Yuill and Kyle for lowells served 1a claim old LTSB card Debt

[hariboh]

Sent the above 14 days ago by recorded delivery and no reply received, court papers need to be returned within 6 days i have read up what i can find and now i send the documents back to court disputing the case?

 

Thanks in advance

Hari

[hariboh]

just received a letter today from Yuill and Kyle , stating they intending to ask the court to cist the case, to allow time for their clients to investigate matters and contact original creditors Lloyds.

 

Do i just attend court on the stated date as normal?

[maroondevo52]

 

Do i just attend court on the stated date as normal?

 

Give the court a phone, they'll let you know the score.

[hariboh]

Well here was me thinking i wouldnt hear any more ... received a large envelope today with the following letter....

 

Dear Sirs,

 

LOWELL PORTFOLIO I LTD - V - YOU

 

We refer to the above case and enclode herewith a copy of our first Inventory of Productions which we have now lodged at ...... Sheriff Court.

 

Should you have any proposals for settlement we would be pleased to hear from you within 21 days.

 

Should you be in any doubt as to your legal position you should take independent advice from a Solicitor of Citizens Advice Bureau.

 

Yours Faithfully

For Yuill & Kyle

 

 

Inside the envelope contains the above letter and statements from January 2008-10th January 2010 (no CCA)

 

Last payment made on account was 8th July 2009??

[blueda]

From what I have read in your thread, these debts are well past 5 years and if you have not payed or acknowleged them in all this time, then in Scotland the debts no longer exist.

[hariboh]

Thanks for the reply Blueda...

 

Im just not sure because they started proceedings to take me to small claims court just before the 5 years and the case was put on hold until Yuill & Kyle could investigate the lack of CCA that was requested so i wondered if that would stop the Statute barred coming into effect?

[oleg]

S B clock stops when court claim is issued. Restarts only if / when the pursuers discontinue or case dismissed.

[hariboh]

Yeah thats what i suspected Oleg, do you know how long pursuers get to continue the case? been since April last year since i attended court?

[oleg]

4eva n eva

[blueda]

Thanks for the reply Blueda...

 

Im just not sure because they started proceedings to take me to small claims court just before the 5 years and the case was put on hold until Yuill & Kyle could investigate the lack of CCA that was requested so i wondered if that would stop the Statute barred coming into effect?

I take it that Yuill and Kyle have never provided a valid CCA copy, and have you been in court or been represented there ?.

[hariboh]

No i requested a CCA in 2009 from TSB and then again in 2014 from Yuill & Kyle prior to the court date, Yuill & Kyle said they would cist the court case ....however i showed up in the day and so did their solicitor so i guess they were hoping i would be no-show on account of the case being put on hold.

[blueda]

Hi Hariboh, I have read through all the posts on this thread and that you sent them a letter that Ida in Fife supplied the template on 25 February 2014, and that Yuill and Kyle relpied on 26 March that they had wrote to Lloyds, probably asking for CCA, I take it no CCA was ever sent to you ?.

[hariboh]

Hi, No i have never received anything from them except the credit cards statements that i received the other day

[blueda]

Sounds to me that they don't have a case against you hariboh.