Arrow/Shoosmiths Ordinary Cause Court Claim - Old HSBC Loan Debt

[dx100uk]

use the sb defence as you pleas in law section

 

end with 

the said decree should not be granted as craved but dismissed and an absolitor issued and my costs returned.

 

yes just done on paper

make sure you sign the reverse of the last sheet 

intimated by post to xxxxx date xxxxx

 

can you get to the court and take it in to the clerk and get it checked, you have to go there to pay the fee anyway..

 

[Dog Lover 123]

Thanks dx,

So take out the sb defence info at point 3? And put it in Pleas section? 

Anything else I can add in point 3 instead? 

 

Take out the other 2 pleas I've typed up? And add the one you included?

 

Feel happier that I may now have the correct format. 

Is it the court of session in Edinburgh or Hamilton sheriff court. I can get to Hamilton but not Edinburgh. 

 

I already paid the fee in June via telephone. 

[dx100uk]

which court issued the summons?

 

cant hurt to actually leave the sb defence in 3 and the extra bit as pleas in law section sorry

i'm not firing on all cylinders at present.

[Dog Lover 123]

Hamilton sheriff court issued summons. I'll give the court a call in the morning. 

 

Thanks for all the help, it may seem like an open and shut case but the formalities and terms take a bit of getting used to when you don't know legal speak. 

[dx100uk]

forget being worried.

i've never got used to the strange words scottish courts use 

i've been doing this 10yrs inc 3 myself...not lost yet mind.

and an SB defence is almost guaranteed success as the debt is extinguished , dead gone parrot in scotland after 5yrs

unlike E&W whereby its 6yrs and that simply removes the legal right to enforce any judgement only.

[Dog Lover 123]

Hi -

 

I've just been informed by the in court advisor that the statute barred defence is not a reasonable defence as the date stamp on the writ is November 2020.

 

It is not from the date in which the Sheriff Officer delivered the writ which was in May 2021.

 

It is possible that we can argue that no payment was made from mid 2015 which would give the 5 years + defence.

 

i'm however, struggling to recall when the last payment was made but I expect it was pre November 2015.

[dx100uk]

Do you know the source of your payments?

 

If so go ring that bank and ask

 

dx

[dx100uk]

How did this go?

 

Dx