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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7360
Experience:  28 years as a practising solicitor.
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I have received a court writ for an old cc debt. I have been

Resolved Question:

I have received a court writ for an old cc debt.
I have been chased for years by varios dca's but never replied to them.
A firm has now gone to court for the full sum of £12000
What should be my initial defence and what documents must they provide to validate the claim as the debt was bought a few years ago.
I have no record of when I made last payment to them so do not want to say the wrong thing and admit debt to new "owner" as it may be statued barred.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

In Scotland a debt becomes time barred if no acknowledgement is made of the debt for five years. So court proceedings raised within that period are in time. Court proceedings raised outwith that period are time barred. So you really have to know when the last payment was as this could be crucial in establishing whether you have a defence or not.

The pursuing party would generally produce the loan document and the payment record on support of their claim.

If you think that five years may have elapsed you should lodge the NID and a defence of time bar forthwith.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Many thanks


What do you mean by NID?


 


It states in their letter that I should have court documents,however to avoid any further expenses should make payment to them as decree will be granted?


 


I have had nothing from court as of today,only the letter from them yesterday.


 


Do you think they are playing games again as they first threatened me 7 months ago but never went to court then,so why now as I am aware many of these debt collectors do not have original paperwork which is needed.

Expert:  JGM replied 1 year ago.
Have you received a document which is entitled Initial Writ. If so that is a writ not a letter. There is a Notice of Intention to Defend attached which you have to fill in, send to court with the court fee and the court will then issue a timetable for the lodging of written defences etc.

This will be what is called an ordinary action as opposed to a small claim or summary action and you would be best to get your solicitor to deal with this unless you are acquainted with the ordinary cause rules of court.

If you make a mistake or breach a time limit they could easily take decree against you.
Customer: replied 1 year ago.


I have received nothing with "initial writ" on it.


The letter is from the solicitors on company headed paper.


It came 2nd class post and reads.


Arrow Global V You


As you have failed to pay out clients account we have today served a Writ upon you by recorded delivery post.


Should you not dispute the debt then you are now liable to pay the sum shown below which includes Judicial expenses and interest.


To avoid decree passing against you please return the slip below with your remittance or failure to do so will result in Sheriff officers etc etc.


Finally we refer you to the court document now served upon you which details your right to make representations to the court and if appropriate pay the debt in instalments.


if you are in doubt contact a solicitor or CAB etc.


 


 

Expert:  JGM replied 1 year ago.
You do not need to reply to that letter, only to the Initial Writ as and when they serve it.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7360
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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