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Cabot/Nolans scottish 1a Summary Claim - Merged HBOS debts **WON Decree absolvitor**


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Cabot only got the debt in 2014...so they really haven't got a clue of any details apart from an account number and amount...the rest is just clutching at straws.

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Their attention to details is shambolic as well - presenting a late payment charge as an actual payment was amateur.

 

oh dear

proof of that mov in date would be rather damning for them and their made up docs..

 

Got everything together now - solicitors letter to me at the first address proving the date I moved into the 2nd one.

 

Should there be anything else I mention tomorrow?

 

Just want to make sure I cover everything.

 

I'm looking to mention.

 

*Incorrect address on t's & c's letter

*Cabot confirming they have nothing on the overdraft piece.

*Late payment from June 2012 presented as an actual payment

*Still no proof of how payments were made which was first asked for in November

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You should have it covered with the above Stoosh...main point is that they have failed to comply with your section 78 request.....its incomplete with false T&Cs..and therefore they remain in default and unable to enforce the agreement pursuent to the CCA1974.

 

But throw in the rest just in case the judge falls for the recon.

 

Oh and best of luck for tomorrow.

 

Regards

 

Andy

We could do with some help from you.

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Afternoon All,

 

So Nolans didn't bother submitting their documents to the court as they told me they intended to & instructed the local agent to seek a continuation for any defence bar statute barred.

 

Judge was very fair although didn't give me the chance to put a few points across - he expressed concern that Nolans only started writing to me towards the end of last year & hadn't provided CCA or submitted the docs they informed the judge they were submitting.

 

So reconvening on May 16th - starting to get concerned about this dragging out & dragging out - may seek legal advise.

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  • 1 month later...

Afternoon All,

 

Just a quick update – haven’t been home yet to see it for myself but another letter arrived from Nolans today, fairly aggressive tone demanding that I send copies of my bank statements from 2011-2012 to prove I never made the £40 payments to Bank of Scotland and how it would be ‘frowned upon’ (they use that phrase twice in the letter) if I didn’t.

 

I don’t have anything to hide in respect of the bank statements, and I don’t see how me producing them on the day actually hinders their case.

 

They’ve also suggested I’ve denied having ever entered a credit agreement and they have again tried to present that the letter upgrading the card is the ‘credit agreement’

 

On the plus side they have removed the overdraft piece from the action.

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std practice from them.

 

that's what they do on 99% of claims

they totally avoid answering anything to do with the legitimacy of their claims under the Consumer credit act

failing to provide the signed agreement

failing to send the default notice

failing to send the Notice of assignment.

 

all which are fatal under the act to any court claim.

 

you don't have to prove you made no payments from your bank accounts.

its for them to prove their case

 

and those little comments are usual for them too, ‘frowned upon’

 

here one someone came to me with a few weeks ago.

 

same rubbish as yours ...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thought as much, for all I don’t have the letter in front of me the tone sounds a bit desperate.

 

 

The sheriff opened things up massively at the last hearing as there hadn’t been any previous discussion be it in court or through their letters about due process being followed relating to the notification of default & their assignation.

Comes across as if they’re flapping.

 

There is nothing on the statements but given their track record & the fact they have at best misrepresented several pieces of documentation I don’t think it’ll be hard for a sheriff to accept why I haven’t sent them the docs before the incidental hearing.

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You don't have to abide by anything the pursuers nor their dogs demand or say

Its all willy waving

 

Only what the sheriff asks or demands of you

They Nolan's have no legal powers to demand a defendant does anything

 

Like to see your letter....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

can we see the old letter they refer too [theirs]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ah could of done with seeing that earlier

its a begging letter too.

 

 

good work!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Had a lot going on this month between this & been rather ill - so any other action I should take about this letter?

 

I actually checked my bank statements - nothing went in or out my account between November 2011 & February 2012 so there's literally nothing on the statements - theres a specific reason for it too

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can I just confirm what you said on page 6+7 of the summary cause response

did you state it was statute barred?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok good

 

their last letter referring to their previous 'without prejudice letter' [that you nor they can refer to in court]

is stating that they want you to prove the debt is not statute barred which is not your problem.

 

they are saying they have record of payment in 10/02/12

 

your position has not changed

letters are willy waving.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Decree absolved granted!!

 

They asked for a dismissal,

judge said it was an attempt to circumvent court process as this would let them raise action again in future...

 

Delighted ...thanks to all who responded and assisted me.

 

Decree absolvitor sorry*

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great result

bloodied nose for nolans..well done.

 

 

more coming soon nolans very soon..

 

 

dx

 

 

 

 

 

 

 

 

 

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Got myself in a tizzy over nothing tbh.

 

They haven't represented themselves once,

failed to submit an IA reducing the amount after writing to me telling me they had

 

- they left the local agent high & dry

 

- the rest of the agents & courtroom absolutely destroyed them..

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Well done guys...excellent result.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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