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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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MEIII [CABOT]/Nolans SPC Claim - old Yorkshire Bank Loan *** 2nd Claim Dismissed***


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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 :-)

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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 :-)

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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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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 Banklink3.gif under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer creditlink3.gif 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

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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.

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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which court?

 

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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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

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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get that sar running

i'd cancel that PP DMP too.

they never check the enforceability of any debt

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

click sar

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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post 9

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 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

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CCA 1974 section 87/8 for the default notice

 

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

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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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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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

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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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.

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post up you final response when finished 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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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 :wink:

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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**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

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