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. #81
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    so the OC defaulted before sale as they should do.
    cabot name replaced theirs on the Credit file
    so cabot cant deny the existence of a default notice
    and cant 'speculate' through their useless nolans about why it was registered

    you can play this 2 way
    plead ignorance about ever seeing your credit file till advised to view it, finding the default.


    or go whole hog and explain the above andhow confused you are with nolans statement.

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  2. #82
    Basic Account Holder Gerald1990 Novitiate



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

    i think pleading ignorant sounds the best way, just because it is on my report doesnt mean i was notified as i should have been?


  3. #83
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    good

    was this attachment yours
    very good

    Attached Files
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  4. #84
    Basic Account Holder Gerald1990 Novitiate



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

    yes just copied from that thread you linked me too, even nolans were impressed when the judge showed them lol


  5. #85
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    that's the way to go.

    right you cant deny knowledge as this was recorded delivery [when]
    so ring the clerk and check if you can file by email [ask for the email to use]
    and we'll get something ready tonight
    to file

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  6. #86
    Basic Account Holder Gerald1990 Novitiate



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

    i think it must of been the 12th october it was received. thats great dx thanks, im sure email will be fine they have received everything ive sent before.


  7. #87
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    ok
    this will be a late one as i'm tied up till well past midnight
    but the basics are already here
    just pull apart that document they've produced to try and gain a default degree.

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  8. #88
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    working.......

    need the date of the 1st sheriffs written order please

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  9. #89
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    response:

    using the original form 9g from the claimant:

    enter your details in D1.

    D2 tick NO box

    D3.
    enter 'see attached'

    attachment

    D3 incidental order

    Cabot Financial {uk} Limited V [yourself]

    Court Ref :

    i contest the claimants' representative attached responses labelled C1 on the Form 9g dated 11/10/2017.

    1.the Respondent has never admitted in court entering into said agreement.

    At the last hearing i stated that:
    I have had financial dealings with JD Williams in the past
    I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my s77 CCA Requesticon for further information.

    The claimant through their representative Nolans have now produced a generic agreement and a set of terms and conditions from the relevant time period.
    These contain areas whereby my details are type written.
    None contain my signature.
    This does not meet the enforceability requirements of the consumer crediticon Act.
    The claimant has failed to indicated their source.
    The Internet holds many downloadable examples of such 'blank' documents.

    2. In May 2017 of his 1st Order, the sheriff note 2. stated
    'Section 87[1] of the consumer credit act 1974 provides that service of a default notice on the debtor in accordance with section 88 is necessary before the creditor or owner can be entitled, by reason of any breach by the debtor or hirer of a regulated agreement -
    [a] to terminate the agreement or
    [b] to demand earlier payment of any sum or
    [c] to recover possession of any goods or land or
    [d] to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred or
    [e] to enforce any security.'

    As with my response to the claimants smoke and mirrors over the agreement at the last hearing with regard to Rankine and McGuffick,
    i have taken advise from the same source regarding the need for the issuance of a default notice before enforcement.

    My credit reference file.. states a default notice WAS issued on 02/06/2016 now under Cabots name.
    This is from before the date of assignation to cabot detailed in their own disclosures.

    Default notices and litigation under the Consumer Credit Act July 2010 states:
    For a creditor to enforce a credit agreement against the debtor,
    he must serve the latter with a default notice,
    this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

    The Claimants' representative appears to be introducing more smoke and mirrors to confuse the need and production of said default notice before any enforcement can begin, preferring to relying more upon a list of transactional history to prove it's point.

    If the Claimant did receive the agreement from JD Williams, why have they still failed to produce a copy of the default notice.

    In summary:

    The claimant has failed in most parts to satisfy both the sheriffs' 1st order of May 2017 and his 2nd order of july 2017 and the respondent requests the sheriff exercise his right under rule 1.8[11] and dismiss the case.

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  10. #90
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    updated the above.
    dx

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  11. #91
    Basic Account Holder Gerald1990 Novitiate



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

    Very well put dx, I am very grateful for the time and effort. Thank you.


  12. #92
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    Just one slight amendmenticon ....

    Default notices and litigation under the consumer crediticon Act July 2010 states:

    Should be pursuant to CCA1974

    Andy

    We could do with some help from you

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  13. #93
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt


    thanks andy
    not too bad for 4am then....

    this notice must be served in accordance with section 88 of the consumer crediticon Act 1974 (CCA).

    replaced with

    Should be pursuant to CCA1974

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  14. #94
    Basic Account Holder Gerald1990 Novitiate



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

    well they are still trying to put up a fight!

    i have got a week or so to reply to a new incidental orders application,
    again i would be really grateful for any help with this.
    no hurry this time!

    page 1 and 2 reply to the first incidental application by the sheriff saying that he will postpone and provide notes.

    pages 3 through 12 are the fifth written orders
    - the sheriff just running through what happened at court back in September and his opinion on what happens next
    he says nolans should request a hearing if they want one.

    pages 13 through 16 a new incidental application form,
    nolans requesting a hearing but not before receiving the documents i have sent to court
    (my reply to the last incidental application which never said i had to send them a copy)

    cheers

    Attachments Pending Approval

  15. #95
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    urm they always hark on about the respondant must tell the judge if he did or didn't sign an agreement.
    they've done that in 3 that I've been involved with now.
    each time they lost hand down.

    the fact that they cant produce the signed agreement. but only a mere 'lookalike' , sort of answers that question for themselves.!!

    what relevance the respondent admitting or not they did sign an agreement is immaterial.
    so if the respondent says yes...then its ok that they cant produce it ...haha sheriff look the prat just admitted he did sign an agreement...are we being stupid here nolans or are you?

    don't raise a speculative claim cabot/nolans clearly stating on it that you HOLD the signed agreement when in all truth you DONT!!

    so who's really lying to the sheriff???

    more soon

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  16. #96
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    you keep removing dates on docs within scans
    you don't need too
    what date is on nolans IA please

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  17. #97
    Basic Account Holder Gerald1990 Novitiate



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

    13th november for IA , dx i have also sent you a pm can you read it please. cheers


  18. #98
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    Default Re: Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt

    p'haps andyorch will pop in and read the last few pages of that uploadicon [its now hidden]
    and comment on the claimants lastest wrigglings that they don't need to produce a default notice...

    but eitherway you need to file a costs order as well as anything andy points out you need to say if anything

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