I am trying to pursue a company in Scotland via small claims court, I have received the paperwork back today Subject : Claims Issued Out Of Jurisdiction Please find enclosed claim forms returned to you for service, As this is a claim form to be issues out of the jurisdiction of the court. Money Claims Centre no longer servers the claim form direct to the defendant. The money Claims Centre has received this guidance from Court Business Support and as directed by a District Judge. Rule 6.4b of the cilic Procedure Rules only refer to general service by first class post to a jurisdiction within England and Wales and does not apply to foreign process. There is no provision to serve papers to addresses outside England and Wales I have rang PSU in Liverpool who in my opinion wasn't overly helpful in the pack returned I have :- Notice of issue (Duplicate) - I believe I keep this and fill in the missing dates of when sent, when it was received and date to reply Copy of claim form and submitted evidence - which I send to defendant N510 form - do I send that to the defendant ? Response form - which I assume the defendant needs to ? I need to know if I can put all the paperwork in the post and send via recorded method ? I need to know how many days I have to give the defendant to reply ? I know this is urgent and need to deal with it ASAP thanks for your support

Received this in the post today Along with my original CCA letter. Any advice? I dont know what details they have as I have moved a number of times since then. If it was a credit card I would have thought capquest would have the details Just double checked on my Noodle account. It is listed in my closed accounts (if it is that one) and is shown as settled in Dec 2010 with no missed payments. Edit: it cant be that one on the account as my card limit was £1000 and have been paying £6.52 for years and my outstanding balance is shown as £1211.14 and the account is settled properly. Edit 2: Is it worth doing a SAR with CapQuest to see what they have on file and amounts?

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.

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.

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

hiya all. just got a letter from PRA group about a debt i have of roughly 2 grand. they are saying they are going to get brodies LLP scottish solicitors on to me (im in glasgow, scotland) im wondering what powers these people have - i.e. do they have any right to come to my house and seize goods? under scots law. im sure only sheriffs officers have the right to come on to my property under scots law. i know that simple debt collectors are trespassing by coming to my house just not sure where i stand with a local solicitor. thanks for any reply's! i will re - phrase that - who has the right to come on to my property? in scotland.

So found out this week that part of the business of the company that I am currently employed with and located on the south coast of England is being sold off to a company based in Scotland. My current company is a large one (over 2000 employees) and this sale will affect me and about 24 others. I have been there 6 years and this change will not be happening till April 2017 We will shortly be having 1 to 1 consultations regarding other positions within the company to which we could be re-deployed and the company has stated there will be no compulsory redundancies. Having been through this a few years ago which ultimately led to redundancy I have somewhat of an understanding of the TUPE process however there are a couple of things that I need refreshing on. Would it be correct to say if I remained in the role at the time of TUPE having not secured in an internal position with my current employer then the new company would be the one to make me redundant should they choose to? Following on from that is more concerning in that could the new company state after TUPE takes place we have jobs for you but in Scotland so you can take these up? Would I then be expected to re-locate to Scotland or be in breach of my contract leaving me open to dismissal rather than redundancy? Thanks for any advise you can furnish me with

Hi there, I have a business banking issue with HBOS. I understand that this is a consumer forum, and therefore does not advise on business banking issues. However, does anyone know of a similar forum in the business arena - or are there any legal eagles out there that might like to take on a juicy case against HBOS? Many thanks, SD

Hi, I apologise if this is in the wrong place but I didn't know where to post it and I desperately need help as I am going out of my wits with worry and stress. This will be a long post Me and my partner split up when my son was one. I see his quite a lot so I am lucky in that aspect of it but I don't think its due to my ex being nice more so not being able to cope. Anyway she met a new guy and all was going well. I met him a few times and all went well. My time with my son was not impacted. About a year after they got together I had a letter from Social Services saying her new partner was being investigated for emotional abuse and his children from a previous was not allowed to see them. This in turn also extended to my son and another child my ex and him had (Confusing I know) Anyway this went on and on and I think if I remember there was a protection order in place so he was not able to see my son or his new child. The social left this order in place but did not proceed any further with the case. I later found out that my ex had married this guy and had another child with him while this order was in place and kept it a secret. She had told my son not to tell me and said if he did the social would take him away from his family. For 2 years my son held this lie. Anyway it finally came out and I only found out via the Social. When I confronted her she denied it. I asked her sister who she no longer talks to and she confirmed it and sent me photos (They was talking at the time of the wedding) I sent the photos to my ex to prove I knew about it and she confessed. The social basically closed the case again as they think there is no need to keep it open. I was happy with this as I trust the social. On Saturday just gone (18/06/16) my son told me that his mum thought about moving to Scotland. I questioned more as it took me by shock. My son didn't know more so I left it at that and instantly spoke to my ex who denied it and said I don't know where my son got it from . This morning on the way to school I asked again and he told me his mum said he could Skype me if they move to Scotland as they will not be seeing me that much. I would like to explain that I have a 13 year old daughter who is living in Wales with another ex that I no longer see. I fought in court for 6 years to see her. I got orders, my ex was served papers at her work as she ignored them at her home. Eventually I got contact that was supervised. Then it stopped. I found out she had moved to Wales. At the time I was not in work and I could not afford the travel and with a heavy heart I concluded I would loose access with my daughter. I am thinking my ex is thinking if she moves to Scotland I will back away from seeing my son to. But I am working now and in more of a position to fight it. My son was born in 2007 and I am on the birth certificate. I also believe I get automatic PR as I am on the birth certificate and he was born after 2003. Does this give me any right to blocking the move? Would the involvement of the social have any impact on this? Would the involvement of her new partner who had an order have any impact on this? My son had a poor start in life and struggled with school to. Since he has been at school in Birmingham he has thrived and is doing so well and I am so proud of him. But I am worried him moving to Scotland would have a massive impact on this. I don't want him to start again. He is a timid and shy boy and he has a few friends. I think moving to a new country and school away from his friends will make it even worse. Is there any advice anyone can give me? I am begging here as I am at my wits end and I can't stop worrying. I can't get lagal aid but I can't afford solicitor fees so I don't know what to do. Please help a worried dad.

I have a Bank O/D which I just stopped using in 2011, transferred benefit payment to a basic bank a/c , they list on my Credit report at an old address as " sustained arrears over three months but you have agreed new repayments with the lender " which I haven't , I havn't been in touch with them for 5 years, BUT , they have taken to sending a new debit card to old address for the last two years, which I guess is a ploy to keep the clock ticking, but with overdrafts, I didn't think there was a clock ! I could advise them of change of address, but they can see that on Credit Reference Agency report. I guess there is some automated process which just keeps issuing 1 year debit cards to the old address. I cant pay the O/D off. Leaving alone. Balance been the same for 5 years. No other correspondence sent to old address at all. Just worried it shows as an open account , despite no contact from me with them for years. As it's an overdraft , should I just continue to ignore ?

I have just recieved a parking notice for £70 for parking 14mins extra in a 2 hours free parking zone in the water front retail park in greenock, scotland. we had taken our grand children swimming then walked with them round the retail park we have been given 28 days to pay.. .we believe we were not more than 2 hours in the parking area, and my friends were parked for the same length of time and have not recieved a charge. we have no way of knowing if this company is genuine, as we were on holiday for a mid week break staying nearby in weymes bay. what are our rights and do we pay or not. the letter says if we pay straight away within 14 days the £70 is discounted to £40. is there a way too find out if this is legal in scotland. please any advice would help us.. ...thx

Hi everyone, newbie here needs some advice, i received fixed penalty from the police for being parked on dyl, i stay in a village actually its two villages that are joined, muirhead and birkhill, on the fixed penalty it says my car was seen in edward pl, birkhill, where it was edward place, muirhead , is this enough to cancel the ticket , thank you in advance, boab.

I am based in Scotland. I broke my Samsung Tablet in a fall and arranged online with an English company - Fone Angels - for its repair. I paid them £200 by PayPal and sent them the item. I was informed the repair would take 7-14 days. This was in December. It's now March 13th. Their customer serve phone line take you through to a recorded message and does not itself record incoming calls. When I try to email them, I receive vague and non-specific information about my item. I wish to raise an action in the small claims court for the return of the item and the funds I have sent them. My question is: do I raise an action in the small claims court of Edinburgh (where I am and where I made the contract) or in Rickmansworth (where this company is based?)

Hi, i got a 'Charge of payment' letter through the door from Walker Love stating that a summary warrant has been granted me and i owe £1421. This was council tax debt from a previous address for 2010,2011, & 2012, this is the first i have had any correspondence regarding this debt from walker love. I was really struggling during this time due to job loss and could barely afford to pay the rent and accrued quite a lot of debt at the time. I was just wondering what is the best course of action, i don't really want to deal with sheriff officers can i still come to an arrangement with the council? Do Walker Love actually have a summary warrant? what realistically will happen next? Any advice would be greatly appreciated, thanks.

http://www.scotcourts.gov.uk/taking-action/small-claims There are some significant differences between England/Wales - Scotland the link above will advise on how to take action in Scotland (Small Claims)

We recieved a letter today from cabot which said they had bought our Sky account. There was also a letter dated the day before from Sky enclosed in the letter saying they had sold it to Cabot. Now im currently dealing with Cabot for 3 other matters and one is in court to which the court has told Cabot to get a grip, they are also very over due with the cca for another account. Anyway, back to the Sky 'debt'. We moved almost 5 years ago (May 2011) but we did cancel the sky package as we weren't going to use them in the new area. Cabot are inviting me to contaft them to discuss the matter and support us in managing the account. Now im al ost 100% sure theat Sky was in my name, yet the Cabot letter is address to the hubby. Its almost like they are trying to get hubby anyway they can. So what is the best plan action inshould take on this.

I'm so ashamed to say I was caught shoplifting a week ago. I have no idea what was going on in my head and it has been killing me ever since. The police were called, they were nice to me under the circumstances. It was a very small amount and my first offence. The could see in was visibly shaken. I didn't take much in other than the details would be sent to the procurator fiscal and I would receive a letter from them. They suggested I speak to my mum, but I explained that would be impossible as we have terrible family issues at the moment and this would kill her. They also suggested I see a doctor, but I am just so ashamed. I'm not making excuses for myself, I am old enough to know better, but will i ever feel normal again? I guess what I'm looking for is some advice on what to expect. I've spoken to 3 separate solicitors over the phone who have told me not to worry but there is nothing I can do until I get the letter from the PF. Has anyone out there been in my situation and could they offer me some advice. Did you manage to put this behind you, did it affect your career and life in general. I just feel hopeless. Any advice at all would be welcome.

Looking for a bit of advice. I was at my local supermarket this morning with my 2 year old, who we have just started potty training. As we entered the car park, he told me he needed a pee. Which, at the moment, means he literally is about to do a pee right now! I therefore parked my car in a total rush, and inadvertently parked in a disabled bay. (I saw the hatched area alongside and wrongly assumed it was a mother and child space). Took him to the toilet in the supermarket, did my shopping, and came out to find a parking ticket on my windscreen. Grrr! It was a genuine error on my part. What I need to know is whether this ticket is actually enforceable. I have read that disabled bays may not be enforceable on private land, but there was very clear signage up stating that these spaces are for blue badge holders only. One of my sons is actually registered disabled (deaf in both ears), but he is too young for a blue badge. I'm not sure whether to appeal on the grounds of the fact that I actually have a disabled child, or whether just to ignore the letters that will no doubt start to arrive in the coming months and hope that nothing more comes of it. We are based in Scotland, and if it makes any difference the parking company is Horizon.

Hi folks, I'm looking for some advice and hope someone can steer me in the right direction. I just received a parking charge notice from Parking Eye for overstaying my time in a local retail park in Scotland (3 hours 28 mins). It has the usual claim for £80 reduced to £48 if I pay within 14 days. There is a picture which is date stamped and clearly shows the vehicle with number plate entering the car park and another date stamped with the vehicle supposedly leaving the car park. I say supposedly because the the picture is totally black except for a depiction of my front number plate in the top right hand corner. This may be due to the fact that at this time of year it gets dark early. Also in the notice there is the explanation of their terms and conditions regarding the 3 hours parking and how I owe them as the creditor for overstaying the 3 hours. They state that as they do not know the driver's name and address I should tell them who was the driver and pass the notice on to them. Can anyone please tell me how to go about dealing with this other than just paying up? I am not trying to dodge any legitimate penalty but as the vehicle was genuinely used for going shopping to that particular retail park for that amount of time I feel slightly aggrieved about being chased for an arbitrary sum of money. Thanks in advance for any advice. hodgsoi

Hi Wondered if anyone would have any advice regarding an old overdraft account that I had back in 2001, I stopped using this account about 2003/2004 as registered with a new bank and completely forgot all about this account. I checked my credit file and had noticed that in 2011 the Bank of Scotland registered 1 default against me for £849 and the default date is registered as 01/03/11 which is nearly 8 years later. Then there was another entry from 1st Credit a DCA the following month for an amount of £850 for the same debt with the default date of 01/03/11. Can they do this ??? this is having a severe effect on me obtaining a loan via the bank that I have been with since 2003/4. I moved address in 2013 and since then 1st Credit have been chasing me advising they bought the Debt from the bank. As this was for an overdraft I'm struggling to find any information on were I stand. Today I sent a request to the bank for a breakdown of the account and a copy of the default notice that was seemly issued but i have never seen!!!!. Any help or pointers on were to obtain some information regarding this would be so gratefully received.... Thanks

We recently received notification of our successful claim for our PPI refund. They have offered us £5600. However we defaulted on the loan due to my husband losing his job and have been on a DMP. Bank of Scotland debt was transferred to Blair Oliver Scott, who I believe are part of Bank of Scotland. So here's my question... Blair Oliver Scott say the outstanding balance on my account is £2850 of the original loan, which will have included the original loan and PPI, so will they pay this off and send me the the remainder of the £5600??? Secondly we had a loan before this one with BOS that was paid in full that also had PPI, can we claim for this one since I don't have any paperwork or account numbers and it was taken out in 1998. Thanks in advance...

Hi, I've received a parking charge notice from ParkingEye for staying too long in a car park. I read another thread from someone who had the same letter and also from Scotland. The thread ended in March when he said he would send a letter to them and update if he heard back. Either he didn't hear back, or forgot to update the thread. My questions: Is this charge enforceable in Scotland? could I be taken to court if I do not pay?

Hi Everyone, First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful. At the moment i am going thru the same level of stress and anxiety. I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached. As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland. I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow. In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now. As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great. ******************************************************** Dear Sir/Madam: I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents: 1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. ****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART**** 2) The Deed of Assignment ****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT***** 3) The Deed of Novation ****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE***** 3) The Notice of Assignment and proof of service of said Assignment Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 4) The Default warning letter 5) Default Notice and proof of service of said Default Notice ****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND***** 6) The Credit Card Agreement as mentioned in your particulars of Claim *****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE******* I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer. ********************************************************************* PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP. Hope to hear from you guys soon Thanks for your reply the documents in pdf

Hi guys! I am not sure this is the correct place for me to post I hope you can help me with the following situation: Our factors' solicitors have unlawfully registered a Notice of Potential Liability against our property in regard to "the outstanding factoring charges" - not only we are up to date with all the payments, we have multiple bank statements to prove it. As owners and occupiers of the property, we never received any notification about the upcoming order and only found out the details after requesting a copy of the deed from the registers of Scotland. In addition to unlawfully imposing the NOPL, they disclosed this false information without our permission to the third party - our former solicitors with whom we have been in a process of dispute for the last year. Moreover, they also explicitly told our former solicitors that it is due to the factoring debts since our move (which there are none). We believe it is a serious breach of data protection act but are not sure how to proceed... Thanks in advance.