Hey.

just received the court documents that shoosmiths are taking me to court for non payment on a 4k credit card debt.

i know i owe this but just asking if there is anything i can do to try and stop the court action or even better get the action stopped.

i was following a post about asking them for all different documents but the post has been deleted.

any help would be great

many thanks

I’m sure there is something to be done for you.

In the first instance can you please post up the particulars of claim, exactly as they appear on the court document, suitably disidentified.

sorry to mess you around but as this is in Scotland

moved to the correct forum

and

can you do post 2 here 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

Last Date Of Service:- 19/3/18

Last Date For Response:- 4/4/18

the claimants are a finance company that inter alia operates the business of debt purchasing.

by virtue of the debt purchase agreement between the claimant and new day dated 21/08/17,

the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the agreement, and in particular in relation to the contract hereinafter condescended upon.

the said assignation was intimated to the respondent by way of written notice on or around 21/8/17.

the agreement between the respondent and the original owner upon which this action is based was regulated under the consumer credit act 1974.

What Documents are listed in Box E2:[or in your form requesting the same?] A COPY OF THE CREDIT AGREEMENT, STATEMENTS OF ACCOUNT AND NOTICE OF ASSIGNATION WILL BE PRODUCED IN ANY DEFENDED PROCESS TO FOLLOW HEREIN

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt: CREDIT CARD

BOX D5 what has the claimant stated: I WANT THE COURT TO ORDER THE RESPONDANT TO PAY ME THE SUM OF £4843.60

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? 2016

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. PASSED TO CABOT FINANCIAL

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

When was you last payment:- 01/17

Why did you cease payments:- STOPPED WORK BECAUSE OF NO VEHICLE(TAXI DRIVER) WAS STOLEN BY GARAGE WHO SHOULD HAVE FIXED THE CAR

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? NO

gotta say this could get difficult as its 2016 take out

did you get a default notice from Newday please?

i have had no contact fron newday. only when i got letters from cabot did i realise they had taken it further

so you've moved since taking this out?

No, I have stayed at the same home. I have another card with Newday and I am paying that one ok. I get my statements for that card but have had nothing regarding the one in debt.

strange...

might be worthy theres been no DN received then cause the fleecers will need that to win!

I have never got one and I have never had to sign for a recorded delivery envelope or anything

wouldn't have been by recorded.

what other letters from cabot have you had, did you get a notice of assignment?

heres what you will need to do before the response date

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

also have a read in this [scotland] forum

lots of SPC card claims here

but don't do ANYTHING before check with us first.

get yourself upto speed first

Its very strange, as cabot dont chase legit debts. Somethings got to be up with the paperwork

Many thanks. Will look at the link and see and get back to you

get a cca request running

I have sent it by email. Should I send also by post as said about ? I just thought with email it is all good for paperwork?

Sorry forgot to say I sent it too shoos and not Cabot. Is that correct?

for the sake of £1 send it to cabot as well

shoos are not a creditor and might quite legally ignore you.

just use 1st class with free proof of posting from the po counter

I have sent it by email. Should I send also by post as said about ? I just thought with email it is all good for paperwork?

 

Sorry forgot to say I sent it too shoos and not Cabot. Is that correct?

what did we say about asking here 1st??

you cant send a CCA request by EMAIL theres a fee to pay

Ah sorry. Lesson learned. Will get it sent off tomorrow

and now you've given them your email address

so they'll use that to file late on any submission.

well done Sherlock...

hows this going?

Sorry was at court on Thursday, was marked as a time to pay hearing but I had objected to it.

They failed to send out the CCA, and documents so judge has put the case on pause while they decide if they want to continue the case or drop it. The judge gave stern words to the lawyer who knew nothing about the CCA act.

He told them to get a copy of my CCA out to me, at I right in saying again this has to be within 12+2 days?

well the time limit is immaterial

did the sheriff not give a new hearing date? or time limit?

No he just put the case on pause to give shoosmiths time to proceed or abandon the case

urm..I might be tempted to give it a month and pop in an incidental application to get it dismissed

I will remember that if I don’t hear anything back. I have set a reminder for the 4 weeks and will just do that