Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

Bylynsey83
#336193 Hi

I have an impending court date with Nolans Solicitors who are acting on behalf of a company who claim I have an outstanding debt with them (GMac, On:Line Finance).

I have asked for copies of the original credit agreement (requested over 2 weeks ago from Nolans via recorded delivery) and a statement of charges attributed to the amount claimed. To date I have not received this information and the court date is now only days away.

I am still no clearer as to which debt they claim this is for and how they have reached the claimed amount, what can I do here? Surely they are under obligation to provide me with this information. How can I defend myself if I dont know what they are claiming for?

Any help would be most appreciated

Lynseymak


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Thanks
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ByTalbotWoods
#336283 You will have received a notification form the courts, on which you need to fill in a defence, partial defence or acknowledgement of the debt. It is that you must complete, and you defence could be along the lines of

"Despite requests for the documentation to show the existence of this debt, the statement of debt balance and composition of the debt, or even any form of proof that the debt is actually yours (which you dispute) they have failed to respond to this request. This request was made on xxxxx(date) posted by recorded delivery, and signed for by them on xxxx(date), thus demonstrating that they have received the request and have had a reasonable time to respond to it, which they have failed to do"

"Further as the Solicitors have failed to provide the information, failed to prove the debt, and failed to even acknowledge who they are allegedly collecting on behalf of, it is requested that the court stay any judgement, and further it is requests that the court orders the Solicitors to stop harassing and demanding payment for an alleged debt that they have continually failed to prove"

However, we would also suggest that you need to seek advice of a local money advisor
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