Hi.

I am currently on similar predicament,

https://www.consumeractiongroup.co.uk/forum/showthread.php?479254-Arrow-Shoos-SPC-Old-NewDay-Aqua-Credit-Card-Debt-***Claim-Dismissed-no-DN***/page5

after reviewing all the posts and efforts to divert this debt I am in the thinking that there is only 1 outcome and that is to repay the debt in some form.

Is it possible to phone the original debt collector and arrange some kind of repayment plan, or should I simply fill in the C2 on response form for time to pay and send to the sheriff.

Thanks for all the information provided between the posters, but I don’t think there is any avoidance in paying these small credit card debts with this new Simple Procedure Notice of claim.

I don’t like giving up, so please don’t think that of me.

Regards

NO!!

please start a new thread

of your OWN please

Hello my first time in these forums and looking for some help/advice with a

letter i received in my door post box.

Letter just had my name written on it with no stamp and several Simple Procedure Claim forms inside.

Letter is a form 6A Simple Procedure Notice of Claim with the following details about the case.

Sheriff court - My Local Court

claimant - Cabot Financial UK Limited

Respondent - My name

Case Reference number - Number Included.

Also attached was Nolans Solicitors Card, saying that all documents should be sent to the court, and that all all future payment and NON court communications in respect of this matter must be made to this office quoting a reference number.

Last Date for a response is 22/06/2018

Issue Date: 21/5/18

Amount approx: £951.35

Claimant: Cabot Financial UK Limited

Solicitor: Nolans Solicitors

Original Creditor: CAPITAL ONE

Particulars of Claim: On 29/06/2015 the Respondent entered a Credit Card Agreement with Capital One under which the Respondent borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the Consumer Credit Act 1974.. The respondent failed to pay as agreed on demand and is in breach of contract with the said CAPITAL ONE.

The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 03/04/2017 and the claimants have advised the Respondent of same. The said sum of £951.35 is the sum sued for. 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.

Is the debt statute barred? No or unsure?

List any letters you have sent: None Yet

I have tried to list as much detail as possible

Any Communication would be highly appreciated.

Thanks

Easy to deal with

I see you've found the sticky already well done

Ring cap1 and ask now last payment

Was this taken out whilst resident in scotland?

Moved to scotland forum

Hi.

I had no idea there was an England and Scotland Forum

sorry about that.

Live in Scotland and debt was created here in scotland.

I never got around to repaying any of the debt, but original amount was closer to £750 .

Thanks for swift reply

No bother ring cap1 now ask last payment date

Also run thru this

And insure all in post 1 answers all required

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

name the issuing court: Airdrie Sheriff Court

Who Is The Claimant: Cabot Financial UK limited

Who Are the Solicitors: NOLANS Solicitors

What type of action? (simple/Ordinary): Simple

What is the claim for – Particulars of Claim:

1.On 29/06/2015 the Respondent entered a Credit Card Agreement with Capital One under which the Respondent borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the consumer crediticon Act 1974..

The respondent failed to pay as agreed on demand and is in breach of contract with the said CAPITAL ONE.

2.The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 03/04/2017 and the claimants have advised the Respondent of same.

The said sum of £951.35 is the sum sued for.

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:- 01/06/2018

Last Date For Response:- 22/06/2018

What Documents are listed in Box E2:[or in your form requesting the same?]

This is the information from box E2

1. No Defence - No evidence required.

2. No stateable Defence (Rule 4.4 breach) - No evidence required

3. Defence on Prescription - Copy statement of account only. (Agreement must be addmited to plead prescription. So agreement not required.)

4. Denial of Agreement - Copy Agreement dated 29/06/2015

Generic Rule 8 Orders should never be issued.

The facts of each individual case must be considered.

It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led.

The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumunter Rite.

Acta Esse (Trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419, 420)

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:

The Claimants request that the court order the respondent to pay the sum of £ 951.35

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? may 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. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

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

When was you last payment:- Never

Why did you cease payments:- Personal Issues and Poor debt Management

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 plan? No

Since this has now gone to a sheriff court am worried what about the possible outcomes.

If i do not respond will how will the court affect me.

If i do respond and ask for time to pay, will i need to go to court or will it be done with and i just arrange payments?

Will the debt collector consider an out of court settlement at a reduced balance?

Im not concerned about about Credit scores at the moment, just what the court can do .

Looking to respond before weeks end and put an end to this situation.

Thanks

cabot-nolan new 2018 E2.pdf

Did you ring cap1 up yet??

I would not know what to say to Capital One since debt has been passed over, i never got around to paying any installments to this debt.

thanks

simply ring and ask last payment date

if as you say there were none

ask them the date it was signed/taken out

the court case is nowt to do with them so no need to mention anything to them

Was taken out on may 2016.

Thnks

Well no way sb'd then

For the minute you sit on your hand but go read all the spc claim threads here and get familiar

form says take out may 2015? you say may 2016 no odds really

these are what you should have a read through.

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=procedure+spc+card&sa=Search+CAG

do NOT respond or do anything whatsoever without checking here 1st

also NEVER EVER converse over the phone with any DCA or their wolves.

oh and i'll give you a free giggle...they've used the WRONG 3a Form

the one they've used is for Pers injury or family claims

which specifically states its not for consumer credit claims.

now I suspect they've 'accidentally' done this on purpose

because it makes it read DN/NOA are NOT required in CCA regulated cases..

CAG has spanked them +5 times now on their belief that default notices and assignment letters are NOT required to prove a case

THEY ARE!!!!

Hi dx

Should i send off an CCA Request to to cabbots?

Still unsure how to proceed with this case, and only have 2 weeks to respond.

thanks

Send a CCA request anyway irrespective.

Andy

You need to fill in the reply form too and send that with the cca request

Ill point to filling out the form later

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

Read the above sticky

What you need to put on the response form is at the end

DoNOT change anyrhing of our example bar any pers details

Thread tidied

Going to fill out my reply form now, but must i make a duplicate copy of this form and also send it to the claimant also?

Reason i am asking this, as it states it on the Last Date for a response. Just double checking that i should send duplicate copy to the claimant as well as the court.

I have sent a CCA Request also, just waiting on a reply from them as they have received it on 7/6/18

Many thanks

Nolans

Well you dont want a reply think about.........

so i just send response to the court only, did i read the form wrong

thanks

nolans not the claimant

Hi

Received a response from Cabot in regards to my CCA request

They have thanked me for my request for information under the 77-79 of the consumer credit act 1974.

But say Unfortunatley currently do not have the relevant information on file, so will be requesting a copy of the credit agreement and terms from original lender.

They’d say this may take some time, it will write back within next 12 days.

Letter was send on 14th June.

I sent CCA on 6/6/18 and they received it on the 7/6/18.

When I send my response form tomorrow, should I attach a copy of this letter as proof of not being able To produce the information.

Or just send my reply as you have pointed out .

Thanks

Thats a Template response..its on every Cabot thread were a section 77/78 request has been made.

They are now in default and unable to enforce the agreement (12+2)

Simply state the same in your response..

Andy

where in box d2 our example says

To date the claimant has failed to comply & is in default of said request.

replace it with wot he says^^

They are now in default and unable to enforce the agreement (exceeded 12+2 working days limit)

He says ...?????