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Update- Simple Procedure Notice of Claim Form 6a (Scotland) Help please

agentblackcat
agentblackcat Posts: 73
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edited 28 July at 2:23PM in Debt-free wannabe

Hi Everyone,

Not been around for a bit, but today I have come home to a Simple Procedure Notice of Claim (Form 6a). We are in Scotland.

Original debt is to MBNA - £2591.47, it was bought by PRA group and Brodies is the solicitor dealing with the debt.

I have requested the CCA from PRA group, first letter they ignored, second one they acknowledged on 10th June 2026 and said the would contact me with an update soon, and I have never heard anything again from them. We have not as yet made any payment to the debt.

Brodies the solicitor dealing with the debt told us via email that they have been contacted by their client to place a hold on the account on 8th June 2026, and we were not to do anything until we hear from their client (PRA group). We have no correspondence since this date from either party. Until today when we receive the Form 6a Simple procedure notice of claim.

I don't know what I should do next. I have emailed Brodies to aske why I have received no information until now? But what do I do with the court forms. Based in Scotland and I know everything is different here, but can anyone help, or signpost me for help.

Thanks

Debts Jan 2024 : £105000!!eek!!
Debts Sept 2024 : £81000
Debts Oct 2024: £73600
Debts July 2026: £30000


Comments

  • sourcrates
    sourcrates Posts: 33,006
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    Scottish law is very different to the rest of the UK, may I suggest you carefully read the forms they have sent you, and complete them accordingly, if you need help with that, then a phone call to National Debtline (Scotland) should be of some help.

    This is the link, check to make sure you are on the Scottish advice page:

    Money Worries – Get Help with Money Problems Today | National Debtline

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • agentblackcat
    agentblackcat Posts: 73
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    Thanks Sourcrates.

    I would assume without receiving the information I asked for...and having an email confirming a hold on my account would be good evidence for this to be dismissed. I have emailed the solicitor and will wait their response, and I will also seek further advice too. Thanks

    Debts Jan 2024 : £105000!!eek!!
    Debts Sept 2024 : £81000
    Debts Oct 2024: £73600
    Debts July 2026: £30000


  • ManyWays
    ManyWays Posts: 2,643
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    In England, emailing the solicitor would be a disastrous strategy as it is very likely you would end up with a CCJ by default if you do not submit a defence. You cannot afford to wait for the solicitors reply, it may never come until it is too late to submit a defence.

    No one here has enough experience of Scottish court cases to advise you. Call National Debtline tomorrow on 0808 808 4000 as @sourcrates suggested, or go to your local Citizens Advice fast.





  • sourcrates
    sourcrates Posts: 33,006
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    Once a claim form has been issued, I`m guessing as in the rest of the UK, you will be on a time clock to complete and return the defence form or face the prospect of a decree in default.

    You don`t have time to be emailing solicitors or looking for any help from the claimant's side, you can`t afford to wait for them to respond when you are on the clock yourself.

    National debtline is your best bet if you are unsure how to proceed.

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • agentblackcat
    agentblackcat Posts: 73
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    Thanks for the advice. I will contact debt helpline for Scotland tomorrow.

    I am aware I will need to submit a defence etc within the deadline.

    Debts Jan 2024 : £105000!!eek!!
    Debts Sept 2024 : £81000
    Debts Oct 2024: £73600
    Debts July 2026: £30000


  • RAS
    RAS Posts: 37,062
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    I think this is the third time recently that someone in Scotland has reported a CCA query and then a simple procedure letter? Maybe hoping that the recipients don't respond?

    Maybe a pattern developing? Please come back and report.

    If you've have not made a mistake, you've made nothing
  • agentblackcat
    agentblackcat Posts: 73
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    Thanks RAS.

    Yes that's suppose my query really. I am assuming in English law that when a CCA request has been made and not produced and a solicitor email has confirmed a hold on the account, this would be a legal defence. I have no issue paying towards the debt as it's owed, however was asking for the paperwork. I will like other posters take advice on what I should do next as this is different as it's Scots law, and will submit my evidence and side to court.

    I will definitely update though.

    Debts Jan 2024 : £105000!!eek!!
    Debts Sept 2024 : £81000
    Debts Oct 2024: £73600
    Debts July 2026: £30000


  • agentblackcat
    agentblackcat Posts: 73
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    Hi

    Update, received an update today from solicitor. They are dismissing the court action due to their miscommunication. They had said my account was on hold but it had not been actioned. Account is now on hold until I receive the CCA I requested.

    Debts Jan 2024 : £105000!!eek!!
    Debts Sept 2024 : £81000
    Debts Oct 2024: £73600
    Debts July 2026: £30000


  • RAS
    RAS Posts: 37,062
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    Brilliant. Possibly realised that pursuing the debt without supporting documents wouldn't look good in court.

    Make absolutely sure you keep multiple copies of their latest communication, on different media. You may need it again sometime over the next 5 years.

    If you've have not made a mistake, you've made nothing
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