Hi folks,

situation with MEIII/Cabot/Nolans.....

Nolans have issued me with a Court Claim.

I have then gone back to both Nolans and MEIII with a CCA Request

- Nolans denied they received the £1 PO

and they had CCTV footage to prove it but in response to the MEIII CCA request I received a response from Cabot...?? (Confused!)

The letter stated they did not have the paperwork on file and accepted they had missed the 12 day deadline but it was going to take 40 days to get it from the original lender...The letter even stated a different sum owed.!

My Last Date for Response to the court is Thursday this week.

What would you guys suggest as a way forward?

The amount claimed is for a loan I had entered with Yorkshire Bank 2002

Any advice greatly appreciated

Hi folks,

Hoping you guys can give me some guidance as time is against me...

Nolans have issued me with a Court Claim relating to a loan agreement from Yorkshire Bnk they say MEIII are entitled to.

I have then gone back to both Nolans and MEIII with a CCA Request

- Nolans denied they received the £1 PO

and they had CCTV footage to prove it

but in response to the MEIII CCA Requesticon I received a response from Cabot...?? (Confused!)

The letter stated they did not have the paperwork on file and accepted they had missed the 12 day deadline but it was going to take 40 days to get it from the original lender...The letter even stated the same reference number as Nolans but a different sum owed.!

My Last Date for Response to the court is Thursday this week.

What would you guys suggest as a way forward?

The amount claimed is for a loan I had entered with Yorkshire Bank in 2002

Any advice greatly appreciated

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

name the issuing court:

Who Is The Claimant: MEIII

Who Are the Solicitors: Nolans

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

What is the claim for – Yorkshire Bank Loan from 2002

[type out ALL the text [minus pers details]

look for the words which FOLLOWS [substantial connection with Scotland]

D1 Wording.

1.On 15/11/2002 the Respondent entered a Fixed-Sum Loan Agreement with Yorkshire Bank under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit Act 1974.. The Respondent failed to pay as agreed on demand and is in breach of con//tract with the said YORKSHIRE BANK.

2.the said supplier assigned all rights in the said debt to ME III Limited on 01/09/2010. and the Claimants have advised the Respondent of same.

3.The last payment made to account on 28/04/2016 The said sum of £XXXX.XX is the sum sued for.

4.The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.

Last Date Of Service:- 16/11/17

Last Date For Response:- 07/12/17

What Documents are listed in Box E2:[or in your form requesting the same?] Agreement dated 15/11/2002

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt - Unsecured Loan

D5 what has the claimant said]: The Claimants request that the court order the respondent to pay to them the sum of £XXXX.XX

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? 15/11/2002

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. MEIII issued claim via Nolans

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? Not sure

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

When was you last payment:- 28/04/2016 via Payplan DMP

Why did you cease payments:- 28/04/2016

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? Payplan DMP

ok usual twaddle then

shame you've been blindly paying all these years without questioning the CCA earlier...

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland

final post in that thread shows you what to do.

Thanks very much DX - that Response is a lot more detailed and aggressive than I had drafted but is certainly to the point.

Would you anticipate Nolans to still attend court?

which court?

dx

PM sent

get an sar running to YB

unless you already have all the statements and agreement.

also have you statements from cabot? [MEIII]

tell us the complete history from day one please

dx

I've got absolutely nothing from YB or MEIII - other than this court claim from Nolans.

We were paying Payplan so just left it to them to deal with creditors. The wrong thing entirely it now seems

get that sar running

i'd cancel that PP DMP too.

they never check the enforceability of any debt

dx

Will sort the SAR right away. (Whats a SAR?.......)

We stopped the DMP last year:wink:

click sar

click sar

Excuse my ignorance but what benefit will this SAR serve?

post 9

Hi again,

Just typing the response now.

Can anyone advise what goes in the red dotted parts here please:

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

The Signed Original Consumer Credit Agreement

The Notice Of Assignment under ...

The Default Notice Issued By The Original Creditor Under Section...

Cheers again

CCA 1974 section 87/8 for the default notice

remove the under.. for the NOA there no Law of properties act in sccotland

In Scotland an assignation (Assignment) need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party.

If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract.

The burden of a contract cannot be assigned; it has to be novated – one contract is effectively rescinded and a new one entered into with different parties, so by its very nature consent is needed.

Thanks Andyorch,

So in laymans terms are the amendments in Post 17 OK to use?

in D2 enter:

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

Also, what section is the CCA Request please?

A CCA Requesticon 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.

And do I take the XX Years back to the start of the agreement?

Also, also - do I list any evidence in Section E1& 2

in D2 enter:

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

 

Also, what section is the CCA Request please?

 

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.

 

And do I take the XX Years back to the start of the agreement?

Section 77 CCA1974 and with regards to the default all that is required is....

2. The respondent is unaware of any default notice served under the consumer credit act sec87.1 by the original creditor.

The claimant cant issue a default notice

does this read correctly Andyorch?

D2.

The claimant has averred in Section E2 on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated 15/11/2002.

A CCA 1974 Section 77 Request was sent recorded delivery on 6 November 2017.

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

The respondent is unaware of any default notice served under the Consumer Credit Act 1974 by the original creditor in the last 15 years.

post up you final response when finished please

D1.

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 am 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 advantage 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 discounted Pence to Pound reduced values.

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.

According to s.189 of the Consumer Credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

I have had financial dealings with Yorkshire Bank 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 request for further information.

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

The Signed Original Consumer Credit Agreement.

The Notice Of Assignment.

The Default Notice Issued By The Original Creditor Under Section 87/1 CCA 1974.

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

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.

post up you final response when finished please

D1 in Post 21 and D2 in Post 23

The respondent is unaware of any default notice served under the Consumer Credit Act 1974 by the original creditor in the last 15 years.

Remove the red...a Default Notice is issued when the alleged breach happened...not from the start of the agreement.

**UPDATE**

I have received a Form 8A response from the Sheriff today.

He has read and considered the claim form and response form and Ordered the following:

The claimant (ME III) has 7 days from 8/12/17 to send me a copy of the agreement they are to rely on

The respondent (me) has 14 days from 8/12/17 to confirm to the court whether or not I owe the sum sued for