You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017**

[citizenB]

as from nov 2016 the Scottish system changed...DX

 

As the process for those is different to the rest of the UK

 

There are 2 types of actions in Scotland:

 

SIMPLE PROCEDURE- up to £5000

simple and relatively easy to complete yourself.

 

Ordinary Cause Action for over £5000

http://www.scotcourts.gov.uk/taking-...ordinary-cause

 

Ordinary Actions can be more complicated and can also be completed yourself as long as you TAKE the time to research and be able to respond to effectively however you may wish to seek legal advice, especially for Ordinary Cause, on these if you are unsure.

 

All the details on what is required is available at http://www.scotcourts.gov.uk.

 

NOW READ from POST 2 BELOW

and copy the questions post to your thread and answer them please

[Andyorch]

Copy and paste this post to your OWN THREAD:

Answer the following questions using the details from the court claimform:

 

name the issuing court:

 

Who Is The Claimant:

 

Who Are the Solicitors:

 

What type of action? (Simple/Ordinary):

 

What is the claim for –

[type out ALL the text [minus pers details] [D1 BOX SPR FORM]

or if Ordinary Cause

look for the words which FOLLOWS [substantial connection with Scotland]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

date of raised claim [or court stamp date from writ or date from ] :-

 

Last Date Of Service [look on form 07]:-

 

Last Date For Response [look on form 07]:-

 

What Documents are listed in Box E2:[or in your form requesting the same?]

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :-

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – 
Reference Number: – is this the original creditors account number? (y/n)

how many digits does it have?
Unpaid balance: - 

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

…..

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007?

 

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.:-

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

When was you last payment:-

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

What you need to do now.

 

Copy and past the above on your own thread with your own answers attached.