Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Gerald1990 Novitiate



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    Thumbs up Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    Hi guys
    im hoping for some advice on what to do with this debt,

    i had no idea they would take me to court for it and am panicking a bit now,
    i have looked around the site but cant really find specific advice,
    so apologies if i havent looked hard enough and i appreciate any help you can give,
    cheers neil.

    What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

    on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand.

    the said agreement was an agreement regulated under the consumer crediticon act 1974.
    the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED.

    the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same

    the last payment was made to account on 07/09/2015

    the said sum of 1029 is the sum sued for.

    the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so.


    What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small?

    Is the claim for a current or credit/loan account or mobile phone account? catalogue

    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. debt purchaser cabot/nolans soliciters

    Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

    Did you receive a Default Notice from the original creditor? most likely

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

    Why did you cease payments:- financial difficulty

    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 planicon? no


  2. #2
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    sit tight for now
    don't do anything like send letters or ans phone or ring anyone

    i'll be around later.

    whats your return date
    and hearing date please

    read the first few threads here
    http://www.consumeractiongroup.co.uk...hp?71-Scotland

    to get an idea

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  3. #3
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    thank you for the reply dx100uk

    i have got 2 dates on the simple procedure timetable
    19/04/17 the date they had to serve me the papers and
    10/05/17 is the date i have to send the court and the claimant the response form, cheers,


  4. #4
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    firstly can I check the form was served person to person by a sheriff's officer?

    and you have a copy of the attached reponse form

    as this is the first time we've dealt with The simple procedure notice of claim
    it would be helpful
    if you can scan up TO ONE MULTIPAGE PDFicon
    the claimformicon in total but redact it please

    follow the uploadicon<clickme guide.





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  5. #5
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    hi, i received it by signed for royal mail, yes i have received the response form, thank you.

    hope i have done this right, here is the claim formicon i received attached, cheers

    Attached Files

  6. #6
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    i'll review what we need to do over the next few days
    as this is a new method for scotland

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  7. #7
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    Thank you dx100uk I really appreciate it


  8. #8
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    is this buy now pay late items....

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  9. #9
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    It was buy now and it got added to the next months statement where I think 1 12th of the balance was the minimum payment,

    it wasn't buy now pay 6 months later or anything like that.

    I think some charges must of been added to the final figure.


  10. #10
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    Gerald can you fill out or new Scottish claims Q&A please
    post 2 here
    http://www.consumeractiongroup.co.uk...92#post5001692

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  11. #11
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    Who Is The Claimant: cabot financial uk limited

    Who Are the Solicitors: simon nolan/nolans solicitors

    What type of action? (simple/Ordinary): simple

    What is the claim for –
    [type out ALL the text [minus pers details] from box D1
    which FOLLOWS the words: [substantial connection with Scotland]

    on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand.

    the said agreement was an agreement regulated under the consumer crediticon act 1974.
    the respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED.

    the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondent of the same

    the last payment was made to account on 07/09/2015

    the said sum of 1029 is the sum sued for.

    the claimants have made frequent requests to the respondent to make payments of the said sum but the respondent has refused or delayed to do so.


    NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

    Last Date Of Service:-19/04/17

    Last Date For Response:- 10/05/17

    What Documents are listed in Box E2: 1. Agreement dated 31/03/2015

    Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? catalouge debt

    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. debt purchaser

    Were you aware the account had been assigned – did you receive a Notice of Assignment? most likely

    Did you receive a Default Notice from the original creditor? most likely

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

    When was you last payment:-07/09/2015 (according to claim formicon)

    Why did you cease payments:- financial difficulty

    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 managementicon planicon?no

    thanks again

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  12. #12
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

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  13. #13
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    do you think it would be worth writing to them asking if they have the credit agreement etc? or maybe just ask for proof in the response form? cheers.


  14. #14
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    working on it Gerald

    typically in the old scheme [1a claims that are here already] no we don't or I don't anyway
    you put them to strict proof in the response form.

    this chess match might be different but we've until the 10th may yet.

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  15. #15
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    this week I've been involved in 2 1a small claimsicon cases whereby the sheriff concerned was not really that interested in what paperwork the claimant had provided
    they'd sent the signed agreement page and all the statements in one credit card case.
    the sheriff asked was that the respondents signature on the agreement
    and as there were numerous payments made
    thought that outweighed the fact that the pursuer had not supplied a default notice nor a notice of assignment.
    [this is covered Under Scottish Law equivalent of property act - The Transmission of Moveable Property Act 1862]


    another was a cat debt, but basically the same hung on pages of payments whereby therewas no DN nor NOA provided.


    its worthy to note
    these were 1a claims not SPR and they were both in little far north courts not city courts like your one


    so...


    i'd recommend getting a CCA Requesticon running to the claimant

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  16. #16
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    ok thanks dx100uk ill get it sent off today


  17. #17
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    CCA Requesticon sent to cabot but i doubt i will get a reply back from them before i have to send the response form back for the 10th may should i just put on the response form that cca has been requested? cheers.


  18. #18
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    we will yes amongst other things
    one being they shouldnt state they hold documents when they cant produce them...

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  19. #19
    Basic Account Holder Gerald1990 Novitiate



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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    hi

    Im thinking ill probably have to get it sent of tomorrow to make sure it arrives at court for the 10th,
    it says i have to send the response form to the court and a copy to the pursuer yet they only provide one copy of the response form!


    do you think i would be ok sending the court one 1st class recorded and the one to cabot as regular mail with proof of postage?

    I have just checked the tracking number for the letter i sent on the 30th of april and it says
    "good news your item is progressing through our network Proof of delivery
    This has not come through yet.


    Please check later." so i am unsure if they have actually receievd the CCA Requesticon


  20. #20
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    good doesn't matter they've not received it.
    you don't actually want them to respond if yo think about it


    are you not local to the court then to take it in personally?
    dx

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