he'd chase them if he doesn't receive anything by then. I want to get copies of those docs before the case managment hearing so I can be prepared; do you know if there's anything that I can request, or do, if the claimant's not going to send anything in before the hearing? Thank you for help
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Hey dx, I got my response back from the court today. They've requested that I attend a case managment hearing to discuss the claim with the creditor, much like the following thread you're also dealing with: https://www.consumeractiongroup.co.uk/forum/showthread.php?481976-Capquest-Shoos-Simple-Procedure-Claim-old-ISME-Shop-Direct-CAT-debt Though the case is happening quite quickly, it'll be on the 6th of Feb. The deadline in which the claimant needs to get their evidence submitted to the court will be at the end of this month. The court has requested the following from the claimant: The Statment of Account The Contract All Assignments Having looked into the claim further, I'm thinking that the following should be my stance on the day: - The claimant states on the SPR claim form that the credit contract in question is considered to have fallen due on the day of the first late repayment. I've calculated this to have happened more than five years before when the claimant first lodged their claim to the court. - The last payment on the account was a token payment and this was also more than five years before when the claim was first lodged. What's your opinion on this? I was also thinking about emailing back the representative, I got the impression when I read on the following article below that it might reflect badly on me if I'm seen to not have made any effort to 'narrow the issues' directly with the claimant prior to the hearing. If you were in this situation, how might you engage the representative? kerryunderwood.wordpress.com/2017/10/10/the-new-pre-action-protocol-for-debt-claims/ As always, your advice is much appreciated. Thanks - Sorry for the incomplete link, I've not posted enough to paste links on my comments To add to the last comment sorry, Where the letter mentions that I've been requested to attend this hearing, it's under the order heading: Settlement and Negotiation
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Hey dx, I recently emailed my response form to the court as well as the claimants representative. The court hasn't responded back to me yet, I will call them tomorrow to check that everything's acceptable for them to process the form. Though the representative has emailed me back saying they can't respond back to me until I provide them my DOB. Perhaps I'm just being stubborn but do you think it's worth acknowledging the represntative further at this point? Thank you for all your help
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Hey dx, So I'm going to be sending my response form this week to the court and Capquest. I'll be indicating that it's statute barred. I'll re-post once I hear back from the court. Thanks for your help again
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Hey Dx, after we last spoke I looked over the claim form again I saw that on the claim form timetable section it said the timetable was changed. I called the court today to see when this was changed and the sheriff clerk said that the claimant originally started this claim in late June 2017 and they re-applied for an extended time, hence why I received the claim form so late (mid November 2017). The date when Capqst submitted the forms to the court is still over 5 years from when I made my last payment though only by a small margin. I also got confirmation when I last spoke to the original creditor that the June 2012 payment was a token payment and my last full instalment payment was in early April 2012. I also looked into some of the other CAG threads about interpreting when a contract becomes statute barred I have a feeling that Capqst might argue that the debt didn't "fall due" until the DN was issued on January 2013. Given your understanding, do think it's still worth going ahead with the just the SB'd defence, or do you think it's worth incorporating anything else alongside this? Thank you in advance if you have any advice to give. regards
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Hey, Do you know where I would out when they started their official Simple Procedure claim? Is it worth phoning the Sheriff Court to find that out?
