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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Cabot/nolans SPC Claim - old Tesco credit card


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Hi all first post, as I'm new to all this any help/advice would be appreciated.

 

I received a letter on Saturday 26th May from Nolans solicitors.....

 

Debt is under 2k..

 

Excerpt from letter..

 

 

NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS

 

Our Client:- CABOT FINANCIAL UK LIMITED

 

TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application

may be made to the courts to issue a SHERIFF COURT SUMMONS against you.

 

DETAILS OF DEBT £ ****.** due in respect of TESCO PERSONAL FINANCE

 

INFORMATION ABOUT A SHERIFF COURT CLAIM

If a Claim is issued a court fee and costs will be added to the debt. interest

may also be added.

 

If Decree or Judgement is made against you this may make it difficult for you

to get credit in the future,

 

HOW TO PAY

===========

Various methods of payments explained..................................................................................................................................................................................................

 

To communicate with Nolans via email. contact the person dealing with your account at E mail*******************.

You should ensure that your name and account number ( *******) are contained within your e-mail. To protect data of a sensitive or personal nature we recommend that you use an email account in your name and to which

you have exclusive protected access.

=============================================================================

 

after reading forum I was going to send them both CCA request as NS has supplied an email can I deal with them by email and a letter to Cabot or letter both if this is the best way to proceed at this stage.

 

TIA.

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please don't use email EVER to a no powers DCA or their powerless Dogs

they like all DCA's have ZERO legal powers

and are NOT BAILIFFS

 

send cabot a CCA request

 

tell us about the debt please

 

when did you take it out

were you resident in Scotland when you took it out

when did you last pay

what is the defaulted date from your credit file

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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dx100uk thanks for reply and information.

 

when did you take it out >>>>>>>>>>> Account opened 14 July 2011

 

were you resident in Scotland when you took it out >>>>>>>>>>> Yes

 

when did you last pay >>>>>>>>> August 2014

 

what is the defaulted date from your credit file >>>>>>>>>>>>>>>>>>>>> Sorry don't know

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go look please

so not SB'd till aug 2019

 

any dispute or PPI or penalty charges for being late etc etc

tell the story of the loan.

 

get an sar running to Tesco pers finance

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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No bother

Get your credit file please

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 good

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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  • 1 month later...

PPI …..penalty fees?

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 fat chance of a CCA return then...

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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no well let see what they do..

never use email for anything

bounce anything they send you back..

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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  • 1 month later...
  • 3 months later...

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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first of all sorry i have left this so late, I haven't been well lately.

I'm intending to hand this in on Thursday

 

name the issuing court: Glasgow Sheriff Court House

 

Who Is The Claimant: Cabot Financial (UK) Ltd

 

Who Are the Solicitors: Nolans Solicitors

 

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

 

What is the claim for – [D1 BOX SPR FORM]

 

1.On 14/07/2011 the respondent entered Credit Card Agreement with TESCO PERSONAL FINANCE 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 DATE OF TERMINATION WAS 18/09/2014 The respondent failed to pay as agreed on demand and is in breach of contract with the said TESCO PERSONAL FINANCE.

 

2.The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 16/11/2016 and the Claimants have advised the Respondent of the same.

The last payment was made to account on 24/04/2014.

 

3.The said sum of £1525.19 is the sum sued for.

 

4.The Claimants have made frequents requests to the Respondent to make payment to make payment but the Respondent has refused or delayed to do so.

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM]

Date of Agreement:- 14/07/2011

Reference Number:- *******

Unpaid balance:- £1525.19

Repayment on demand

Date of Formal Service 14/11/2018

 

Last Date Of Service:- 29/11/2018

 

Last Date For Response:- 20/12/2018

 

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

1.No Defence- No evidence required.

 

2. No statable defence (Rule 4.4 breach)- No evidence required.

 

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

 

4. Denial of Agreement- Copy Agreement dated 14/07/2011

 

N.B. 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 Praesumter Rite Acta Esse (Trustees of the Scottish Staff Pension Fund v Pattison & Sim. CISH 96 and Trayner's Latin Maxims. p419. 420)

 

Is the claim for ......an Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt? :- credit card

 

BOX D5 what has the claimant stated: IN FULL

 

The Claimants request that the court order the respondent to pay them the sum of £1525.19

 

from your knowledge: answer the following:

 

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

 

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.:- assigned to...Cabot Financial (UK) Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No... I can't remember receiving Notice

 

Did you receive a Default Notice from the original creditor? Can't Remember.....

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

 

When was you last payment:- 24/04/2014

 

Why did you cease payments:- 24/04/2014

 

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....

Edited by dx100uk
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Name still showing on reports...uploads unapproved

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I see nolans are trying to be clever again by trying to intimate they don't need to produce any documents required under the consumer credit act to bring and win this claim...

nice try nolans..better luck next time huh..

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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https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland(1-Viewing)-nbsp

 

do as post 3 above after reading all the posts first.

 

copy to nolans

DO NOT EVER USE OR ACCEPT EMAILS OR PHONE CALLS

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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