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PRA Group threatening me with Solicitors (Scotland) - Now with added Sheriff's Citation(s)

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  • THX
    THX Posts: 92
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    I've just had another thought.

    Can they serve papers to someone who isn't the individual named?

    My wife just took the package because I think she was a bit flumoxed. She didn't ask for me or say it's for me.

  • MEM62
    MEM62 Posts: 5,741
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    Can they serve papers to someone who isn't the individual named?

    I am not sure that will be a "get out of jail free" card. If it were the individual serving them would not have gven them to your wife.

  • THX
    THX Posts: 92
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    I'm not saying it is but I was in the house so why didn't they ask for me again?

  • RAS
    RAS Posts: 37,065
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    If you are in Scotland most of the posters here don't have the knowledge to help you.

    Please can you go back to the title of your thread and edit it with (Scotland), maybe add Sheriff's caution as well.

    Without that, the people who do know the Scottish system won't respond to you.

    If you've have not made a mistake, you've made nothing
  • ManyWays
    ManyWays Posts: 2,651
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    I am not familiar with a Sherriff's citation. I suggest you talk National Debtline urgently, as if they haven't produced a CCA agreement, you should have a good defence.

    https://nationaldebtline.org/get-information/guides/sheriff-court-action-s/

    Alternatively post a copy of the document here, with your name and address covered up. But really it's better to talk to a Scottish expert eg national Debtline.

  • THX
    THX Posts: 92
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    edited 15 July at 2:49PM

    They initially said the debt couldn't be enforced because they couldn't provide a CCA.

    They did eventually produce a reconstituted CCA and a load of statements.

    With regard to a LBA, would that normally come from PRA or from Brodies? I had threats of solicitors from PRA but the threats of legal consideration and final notice of court action consideration all came from Brodies.

    Then the Sheriff citation was given to my wife yesterday.

  • ManyWays
    ManyWays Posts: 2,651
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    A reconstituted CCA may be perfectly valid unless you can see a problem with it, so you may well have no legal defence.

    In England, there is a need for a formal Letter Before Action as partt of the Pre-Action Protocol for Debt Claims. This does not apply in Scotland.

    I suggest again that you should talk to National Debtline.

  • THX
    THX Posts: 92
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    I will. Thanks.

  • THX
    THX Posts: 92
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    So I'm seeing a fellow at my local Citizens Advice office at 10am tomorrow.

    He's asked me to bring the citation and any other relevent documents.

    I'll take the reconstituted CCA as well. As for the other card that PRA have been bugging me about, I've caved and paid £10 to it to get them off my back a bit. I don't want this situation to happen again.

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