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?

" Default Re: Capquest/Shoos SPR claim Kirkcaldy - old Very CAT debt - SBd **CASE DISMISSED** the Scottish SB defence which I think runs. The following defence is all you need if it is SB 1 The Claimant's claim was issued on (insert date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barredicon pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. under scottish laws the debt is now extinquished . 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied." Hi DX, Thanks for getting back to me. So I looked over the thread and I was wondering if you could help me with the above quote? I feel like I'm part OCD and part Simpleton sometimes, I just really want to get this right. Is the Claimant's Issue Date the same as "Date of Order"? Thank you!

Hi DX, Thanks for getting getting back to me with your advice. It's much appreciated. I called Shop Direct today and they advised me my last payment was at the beginning of June 2012. Do you know if there's a reliable way to calculate if the claim is statute barred from the Simple Procedure Claim Form provided by the Sheriff Officers? So on the form they have the following dates: Date of Order: 13/11/2017 Last Date for Service: 27/12/2017 Last Date for Response: 18/01/2017 Are any of those dates applicable as a way to calculate when the creditors claim officially started, and by extension be used to work out a timeline for statute of limitations? Any advice you have would be amazing.

Name the issuing court: Aberdeen Who Is The Claimant: Capquest Investments Limited Who Are the Solicitors: Shoosmiths LLP What type of action? (simple/Ordinary): Simple What is the claim for: Full Comment on Section D1 of Form "The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement (“the Agreement”) between the claimants and Shop Direct Limited (“the Original Owner”) dated 30/01/2013, The claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the Original Owner which were in existence as at the date of the Agreement and in particular in relation to the contract hereinafter condescended upon. That said assignation was intimated to the respondent by way of a written notice on or around 30/01/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the consumer credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis upon which they fell due." Last Date Of Service:- 25/12/2017 Last Date For Response:- 16/01/2018 What Documents are listed in Box E2: A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon. Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Catalogue On section D5 what has the claimant said]: "I want the court to order the respondent to pay me the sum of £800" When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was your last payment:- Circa June/July 2012 Why did you cease payments:- Financial & Employment Issues Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Circa June/July 2012, I was unable to pay all my commitments and had consulted a third party on possible options though nothing was ever confirmed due to irregular income. Hi Everyone, I was hoping to get some help from anyone who might know more about simple procedures. I've received at my new address in the Central Belt, a Simple Procedure Notice of Claim Form and it's linked to a Shop Direct debt. I'm really unsure how I should approach this situation as this is the first time I've received one of these. Between 2012 and 2016, I didn't live in Scotland or the rest of the UK and I've had a lot of financial setbacks since mid 2012. The Court Citation comes from Aberdeen and it seems to be linked to my parents address where I used to live back in 2012, but I've been living in the Central Belt area for around a year now. I no longer have the paperwork linked to this debt and on the back of advice previously discussed on similar posts, I will call Shop Direct very shortly to obtain all my payment records and agreement etc. If you guys have any suggestions, I appreciate any input you might have. Below are some of the major questions I have on my mind. Is there a way I can get the court changed to where I'm living now? If my creditors win the judgement, am I able to re-negotiate the debt amount to a more affordable size? Is there a possibility that this debt is now statute barred? If I make a CCA Request before the due dates listed on the claim form, does the court allow more time for the claimant to get back to me? Thank you!!