I've got to return this (upload) asap, I got it yesterday... could I have some help with reply SPO.pdf

evidence see upload ============= see C4 14. 12. 14 ""intimating"" assignnation --------------------------------------------------- I've uploaded the only letter I've received with the date above ------------------------------------------------------------------------- I will scan and upload the 30 pg document soon portfolio upload... I only received an unnumbered page, pages 2-11, 22,23, 29, and the signed page 29. do you think my post #25 should be used as evidence... it shows credit card statement and transaction report and credit card notes report from TESCO after the date of assignment just another point 2 days before the last court meeting they emailed me (must've got email from the SPF I sent to the sheriff) to offer a 60% discount I did not reply... Also I suffer from a few mental health issues, I'm getting a letter from my doctor stating what I suffer from, will take up to a week to come.. Is there anyway to get the default notice back on the table, as I thought this would still be active as ordered because it wasn't produced. I didn't know I should have pushed for it at last meeting. evidence.pdf portfolio.pdf

thanks for your reply, I received (see upload) I don't seem to have a Copy intimation of Assignment ******************************************* nolans.pdf

this's what I received..... 30 page document; I've uploaded front page, page 1 and the last signed page ================================================================= assignment.pdf

further information ============ relevant rules ========= 9.10 How can a party ask the sheriff to make any other orders? ************************************************************* (1) A party may ask the sheriff to make any other orders by sending an Incidental Orders Application to the other party. (2) That party must at the same time send the court a copy of the Incidental Orders Application with evidence that it was sent to the other party (for example a postal receipt or a copy of an email). (3) If the party who has been sent the Incidental Orders Application objects to the proposed orders, that party must send that Incidental Orders Application to the court within 10 days of it being sent, setting out that objection. (4) After considering the Incidental Orders Application, and any objection that may have been sent, the sheriff may do one of three things: (a) grant the application, and send written orders to the parties, (b) refuse the application, and make no orders, or © order the parties to appear at a discussion in court, where the sheriff will consider whether to make any orders. ------------------------------------------------------------------------------------- 20.6 How can you ask the court to consider other applications about provisional orders? **************************************************************************************** (1) A party may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987a or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002(b) by sending an Incidental Orders Application to the court, the other party and any interested person. (2) An interested person may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and a 1987 c. 18 Part 1A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 169. Attachment (Scotland) Act 2002b by sending an Incidental Orders Application to the court, the parties and any other interested person. (3) When the court receives such an Incidental Orders Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders discussion in court, where the sheriff will consider whether to make any orders. ====================================================== also got a letter this morning from court Re. next hearing...it states... =============================================== *The only disputed issue in this proof is whether the debit has been assigned from Tesco to the claimants* =================================================================== incidental.pdf

Update.. futher on from my 14th Feb. meeting at court, I have now received an Incidental Order Application>>> The Simple procedure Incidental Orders Form --------------------------------------------------------- C1. what orders would you like the court to make? ----------------------------------------------------------- BoxC1. ******************************************************************************************************* 1. To discharge the hearing fixed for 11th march restricting the issue as to whether or not the debt has been properly assigned. 2. To grant Decree against the Respondant together with expenses. ******************************************************************************************************* C2. why should the court make these orders -------------------------------------------------------- the party making the application must set out why the court should make the orders asked for. Box C2. ********************************************************************************* DETAILS TO FOLLOW TONIGHT -------------------------------------------- **********************************************************************************

do you want me to upload the rest of the paperwork I received?

Got a reply from nolans... I will scan the rest of the paperwork in the next day or two.. nolansreply.pdf

Re. my reply to court and claiment.... Question from court....The respondent is ordered to write to the claimiant at least 14 days before the date (14/2/2019) of the case management conference to clarify these issues: * Does the respondent accept that he entered into an agreement with TPF and that he is in default in respect of that agreement? could i have help with the wording for this reply or will I just say yes x 2...

Yes,.........all text that was in the .txt file was copied from the original interactive pdf, but for some reason there was missing text from box d1 when uploaded.

for some reason some text was missing from response form copy... here's is the original with my details missing hopefully this works.... --------------------------- all the text is in box d1 but for some reason when i upload the pdf some text is missing... i have copy and pasted text from d1/d2 and uploaded it as a text file see latest post..... responseform.txt

No....response form ... see attachment --------------------------------------------- sorry didn't mean to upload form unredacted.... fixed...... SPR Respondance Form.pdf

Happy New Year everyone...... Got a Reply from court... see attachments (3) number 3.. orders CMD.pdf

Thank you.... copy to nolans???.. So fill out Blank SPR Respondance Form then photocopy and send recorded delivery to Nolans ASAP?

first of all sorry i have left this so late, I haven't been well lately. I'm intending to hand this in on Thursday name the issuing court: Glasgow Sheriff Court House Who Is The Claimant: Cabot Financial (UK) Ltd Who Are the Solicitors: Nolans Solicitors What type of action? (Simple/Ordinary): Simple What is the claim for – [D1 BOX SPR FORM] 1.On 14/07/2011 the respondent entered Credit Card Agreement with TESCO PERSONAL FINANCE under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974.. THE DATE OF TERMINATION WAS 18/09/2014 The respondent failed to pay as agreed on demand and is in breach of contract with the said TESCO PERSONAL FINANCE. 2.The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 16/11/2016 and the Claimants have advised the Respondent of the same. The last payment was made to account on 24/04/2014. 3.The said sum of £1525.19 is the sum sued for. 4.The Claimants have made frequents requests to the Respondent to make payment to make payment but the Respondent has refused or delayed to do so. type out ALL the text [minus pers details] [D4 BOX SPR FORM] Date of Agreement:- 14/07/2011 Reference Number:- ******* Unpaid balance:- £1525.19 Repayment on demand Date of Formal Service 14/11/2018 Last Date Of Service:- 29/11/2018 Last Date For Response:- 20/12/2018 What Documents are listed in Box E2:[or in your form requesting the same?] 1.No Defence- No evidence required. 2. No statable defence (Rule 4.4 breach)- No evidence required. 3. Defence on Prescription- Copy Statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement- Copy Agreement dated 14/07/2011 N.B. Generic Rule 8 Orders should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumter Rite Acta Esse (Trustees of the Scottish Staff Pension Fund v Pattison & Sim. CISH 96 and Trayner's Latin Maxims. p419. 420) Is the claim for ......an Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt? :- credit card BOX D5 what has the claimant stated: IN FULL The Claimants request that the court order the respondent to pay them the sum of £1525.19 from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After.... Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- assigned to...Cabot Financial (UK) Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? No... I can't remember receiving Notice Did you receive a Default Notice from the original creditor? Can't Remember..... Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. When was you last payment:- 24/04/2014 Why did you cease payments:- 24/04/2014 Was there a dispute with the original creditor that remains unresolved? No.... Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No....