Hi,

the bos withdrew my overdraft unexpectedly a few years ago leaving me 1700 in the red.

I've had letters from different companies over the years asking for payment but now I got this notice.

Are they at it or is it time I started paying?

The only reason I haven't so far is because I owed the bank...not a debt collector.

Hello and Welcome, michael1986.

Are you in Scotland ?

Yes

Yes

I've moved this thread to the suitable forum, you should get some help shortly.

Thanks, had trouble finding my way around.

its a court claim - you need to deal with that .

read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Nolans-Cabot-scotland-quot-The-simple-procedure-notice-of-claim-quot-unsure-what-to-do

and comeback here and answer the like questions

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

1.On 28.07.2006 the respondent entered into a current account agreement with Lloyds TSB Bank PLC under which the respondent borrowed from them a sum of money repayable on demand

2.the said agreement was an agreement regulated under the consumer Credit Act 1974

the date of default was 19.05 2014

3.the respondent failed to pay as agreed on demand and as in breach of contract with the said Lloyds TSB Bank PLC

4.the claimants have made frequent requests to the respondent to make the payment of the said some but the respondent has refused or delayed to do so.

5.the said supplier assigned all rights in the said debt to Cabot financial UK Limited on 24. 06 2016 and the claimants have Advised the respondent of the same.

the last payment was made to account on 09.05 2014.

The said £1,700 is the sum sued for .

Last date of service 24 4 17

Last date of response 15 05 17

Documents stated in E2 box: Agreement dated 28.07.06 .

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

When did you enter into the original agreement before or after 2007? Before

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 solicitors

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 managementicon plan? no

thank you

now this gets interesting

a current account is NOT regulated by the consumer credit act...

and they even state in E2 they have a copy of the agreement

this could be fun:lol:

What should I do next?

no rush for the minute

there are two of you with these.

working out the new rules and moves used in this chess match...

sit on your hands both of you

Thanks

http://www.consumeractiongroup.co.uk/forum/showthread.php?476735-The-Simple-Prodedure-Rules-For-Claims-Under-%A35k-in-Scotland-From-Nov-2016

Working thread

which court is this please?

Greenock sheriff

right so not some tiny court hanging off the cliffs like up here.

id be sending the claimant a CCA request then please

Hi...is an overdraft a "77,78 or 79"?

Thanks

none of 'em

but they say

2.the said agreement was an agreement regulated under the consumer credit Act 1974

the date of default was 19.05 2014

Should I delete each of these numbers from the letter?

no just put 77-79

Current accounts are still regulated under the Consumer Credit Act 1974...but they are exempt from certain sections and sections 77-79.

Andy

just to check

when did you last pay or use this account?

Should I reply to the court now too?

09/05/14

Yes we'll be responding by the 15th

You are on my radar

the form is attached..

enter the details you need to in section A

answering A5 by post

B1 tick

C3 tick

in D1 enter the following : [by copy and paste from here]

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advntage of the party.

1.6(10)

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

..i expect the claimants' representative to employ the above.

..........

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

It is admitted with regards to the respondent once having had banking facilities with the original creditor XXXX. It is denied that I am indebted for any alleged balance claimed.

The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court .

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment.

© Provide a breakdown of the excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

in D2 enter:

. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

A CCA request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

..................

my best to date musings

thank to andyorch for various bits fron E&W OD claims

dx

I believe you can also email that to the court putting the case number in the title of the email.

https://www.scotcourts.gov.uk/the-courts/court-locations/greenock-sheriff-court-and-justice-of-the-peace-court

dx