Cabot/nolans SPC Claim - Old Next CAT Debt

**Andyorch** · 5th April 2018 21:49

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

**dx100uk** · 5th April 2018 22:01

don't forget post 70 too.

dx

**dx100uk** · 5th April 2018 22:03

knock something up
and we'll help with it.

bit busy at present

**User457** · 7th April 2018 08:12

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

**Andyorch** · 7th April 2018 10:40

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

**User457** · 7th April 2018 11:18

Originally Posted by Andyorch

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.

**dx100uk** · 7th April 2018 13:11

doubt he'll get that under an SPC claim.
hope he knows about consumer credit icon

and the act else this could be a very costly case for you if he loses it for you...

**dx100uk** · 17th April 2018 01:20

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

Cabot/nolans SPC Claim - Old Next CAT Debt

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