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    • Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?
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Cabot/Nolan SPC OLD Captial One Credit Card Debt


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I meant you in the above post but the little pointy man doesn't word here...:lol:

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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  • 2 weeks later...
  • Replies 83
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Hi .

I have received responses from both Cabot and the sheriff court.

 

Cabot say that the CCA request is still processing, and the line Unenforceable jumps out at me.

 

Sheriff says that i must attend a CMD meeting to discuss this matter.

 

I have attached all documents that i currently have.

 

What should i do now to prepare for this meeting on the 24th july.

 

Thanks in advance for any help given.

docs1.pdf

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Not much you can prepare just make sure you have the Cabot response to your section 78 request and hi light the first paragraph.

 

 

Andy

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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Also read the linked threads in post 11

At a cmd you can ask for dismissal too

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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  • 3 weeks later...

Quick update

Received letter from Nolan’s regarding the cmd ordered by the sheriff.

In the letter they go on to say about communicating ect, but I have no intention of communicating until the CMD itself.

 

I have a few concerns over the CMD.

As I have never attended one before.

 

All I really have document wise will be my CCA request letter and response letter.

Do i acknowledge the debt by the original creditor, but deny any credit agreement with Cabot finacial?

 

Also there doesn’t seem to be a list of documents that the claimant is required to produce, will I have To point out that out as it’s not a pers injury claim.

 

The CMD letter indicates that I acknowledge previous dealing between I and capital one, and should produce documents that purport to confirm that’s all debts have been repaid, this does not exist as debt was never repaid.

 

Just worrying a little about what will be asked of me and what I should actually be saying to the sheriff.

 

Thanks for any help in advance.

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Scan up the letters and stuff you refer to above since the last upload post 27

Wording of nolan nonsense is vital

Edited by Andyorch
edited

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

Had to hide that

Ref no showing

 

Is that all youve had since that other uploads in post 27?

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... 

Link to post
Share on other sites

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

Yes.

Recieved on documents that i have submitted.

Thnx

 

sorry^^??

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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Typo

That is all the documents that i have received.

I have uploaded them.

 

I am just concerned over the lack of documents needed by the claiment.

Looking at that link, there was a list of documents needed to proceed.

 

At the CMD is will simply put forward that i have no knowen finacial or contracted dealings with said debt agency abbotts.

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did you go read that thread I pointed too....?post 35?

 

hot being funny but unless you've done it whilst not logged in

you appear to have not bothered to read ANY like threads at all...

 

CAG is self help too..

 

but as its only a CMD that thread will tell you …

 

comeback after reading it with what you understand you do and don't do/say.

 

then we'll sort you out

its better you read it yourself rather than me repeat whats there.

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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ok i'll be around all night just post

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

ok well you've not returned

don't allow any little chats before the hearing. smile tell them to...

I bet it wont be nolans rep anyway...

 

they have not replied to your CCA request …. what they have sent is not a compliant CCA return

 

tell the sheriff you want it dismissed..

 

don't allow more time...…………….

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

let the sheriff lead you

only speak when spoken too.

 

the claimant has failed to comply to my CCA request of date XXXXX

and has produced no documentation to prove their claim.

 

ie

Signed Consumer Credit agreement

notice of assignment that proves they own the debt and thus can bring any court claim in their own name.

no notice of default from the original creditor proving I defaulted on any credit agreement under section 87/88 of the consumer credit act.

no statement of account proving what the outstanding balance is made of.

 

good luck

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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Well?

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 this is a copy of the response form that i sent to the sheriff and also nolans.

I should have put this up before sending it, to make sure it reads well.

 

I also made an additional D2 Letter but did not format it to PDF, so unsure if its acceptable to the court.

 

i think there is something wrong with the PDF files that i sent, they do not seem to open or read on mobile devices, but when i checked them on my PC and laptop they read just fine.

worried now that my response has not materialized correctly in digital format.

 

I have been reading those links that you provided DX, so thank you.

I read that they will approach me and ask to settle ect, or may not even show up at all which would be great.

 

Also that everyone is entitled to a per day solicitor or day duer at court for help and advice,

never had dealing with court so this is all new to me.

 

Required Evidence by claimant

DN - Default Notice

NOA -Notice of Assignment

CCA Request

 

All your help and advice is appreciated

Response form_4a (1).pdf

D1 EXTRA RESPONSE.pdf

Edited by dx100uk
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So you sent a blank form 4a??

And didnt file all the correct defence in the link in post 16?

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 DX

The form that i sent to both the court and Nolans has all my per's details and case reference number, i just removed those with xx-xx-xx when i uploaded the PDF file to this site.

 

Can i ask, are you able to the view my PDF files on your home computer or laptop, as that is the only way i can see any information, nothing appears on my phone or tablet oddly.

 

If the form that i sent was blank, would the court not ask me to resend it,

 

Also the fact that i was asked to attend a CMD means that the form must have had at least some information on it.

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You need an app for mobiles and tablets for pdf

 

This thread here

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

 

Post 3..

Did you file that complete defence or just your extra pdf above?

 

No you are not entitled to free sols..and you dont need one..

But you must follow what we advise..not go off elsewhere and read fake info..

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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ive merged your single PDF above

all ok there then your panic is over...

 

now go read and understand posts 41 & 42

 

that's all you need to do now..

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.

Arrived at court , was more of a room full of other people with simple procedure claims.

I was first up,

I was very nervous and didn’t get across everything I should have said correctly, but I don’t think the judge was interested in what I had to say and did not agree with what I did say.

 

No Nolan’s appeard, just a Sherriff rep i think stating that I had asked for a CCA, but have not yet received yet from capital one and Cabot.

Judge gave them 2 months to produce 4 documents, And if not produced case will be dismissed.

will upload the letter once I receive the document list.

 

I will assume that Nolan’s will indeed produce the list of documents required.

It felt very much geared towards the claimant in court.

Thanks

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