Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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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

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    You simply have to get across to the sheriff that they are being misled by the claimant...there is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments without the need of service of a default notice and that claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed to enforce the agreement.

    If a default notice was never issued then they must evidence the termination notice of the agreement.

    https://www.legislation.gov.uk/ukpga...-of-agreements

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  2. #82

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    don't forget post 70 too.

    dx

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  3. #83

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    knock something up
    and we'll help with it.

    bit busy at present

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  4. #84
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    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    I have now instructed a solicitor to deal with this matter, hopefully this will finalise it.


  5. #85

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    His fees will probably be more than the debt !!!

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  6. #86
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    Default

    Quote Originally Posted by Andyorch View Post
    His fees will probably be more than the debt !!!
    I hope not, no win no fee with me covering out of pocket expenses for court appearances approx 30. Rest of fees will be claimed from other side.


  7. #87

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    doubt he'll get that under an SPC claim.
    hope he knows about consumer crediticon and the act else this could be a very costly case for you if he loses it for you...

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  8. #88

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    and did you waste your money..............

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  9. #89
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    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    Quote Originally Posted by dx100uk View Post
    and did you waste your money..............

    Matter is still ongoing, got a hearing date of 9th May, this is for hearing that my solicitor has requested due to the sale of the debt.


    Will update once we have been to court.


  10. #90

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    what is he querying with regard to the sale?
    if you got a notice of assignment that's it done and dusted.

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  11. #91
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    Default

    They applied to the court to change date of assignation and sent along the contract of sale between the OC and Cabot,

    apparently there is something wrong with this
    , I’m unsure exactly what but I’m sure will will find out.

    There’s also the no default notice, they're claiming they don’t need it as only claiming arrears on account.

    .. just a shame the arrears amount to the whole balance !

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  12. #92

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    ah the old don't need a default notice sc@m they are all using in Scotland now
    very typical of nolans..[they invented it!! others follow suit]

    there are cases here already if you read thmn, whereby they even go so far as to say the default notice is totally unnecessary in Scottish claims and the sheriff[s] has got it all wrong.

    go read the threads in this forum.

    dx

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  13. #93
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    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    Update, been back to court on the 9th, Sheriff was 50/50 with our argument about the sale of the debt being incomplete, ie not a full copy plus missing signature from the original creditor.


    Finally agreed and has given 4 wks for them to come up with the correct paperwork or case will be dismissed.
    Still haven't argued the failure to provide default notice so hoping this will be the end of this matter.


  14. #94

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    well done!!

    it gotta be more like 80/20 in your favour else the sheriff would have nailed you weeks ago.

    the more hearings the better
    as its probably cost them 2/3 times the value of this debt already in sols fees which they will never get back.

    it all mounts up and put pressure on the fleecers to seriously consider throwing the towel in.

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  15. #95
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    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    So been back to court again and they have failed to provide anything further with regards to the sale of the debt.

    I believe they did produce a default notice however sheriff wasn't impressed about the sale of debt.

    Case has been dismissed (final disposal) however I believe they have 28 days to appeal ?

    Not sure if they will ?


  16. #96

    Default Re: Cabot/nolans SPC Claim - Old Next CAT Debt

    I doubt it... well done User.

    Hope your legal fees were not to extortionate...thread title amended.

    Regards

    Andy

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