Capquest/Shoos SPR Claim - old Shop Direct ISME CAT debt - poss SBd

[dx100uk]

I doubt you'll be going anywhere near a court

[dx100uk]

and?

[Scottymilotty]

Hi dx

 

Sorry it's taken so long to reply,

i've literally just heard something today by email.

 

I think they may have sent a letter to my old address for some reason as it's shown on the information i've received today.

 

Copied in what i've received below,

dated the 11th of January as well which is ridiculous considering it's almost a month back.

 

What's your thoughts?

 

The respondent has indicated to the court that this claim will be disputed.

 

The sheriff has considered the Claim Form and the Response Form and has given the following orders:

 

– Settlement and negotiation

The claimant and the respondent are encouraged to contact each other to seek to settle the case or to narrow the issues in dispute, before the case management discussion.

 

If the case is settled before the case management discussion then the parties must contact the court immediately.

 

Case management discussion

The sheriff would like to discuss this case with both parties before ordering a formal court hearing.

 

Both parties are therefore ordered to attend a case management discussion in the sheriff court.

 

The purpose of a case management discussion is to allow the sheriff to discuss the claim and response with both parties and to clarify any concerns which the sheriff has.

 

At the case management discussion,

the sheriff will also discuss with both parties their attitudes to negotiation and alternative dispute resolution.

 

At the case management discussion,

the sheriff will give both parties orders in person arranging a hearing at which the case will be considered and their dispute resolved.

 

The sheriff may make a decision at a case management discussion.

 

Clarification

The claimant is to address the respondent's time bar claim.

 

Date Both parties are ordered to attend a case management discussion at Dundee, Sheriff Court House, 6 West Bell Street, Dundee, DD1 9AD on 21 February 2018 at 10:00.

 

Both parties should arrive in good time at the sheriff court building.

 

At the case management discussion,

the sheriff expects both parties to be prepared to discuss the case and to have an open and constructive attitude to the possibility of negotiation or alternative dispute resolution.

[dx100uk]

Scan it up please to PDF

Read upload

 

Why was it sent to an old address?

 

Was the SPR claim sent there too?

[Scottymilotty]

Morning

 

I will need to attempt to upload the PDF at some point today, i'll do it asap.

 

Also, I'm not 100% sure why it was sent to my old address or if it definitely was.

 

The SPR claim was hand delivered by a sheriff's officer to my current address so that was fine.

 

I assume that this information was sent to my old address as i haven't received anything and it's dated the 11th of January.

 

Capquest still showed my old address on their information as that's where i was living at the time a few years back.

[dx100uk]

what address for you is on the SPR forms [other than hand written ones?]

[Scottymilotty]

Hi dx

 

I'll need to double check re the address when i get home. I've uploaded the pdf just now, hopefully that's ok. I'll get back to you later this evening, although from memory i think it probably has my old address on it.

Simple Procedure Form.pdf

[Scottymilotty]

Hi dx

 

I've double checked the initial paperwork i'd received. The initial page with the simple procedure notice claim has my name and current address saying i have been formally served etc.

 

Any other pages/information refer to my old address as though Capquest are sending anything there.

[dx100uk]

well when you get 5 mins

just ring the sheriffs clerk up and ensure they have the correct address

i'm hoping the claimant wont pull a fast one and file docs countering the SB claim to the old address thus delaying you getting them.

 

I doubt they'll do anything TBH.

 

its 2 weeks to go some time is getting tight for them to supply their stuff and give you time to digest it

they cant just turn up on the day with it

nor within 7 days of the hearing mail it to you.

 

I notice the sheriff has used a generic form and failed to give the claimant a deadline to cough up.

so if they do last, he might let them wriggle another hearing out of him.

[Scottymilotty]

Morning

 

i think the questions re my address was answered last night.

 

I had something to pick up from my local royal mail depot as i was out through the day, which turned out to be a letter that needed signed for. It was from the Sheriff's clerk and was exactly the same as the PDF i'd popped in here.

 

It looks like Capquest do have my old address and is possible they may send anything to that. Not sure how that affects me?

 

Should I just hold off for now and if I don't hear anything attend the hearing?

[dx100uk]

as longa the court has your correct address that's capquests problem

[Scottymilotty]

Just sit tight and attend on the day in that case? Is it possible i'll hear something beforehand?

[dx100uk]

i doubt it

shoos are as inept as nolans

[Scottymilotty]

Morning dx

 

The day edges closer and i haven't heard any further and i'm feeling a bit nervous about it.

 

Not sure what to expect or what i should be saying/doing. Any advice?

 

Thanks

[dx100uk]

dont go having little chats with anyone esp shoos beforehand

so no thankyou and walk away

 

let the sheriff lead

 

go read some of the dismissed claims in this forum

one gives a very good account of what actually happens

i

[Scottymilotty]

Ok thanks, I'll have a look around and read everything possible.

 

Should I take anything with me in regards to dates or anything along those lines?

[dx100uk]

nope its just a case management hearing.

 

its upto the claimant to disprove your SB claim

not for you to prove it is SB

and they've failed to do that

[Scottymilotty]

Thanks dx, that's reassuring.

 

Still a bit worried though, i called them on my lunch and everything is still going ahead. I'm worried about what questions they might ask and how i should answer. I can only be honest and explain my circumstances at the time, if it comes to that, although unsure if that makes any difference at all because I believe that it's SB'd anyway.

 

I just hope that it is and i've not overlooked something. Maybe i'm just overthinking everything.

 

Also, i'm looking through other cases although couldn't find one exactly like mines in terms of these circumstances. I'll keep looking.

[dx100uk]

called who?

what are you panicking about

[Scottymilotty]

I called the Sheriff's office just to double check that it was still going ahead.

 

I'm just worried about walking into things not really knowing what's going to happen, what they might ask etc. And of course the outcome.

[dx100uk]

its statute barred

 

nothing to worry about.

 

what can they ask?

[Scottymilotty]

I suppose i'm just worried that i've missed something and they come up with something that proves me wrong. Although I'm very confident overall, it's just the doubt creeping in closer to the day.

 

Also, i'm just a bit concerned about them asking why i didn't pay etc.

 

I'm embarrassed by that to be honest, however it shouldn't matter as it is statue barred.

 

Hopefully tomorrow evening I'll just have been worrying about nothing.

[dx100uk]

It doesn't matter why you didn't pay regardless to it being SB,d

None of the courts business

[Scottymilotty]

Morning dx

 

Not long back from the hearing and there's another one set for 4 weeks time.

 

They had requested 6 weeks to receive some documents or something along those lines and asked for a further case management discussion. The sheriff said 6 weeks was to long and said they would have 4.

 

I agreed to it and said that's fine when asked, although wish i was a bit braver and asked for a dismissal, however I'm unsure how that would have went. Will be interesting to see what crap they come up with next anyway.

[dx100uk]

well you should have

now you know what its like so should be more confident next hearing.