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The Simple Procedure Notice of Claim

5 replies

messybun101 · 28/06/2021 15:15

I've received a letter from the Sheriff Court with last date for response 14/07
It says I owe almost £2k to a company I don't know

I've spoken to the company who's made the claim, they said they bought the debt from someone else but their solicitor is dealing with it so they don't have the info

So I spoke to the solicitor. She only has a copy of the form I have so we discussed that but she had no info on the original credit or the company
She's sent an email to ask for a copy of the original agreement but isn't sure if they'll have it. And 'if they do get it, it'll maybe come after the last date for response' she says. Then goes on to say that if I don't respond before the date the sheriff will probably take further action and award the claim to them

but how can I respond to something I don't know if I yet admit or not?
I made this point to her that I'd be penalised for something that might rightly need to be disputed but I really don't know what to do if that happens

The debt is a different amount to what would have been taken out because payments had been made for 1.5years before defaulting. That's making it more difficult to understand

I'm on hold to citizens advice (46 mins in and number 15 in queue) I feel so lost!

OP posts:
Comefromaway · 28/06/2021 15:23

Is this Scotland?

In England a letter before claim has to set out the particulars of the claim along with listing any evidence that will be used in court.

A quick google tells me there is a section D that should be filled in giving details of the claim, the background and any evidence. If this is not filled in I would resoins saying you dispute the claim as you have been given no details of what the claim is for.

messybun101 · 28/06/2021 15:37

Oh I'm sorry I never even thought to mention that
Yes, Scotland

So, that solicitor says she can't give me advice on filling out the form, but I am allowed to write whatever response I want
She pushed me towards the understanding that if she can't get ahold of these documents for me to understand the claim by the due date of response that I could make a customised response explaining that I am trying to get the info needed and I am corresponding with their solicitor to do this. She says that warrants enough of a response for her not to take the next legal action of instructing the sheriff to take matters further

I don't want to wait right up to the response date to do this. I'm not sure but online it looks like you only get one shot at replying so I don't think I can keep updating to say I've heard nothing but I feel it is necessary that the court knows I'm not sitting on my backside and I'm trying my best with what little info I have...
I'm pregnant and it's got me so anxious even making these phone calls back and forth

OP posts:
RedHelenB · 28/06/2021 17:09

Have you taken any any loans out? I'm surprised you can't possibly match it to anything. If you know you haven't taken anything out of dispute it.

messybun101 · 28/06/2021 18:30

The reason(s) I can't recall this is I had a Trust Deed a couple of years ago which wasn't completed after losing my job and not finding work within 3 months like the contract expected

So the Trust Deed was stopped in its tracks. I had been paying them for almost two years and they had been distributing the money from my payments to the companies on my behalf
During the time I had it, none of my debtors could contact me, they had to go through my TD company. Some of those finance companies were bought over by other companies, some changed their loan providers (i.e Vauxhall partner finance > Barclays) so I've no idea what belongs to who now and with the amount due being a different amount to the possible original agreement amount I really can't pinpoint it

I was told by the TD company when my contract with them was stopped that the companies will be in touch with me. That it can take longer than 2 years for them to all contact me and I should deal with each as and when they come. Which I've been doing. This one I'm just lost with

I did manage to get through to CA - they're bloody fantastic. I can go back to them at any time. And they're going to help me sort out anyone else I've missed in case it happens again. I'm relieved

OP posts:
RedHelenB · 28/06/2021 18:48

Good news. Hopefully you can get it sorted.

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