Name the issuing court:
Who Is The Claimant: The Royal Bank of Scotland Plc
Who Are the Solicitors: Aberdeen Considine
What type of action? (Simple/Ordinary): Ordinary
What is the claim for –
1. To grant decree against the defender for payment to the pursuer of the sum of £28,671.67 Sterling with interest thereon at the rate of eight per centum per annum from the date of citation until payment; and
2. To find the Defender liable to the pursuer in the expenses of the Action.
Condescendence
1. Jurisdiction.
1.1 The pursuer a company incorporated under the Companies Acts (Company Number: SC083026) and having its registered office at 38 St Andrews Square, Edinburgh. The defender resides at xxxxxxx. Scotland. The Defender has been so resident during the three months immediately preceding the raising of this action. The Defender is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuer, there is no agreement prorogating the jurisdiction of any other court over the subject matter of the present cause of action. To the knowledge of the pursuer, there are no proceedings involving the present cause of action in subsistence between the parties before any other court.
2. Consumer Credit Agreement
2.1. The Pursuer entered into a Consumer Credit Agreement with the Defender in respect of Select Account (xxxxxx ; xxxxxxxx) (“the Agreement"). The current account facility was advanced by the Pursuer to the Defender. The Agreement was properly executed in terms of the Consumer Credit Act 1974 (hereinafter referred to as ‘the Act").
2.2 The Pursuer entered into a Consumer Credit Agreement with the Defender in respect of a Personal Loan (xxxxxx ; xxxxxxxx ("the Agreement"). The loan sum was advanced by the Pursuer to the Defender. The Agreement was properly executed in terms of the Consumer Credit Act 1974 (hereinafter referred to as “the Act”). Repayment of the loan was to be made by monthly instalments.
3. Default by Defender
3.1. The Defender failed to maintain the payments due in terms of the Agreement. The Pursuer served a Default Notice in terms of Section 87(1) of the Act on the Defender on xx/05/2017 in respect of the Defenders' failure to maintain payments. The Defender has failed to remedy the breach detailed in the Default Notice by making payment of the sums due.
3.2. In terms of the Agreement and the Act, the Pursuer is entitled to demand payment of the whole outstanding balance if the Defender fails to remedy their default. The whole outstanding balance as at 31107/2017 was £28,671.67 STERLING, which is the sum sued for.
4. Demand for Payment; Necessity of Action
By formal demand letter dated 31107/2017, the Defender has been called upon to make payment of the sum sued for but has refused or at least delayed to do so. This action is accordingly necessary.
date of raised claim [or court stamp date from writ or date from ] :- 26th April 2022
Last Date Of Service [or from form 07]:- 26th April 2022
Last Date For Response [or from form 07]:- 18th May 2022
What Documents are listed in Box E2:[or in your form requesting the same?]
My form doesn’t have a E2 box –
Form 07 (notice of intention to defend) plus fee of £129 is requested.
Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- The debt is for a loan and overdraft
BOX D4 what has the claimant stated: IN FULL
My form doesn’t have a D4 box.
Date of Agreement: – There is no agreement date on the Claim/ Writ form
Reference Number: – is this the original creditors account number? YES
how many digits does it have? Eight digits with 2 zeros at the beginning.
Unpaid balance: - £28,671.67
BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]
…..
My form doesn’t have a D5 box.
from your knowledge: answer the following:
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.:- By Original Creditor
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? Yes I think so.
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes
When was you last payment:- Around January 2020
Why did you cease payments:- CAG advised.
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? Yes, I started making regular small monthly payments in June 2018.
.................
Sorry I've been slow off the mark with this, I have medical issues and been unwell for the last couple of years and this last few weeks have been trying.
Many Thanks.
