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scottish Citation received on a cyldesdale loan with various numbers


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Based in Scotland and took a bank loan out in Dec 2001

 

Hit difficulties in 2007 where upon entered into a reduced payment direct with the bank

 

Was made redundant in 2008

 

Around the same time i also complained of mis selling against the PPI element of the loan which was upheld in 2008 and refunded

 

In 2008 the bank sent communications detailing the original loan closed and a new & different credit agreement to cover the new figure which was duly signed and returned

 

In 2011 they sent more letters claiming that this previous agreement may have been set up incorrectly and enclosed another agreement - which was not returned

 

During all this still receiving default letters & statements etc with the wrong account and outstanding balance

 

Have refrained for various reasons to commit to payments to this loan and have had not paid towards it since 2008

but now facing redundancy again (same with a few other debts)

 

Sent a CCA request again recently (not receievd anything back yet)

but a week later have received a citation from Sheriff Court detailing the wrong figure and (in my eyes) the incorrect loan agreement number

 

In two minds whether to defend this action (and its possible implications - either financially, time & stress)

or go for damage limitation and request time to pay with token payment

 

Is this an open and shut case where by the original account number and wrong figure is being incorrectly detailed on the citation sent to me

 

Will the court allow this technicality to be ignored and get bullied by the bank

 

If the inconsistancies help my case would there be a specific way to deal or highlight this to court without a solicitor acting on my behalf

 

Would i be too cynical in assuming that the bank have some loophole to their benefit

 

I appreciate that the majority of my issues may have been covered with other posts / topics

but would be obliged if anybody could shed any light or pass on any advice or possible solutions to my specific issue

 

Cheers for reading and thanks in advance

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good evening

 

firstly please name the bank

 

and WHO has taken you to court.

 

get a CCA request off to them ASAP by RD in the morning

 

it might well be an idea to SAR the original creditor too to get all the statements/agreements

 

on a side note

 

a bank should not have forced you into signing any new agreement

after a PPI reclaim.

 

they should simply be re arranging the old agreement.

 

does this or any of the numbers SHOW on your CRA file?

 

see below

 

WHEN exactly was you last payment toward this debt in whatever number guise

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do you have any idea how the original replacement agreement might not have conformed and the reason they would send you a further agreement (the unsigned one) ?

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"Have refrained for various reasons to commit to payments to this loan and have had not paid towards it since 2008" when was the last payment / written acknowledgement of this debt?

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Bank is Clydesdale and afraid they have never explained or provided further info on why the replacement new agreement was deemed as incorrect.

The last payment to this debt was April 2008

Since then the only other communications from myself was a complaint over the incorrect figure etc in May 09 and my recent cca request

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