I received ANOTHER Ordinary cause action yesterday. ( am in the middle of defending an Ordinary cause from Y+K already)

This time from Nolans, on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now) who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc...

I'll be defending this one too, in the same way, but quick question - it is nearly 5 years since I had dealings with Citi, and Nolans states in their letter/writ that ALL correspondence must go thru them. I will need to SAR and CCA for this card, and I know that the SAR usually goes to the initial lender, but in this case, as they seemed so insistent that all correspondence go thru them, should I just SAR Nolans??

DSAR goes to the OC Stress...anything in connection with the claim ...Nolans.

cheers Andy. Thought so... wasn't sure how it worked with citi having transferred the accounts to Opus, but will send to Citi and see what happens.

I have an old debt

- it has been statute barred for a couple of years now.

OC was Citi, I think, but they doubled my interest rate overnight, even though I was paying faithfully every month, so I decided to stop paying and challenge validity of the contract. They are now referring to it is 'Opus', and not 'Citi' but I was never informed about a change of name or reassignment of the debt.

Cabot started sending letters

- first letter stated I had pad £0.24p and it was now time for me to start paying the rest. 

They are also calling me on my mobile

- a number they never had,

as I've never had calls from them on this before

- I changed my number to avoid their calls.

They are also texting. - stating things like 'it has been 14 days and you haven't been in touch' - it was only a few days.

When they first called me I answered,

from the car,

and acknowledged who I was

- not thinking I needed to be on my guard,

as they should not have had my number,

and they've been calling and writing since

- been about 2 months now.  S

trangely, it seems that now every single call ALWAYS goes direct to voicemail

- with their usual recorded message.

Now they are threatening to send a doorstep collector.

I don't mind this

- I'll knock him on his back,

after pointing out the error of his ways,

with respect to The Prescription and Limitation (Scotland) Act 1973...

But, I was wondering if I should just let them crack on and waste their time and money,

or if I should just head them off at the pass by sending the statute barred letter...?

Or whether I should send a SAR to find out how they got my number...?

Any advice would be greatly received - many thanks in advance.

is this the same card they tried the ordinary cause on?

without going thru tons of paperwork and stuff, I am not sure, to be honest. But I don't think so.

Does that make the outcome/course of action different?

yes

dx

may I ask what? Surely a statute barred debt is a statute barred debt, no?

or is it down to how I should play it with them?

yes it could get interesting

can you findout please

I'll have to dig out the paperwork - will take some time, but should be able to find it...

nothing bad for me? 
 

DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.
 

Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party

As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016.

What should I do with them now?

send cabot a copy of the absolvitor

remind them that should you hear from them again

you will have no hesitation in contacting the sheriffs clerk and raising a costs order without further notification.

DX - quick update and question...

Still waiting for the lawyer to get me stuff from his archives to send to Cabot.

They are still calling, writing, texting, and now, I guess having trawled social media, have called on my business line - a freephone number, no less... Are they allowed to contact people through their place of work?

I know the simplest thing is to just send them the absolvitor stuff, and head them off at the pass, but they've really annoyed me now.

Is there anything else I can do that would shut them up a bit?

Should I send a SAR letter, or FOI request, to find out what info they have on me and where they obtained this info?

please don't swear..

you should be able to download the result of the case from the court website.

ideally they shouldn't no be contacting work numbers but i'd suggest you are a sole trader?

there is no harm at all in talking to them, go thru the security questions , take them for a ride it will only take 5 mins.

let them read the notes on the case, i'e ...have you got my notes regarding my debt in front of you?

can you see there was a court case?

what was the outcome?

the penny will drop soon enough.

once the operator has found that.

ask for FURTHER ENTRY TO BE MADE FOR YOU...

that should you hear again from cabot by any method , you will immediately be informing sheriff xxx of court xxx to repone the case and seek financial conpensation for harassment against cabot. am I making myself clear.

don't swear keep your cool

let them trip themselves up.