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    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Cabot/Nolans Ordinary Cause Claim - Halifax Card - statute barred - ***Claim Dismissed***


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Hi,

 

I received an Ordinary cause Claim a few weeks ago.

I've been to court to hand in my Notice of Intention to Defend.

I've now got to put my Defence in .

 

Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes.

 

Any help or advice would be appreciated.

 

Who Is The Claimant: Cabot

 

Who Are the Solicitors: Nolans

 

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

 

What is the claim for:

 

1. Jurisdiction

 

2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand.

 

3.The said agreement was an agreement regulated under the Consumer Credit Act 1974.

 

4.The defender failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC.

The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 01/08/2012 and the pursuers have advised the defender of same.

 

5.The last payment was made to account on 21/08/2012.

The said sum of £6000 is the sum sued for.

 

6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so.

 

Claim Received:- 31/07/2017

Notice of Intention to Defend:- 21/08/17

Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17

 

What Documents are listed in Box E2:

 

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

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No Notice of Assignment but I received letters from Cabot asking for payment.

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was your last payment:- 20/06/2012

 

Why did you cease payments:- Financial difficulty

 

Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB

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if you last payment was 20/06/2012 the debt is statute barred under SCOTTISH LAW

after 5 yrs the debt is TOTALLY EXTINQUISHED and does not exist

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx, I was hoping that would be the case.

 

When writing my Defences I have to admit/deny etc all the points made in the Condescendences.

With the exception of Jurisdiction, would I deny all? since the account should not exist anymore under Scottish Law.

 

Under Pleas In Law would I state the account is Statute Barred and ask for the case to be dismissed?

 

Thanks

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were you resident in Scotland when you took this card out?

 

 

you have I now see two dates for the last payment

which is correct please?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, I was resident in Scotland when I took this card out

 

The last payment I made was 20/06/2012 online from my Halifax bank card. I always paid it monthly online. I still have all my bank statements to prove this was the last payment and no further payments were made.

 

I don't know where Cabot/Nolans got a date of 21/08/2012

 

Thanks

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so they've generated phantom payment

nothing new there then!!

 

the Scottish SB defence

which I think runs.

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

 

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinguished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453038-Ordinary-Cause-Summons-from-Cabot-Optima-Legal-for-£25k-BoS-loan&p=4798110#post4798110

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Cause-Action-1st-Direct-HSBC-Credit-Card-debt

 

Make sure you reply using the correct format

Might be worthy to take in person to the clerks office and get it checked

 

Might also be worthy to scrape your mind and ensure you didn't make later payments via say a DMP company or ring the original creditor and check last payment date too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

how'd your claim go?

 

please respond and let us know

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi dx, sorry not been online. I forgot my sign on details then couldn't find my thread.

 

Put my defences in using statute barred above.

 

Pursuer asked me to prove that I did not make that payment in 2012 but from reading online I believe it's up to them to prove that I did.

 

I've to put in my Rule 22.1 then got my Options Hearing in just over a week, will update after that.

 

Thanks

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Rule 22.1?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you already stated its statute barred in you defence

pointless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi, just an update.

 

When I was called forward I was still getting into the right place to stand but Nolans (or local rep?) had already starting talking so I missed the beginning but he was saying I hadn't done something properly, not sure what.

 

The sheriff said about it being prescribed by time.

 

Nolans said as their client was not the original creditor it would take time to get all the details,

he said about sisting the case or continuing it at a later date.

 

The sheriff asked me if I just wanted it shelved for the time being or to come back in 4 weeks to give them time to find paperwork.

 

I said I'd come back in 4 weeks.

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I take it by shelved you mean sisted.

 

no probably better to give them 4 weeks then demand if dismissed as they've have long enough already.

and already claimed they HAD the paperwork on the claimform

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes you can

stick by your guns

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx, another update

 

I've received a letter from solicitor offering to dismiss the action with no expenses due.

 

The offer is made without admission to liability and I have seven days to accept.

 

If I don't accept they say they have prepared further adjustments and a rule 22 note.

 

Any thoughts?

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so you've won then

they are running away.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so you want to goto court then?:|

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

give the clerk a ring in the morning tell em whats gone on.

 

ideally nolans should be doing this but its quite common for them

 

I bet your letter looks like this...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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