Hi i am looking for some advice on what to do with a court letter i have received. It is from an old credit card from Aqua which i had taken out back in 2013. The Claimant is now Arrow Global Limited who i assume has now purchased the debt. I have until 11.08.17 to reply. Issue Date: 06.07.17 Amount approx: £2288.42 Claimant: Arrow Global Limited Solicitor: Shoosmith LLP Original Creditor: Aqua Credit Card (NewDay Ltd) Particulars of Claim: 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 Newday Ltd ("the original owner") dated 18/10/2016, 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. The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer 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 which the fell due. The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant. The form asks what documents they may bring to court to support the claim and they have listed.. 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 debt Statute Barred? No List any letters you have sent: None Yet Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this. Any advice would be much appreciated. Thanks

Hello Everyone I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago. The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it. Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09, very shortly after (around 6 months lost my job). I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011. I continued the £20 per month till around Jan 2016 then I lost my job again, and couldn't pay at all. If I am being honest, i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor. Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare. Any advice? I can post a copy of the letter with personals omitted if it helps?

Statutory intervention in Wellhouse Housing Association - June 2017 Can be downloaded here: https://www.scottishhousingregulator.gov.uk/publications/statutory-intervention-wellhouse-housing-association-june-2017

Scottish Housing Regulator Fire Safety Advice - Letter to all social landlords can be download here: https://www.scottishhousingregulator.gov.uk/publications/fire-safety-advice-letter-all-social-landlords

Letting Agents Registration and Code of Practice Comes into force 31st January 2018 ***Scotland Only*** The Housing (Scotland) Act 2014 made provisions for the mandatory letting agent registration, regulation and training requirements in Scotland. Housing (Scotland) Act 2014: http://www.legislation.gov.uk/asp/2014/14/contents/enacted Part 4 of the Housing (Scotland) Act 2014 makes provision for the registration, regulation and training requirements for letting agents in Scotland. They include a mandatory register of letting agents, a ‘fit and proper’ person test, training requirements, a code of practice to which all letting agents must adhere and enforcement through the new First-Tier Tribunal. The Letting Agent Registration (Scotland) Regulations 2016 sets out the training requirements that those applying to join the register of letting agents must meet and additional information required for registration. This was laid before the Scottish Parliament on 22nd December 2016 and comes into force 31st January 2018. The Letting Agent Registration (Scotland) Regulations 2016: http://www.legislation.gov.uk/ssi/2016/432/introduction/made Letting Agent Registration Guide: https://www.mygov.scot/letting-agent-registration/who-needs-to-register/ The Register of Letting Agents will be a list run by Scottish Ministers that will make sure every letting agent is suitable to do the job and has met minimum training requirements. --legal obligations relating to letting agency work and the rights and responsibilities of tenants and landlords --handling of tenants’ and landlords’ money --arranging and managing a tenancy --managing repairs and maintenance --customer communications --complaints handling --equality issues The Letting Agent Code of Practice (Scotland) Regulations 2016 were laid before the Scottish Parliament and will come into force on 31st January 2018. The Letting Agent Code of Practice (Scotland) Regulations 2016: http://www.legislation.gov.uk/sdsi/2016/9780111030912 Those engaged in letting agency work must also comply with the Letting Agent Code of Practice. The Code of Practice is set out in The Letting Agent Code of Practice (Scotland) Regulations 2016 and contains general duties including: --complying with relevant legislation --providing accurate information --applying procedures consistently and reasonably --dealing with complaints --ensuring compliance by employees and subcontractors --handling private information sensitively --not to unlawfully discriminate --carrying out services in a timely fashion and with due skill and care Housing and Property Chamber First-tier Tribunal for Scotland: https://www.housingandpropertychamber.scot/

For the full story : - http://www.bbc.co.uk/news/uk-scotland-scotland-business-40069986

Hi there, I 'm not sure if this is the correct forum as it's a Scottish issue. My daughter is a foster carer and wants to take the child on holiday with the rest of the family. The problem is the child's parent will not give consent to any holidays in the UK or abroad nor even pass on the child's now expired passport. The parent will not agree to sign a passport form either which leaves my daughter with no option but to apply for a specific issue order in court to have the passport form signed and applied for in the child's name. Can anyone give me some pointers as to how we can go about this and any pitfalls we need to look out for. Thanks hodgsoi

Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf

Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggling to find a definitive answer on Scottish Decrees. Ideally if I can avoid a decree/have it set aside I will offer to continue paying a token payment, or if I come back to the UK and work, increase payments and pay the debt off in full, If i never come back i guess it will get statute barred! Thanks in advance for any help!!

All documents are here: simple procedure 2023 WWW.SCOTCOURTS.GOV.UK Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3 to plan out you response use the online website: hit respond in blue from here: Welcome to Civil Online Gateway (scotcourts.gov.uk) to fill it in online.

Hi guys im hoping for some advice on what to do with this debt, i had no idea they would take me to court for it and am panicking a bit now, i have looked around the site but cant really find specific advice, so apologies if i havent looked hard enough and i appreciate any help you can give, cheers neil. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand. the said agreement was an agreement regulated under the consumer credit act 1974. the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same the last payment was made to account on 07/09/2015 the said sum of £1029 is the sum sued for. the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so. What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small? Is the claim for a current or credit/loan account or mobile phone account? catalogue 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 cabot/nolans soliciters Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments:- financial difficulty 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? no

My brother in law obtained POA over my son without consulting me, My son tells me he never asked for his uncle to become his POA, I cannot get access to my sons accounts (at his request) indeed my son cannot view the state of his account himself, My son wishes to cancel the POA. where do I stand in this matter

Hi, I have been receiving letters from a debt collection agency on the back of a parking violation in braehead retail park Scotland. I have been given a last opportunity before court proceedings. I have never replied or disclosed myself as the driver. What can I write to make them go away before they raise any court action. Would appreciate latest advice and a letter template. Kind regards Followufollowme

Received this letter in the post today, I've never had any contact with them before. There was no other information included so I dont even know which years this is apparently for! What would be my proper course of action? And how do I find out more about this 'summary warrant'. Regards

Got a parking ticket (from police not traffic warden) for parking in Dalry Place (Edinburgh, Scotland) which is pedestrianised. As a resident I am supposed to be allowed to stop and load there for 30 mins, but the ticket says I was recorded as being there for 3 mins (14:07 to 14:10). I can request a court hearing - just wondering if these ever go in favour of the defendant or do I stand little chance of getting off? I am thinking that I feel I am in the right, but is it going to be worth the hassle versus £30 fine...

Hi I have a mortgage with BOS I have been in arrears since 2011 and didn't pay at all for a year or so stated payments again in April till July then missed aug and sept then set up new arrangement and paid two In October and one in November the direct debit will be missed on 30th as I don't have enough but it will be in my bank on 5th jan will they retry or is it best to call and explain? My arrears are 9800 Thanks

Good evening, I've received a reconstituted agreement for an old Bank of Scotland from Cabot who now has the debt. However at the bottom of the 'agreement' it states: "This agreement is governed by Scottish law." Out of curiosity does anyone know if this means that it can't be pursued through the English courts?? I live in England. Sorry if I have posted in the wrong place. Thanks in advance. Molly

I thought vehicle clamping wasn't allowed in Scotland https://www.scotcourts.gov.uk/about-the-scottish-court-service/scs-news/2016/11/24/fines-dodgers-pay-up-after-cars-clamped

Hello, I've read several cases on this forum and found most of them similar to mine, except the amount of money DWF wants from me. So I'll start from beginning. A month ago I found out how to trick self-checkout I've used this "trick" 4 - 5 times tops, and only to buy necessary groceries to survive until next paycheck and totally regret my actions. The amount of money barely would reach £70. I suspect, that they have tracked me down, by noticing repetitive entries on their system Since I am employed in a restaurant which is situated inside ASDA's premises, security informed police where to find me. Police then came to my work with pictures from CCTV asking to confirm that this is me in that photo. Police also told me that I am under suspicion for shoplifting and therefore I am banned from the store. As a result of that, I've got suspended from work for an indefinite time, until this matter with ASDA is resolved. Several days ago I spoke to my managers and asked if they heard anything back from ASDA or police about the progress on the case, they said that ASDA has collected all the necessary evidence and passed to police which will probably prosecute me for fraudulence or fraud. Also, I've been told to expect police visit at my house soon, but it's been a month, since 2nd November. And I have never been interviewed neither by ASDA or police about this matter. On 25th November, I have received a letter from DWF stating that they are solicitors acting on behalf of ASDA and asking to pay an enormous amount of money for stolen goods and standard amount for security costs(£125). Of course, 7 days to pay the outstanding balance to avoid further actions. Second sheet has FAQ and the last sheet says that THEY are waiting for payment or response. I have not replied yet and I am not planning to. I am shocked! It's physically impossible to steal goods for such amount of money. I think they have a roulette with amounts of money to beg for. I suspect, it might be influenced by a poor relationship between ASDA and the restaurant I'm working for and they are trying to rip their rival's employee. My main concern is the amount of money, which is £10 000. On what grounds? And should I wait for a response from police or court before even thinking of replying to DWF? So, I assume this might be an interesting case for you, guys. Thank you in advance for any feedback.

I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland. In this particular case I was definitely not the driver and that is absolutely genuine. I obviously know who the driver is but not about to divulge this information to them. The alleged incident happened on Oct 30th 2016, their PNC is dated 7th November 2016 and I received the PNC via second class post today 16th Nov 2016 some 17 days later. I thought they only had 14 days for to send this out, but I could be wrong. Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year? I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that? I also notice that they state on the reverse that - quote "Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc. what happens when their clients property is in Scotland then? One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways. Any help appreciated.

my letting agent (landlord) has issued me with a section 33 today. the reason stated on this is because i have not kept the property in a "clean and tidy" condition...i have photos that prove otherwise. There is no damage mess etc does any one know if i can do anything regarding this? i have 2 kids (5 and 7) and am worrying so much. im going to view a place tomorrow but the issue is rent in advance and deposit,the council said the DHP is unlikely to help me as they helped before with rent in advance and deposit for this place and i should get that back if my rent is up to date which it is. the issue is i have been told the landlord for my current property won't give me these until i have left the property and with the deposit she has another 30 days after the date i leave to make a claim on it. sorry for rambling but im at my wits end.

This is about water suppliers to small businesses in Scotland. I received a bill for about £400 for a years water supply from business stream - seems a little high to me, given that at my previous location the bill to the same company was around £100 per year. Has anyone on here any experience of switching to another supplier other than Business Stream, and were their charges any more reasonable? All I have water wise is one toilet and a kitchen sink to fill the kettle. I am looking for a supplier with a good standing charge per day, and not worrying about metering of the actual amount used which is very small.

A bit about myself: I live in Scotland, am a middle aged divorcee with Multiple Sclerosis who has (or had, before now) a completely clean record. Last week I came home find a card through my door from the police informing me that they had called to speak to me and would I please contact PC Thingumajig to arrange a time to talk regarding 'an ongoing investigation'. I had no idea what this could be about and my medical condition leaves me embarrassingly prone to panic reactions in even the most innocuous out-of-the-norm situations. I immediately started panicking that I had done something illegal to warrant the police at my door but after talking it out with a friend we concluded that perhaps I had witnessed something that the police were investigating as I don't live in the best area. I phoned the PC and arranged to come in the next day to see him but completely spaced on asking why he needed to speak with me. When I got to the police station I was taken into a small room with only a table and three chairs, PC Thingumajig asked me to sit down and as he sat in front of me and pulled out his notebook a second PC came in behind him and closed the door. I started to get a little shaky as it was quite intimidating (this second PC was vaguely familiar to me as one that had treated a friend of mine particularly badly last year). I was shocked and stunned when I was told that I had been accused by the local Boots of shoplifting a mascara the previous week. I told them that I had not but as I was in full panic mode at this point I could not really digest the information they were giving me. They told me that they had witnesses who had seen me take it and had followed me out of the store and through the shopping mall, as well as CCTV footage of the incident. They were quite frankly not interested in any explanation I had for what had occurred on the two occasions that I recalled being in the store over recent weeks. When I told them of my medical condition and its effect on my memory (particularly in stressful situations) as the reason why I could not remember the day in question, the intimidating one immediately latched on to this as an explanation for my thieving ways and would not let it go. My record was checked and since it was clean I was told they could issue an official police warning or if I wanted to contest they would charge me and send it to the PF who would decide whether to take it to court or not. By this time I was so distressed and confused I was beginning to doubt my OWN honesty so I agreed to the warning in order to avoid the stress and pressure of the long drawn out legal procedure which could have had devastating consequences for my health. The warning was issued as well as a ban from Boots stores (I will never be darkening their doorstep again in any event - physically or digitally). Since that time I have been so stressed I have had panic attacks when I enter the shopping mall where I do volunteer work once a week, am prone to crying uncontrollably, have been unwilling to leave my home and unable to socialise with my friends. The stress has also had a deleterious effect on my health by worsening the symptoms of my MS. I have only recently been able to look at the warning notice and comprehend the date of the alleged incident which was almost exactly a week prior and, now that I can ponder it with a clear head, I DO recollect the day in question as I was re-starting art classes on that date. I DID enter the store more than once (a point they made repeatedly) as I had wanted to print a photo from my phone and, because their machine's USB was not recognising my device, I used the USB from my portable charger and accidentally left it in their machine. I had returned a couple of hours later to retrieve it. Since the photo printer is at the opposite end of the store from the make-up section I have no idea why they think I pocketed a mascara but since I was nowhere near that area of the shop (except to enter and leave) I have no idea why I have been accused of this crime - the only thing I pocketed in the store was my own property! Is there any way I can get the store to at least apologise for humiliating me and can I get the police to rescind the warning? Do they not have to stop me AT THE TIME instead of waiting a week to apprehend? Should I be worried as to how the police got my name and address? The only way I can think is to have accessed my prescription history at the pharmacy. They wouldn't let me see the CCTV footage either when I asked and I'm pretty sure the Data Protection Act gives me that right. I would really appreciate any advice I can get.

READ MORE HERE: https://www.theguardian.com/society/2016/jul/31/right-to-buy-policy-scrapped-scotland-social-housing

Today I received a Claim Form for an old Bank Of Scotland Credit Card debt that had been passed on to IDEM Securities Limited. I had been sending regular monthly payments to Idem via Standing Order, last payment sent was January 2016. I had sent a signed for CCA Request on 28 December 2015 to IDEM SERVICING. The reply to my CCA request was: IDEM acknowledged they were unable to supply a copy and acknowledged until they could do so the agreement cannot be enforced. in March 2016 they wrote again saying they have now received a copy from LLOYDS BANKING GROUP and enclosed a copy. No signatures whatsoever are shown and just a print off of Repayment and Interest Charging, all looks like a generic print off. I never made any communication whatsoever with IDEM from this point. They tried phoning me daily and leaving messages on my answer machine which i never responded to. They then wrote to me in April 2016 saying they were unable to speak with me. Then they wrote in May 2016 saying they are keen to speak with me. Then on 14th July they wrote saying account transferred to Litigation. Today I received the County Court Claim Form with Issue Date 27 July 2016. I have logged into MCOL and done acknowledgement of service, and defend all. I have also a CPR 31.14 request to send signed for to Claimant in the morning. I also at this moment have a Claim Form going on with PRA-Halifax(LLoyds) which i have a thread on the forum, i have filed defence on that, and awaiting the 28 days to see if gets stayed, so i already was aware with MCOL and defend all being way to go. I thought it would still be worth while posting a new thread with this particular claim that has arrived today, just incase any different cause of action is best, both cases are very similar intruth as both have not provided a true copy of CCA. Any help/advice as always truly appreciated! Thank you