Hi guys looking for some help with this that came a couple weeks ago before i went on holiday.

Name the issuing court: Edinburgh sheriff court

Who Is The Claimant: Cabot financial uk limited

Who Are the Solicitors: Nolans

What type of action? Simple

What is the claim for –

On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA 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 HITACHI NOVA.

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same.

The said sum of £988.32 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:-19/09/2018

Last Date For Response:- 10/10/2018

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

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 admited to plead prescription. So agreement not required.)

4. Denial of Agreement - Copy Agreement dated 19/03/2014

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 Praesumunter Rite.

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

HP Agreement

BOX D5 what has the claimant stated:

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. 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 ? No

When was you last payment:- Unsure but for sure sometime in 2015

Why did you cease payments:- Major gambling problem

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 Yes

Any help would be appreciated, this is a great site doing good work

Thanks

Craig

oh look nolans trying to be clever again...….

so one of the current running SPC attempts here was to use the wrong the wrong form 3a [for divorce - trying to state default/agreement/assignment was not needed..they've just about lost that case its on its 2nd CMD now]

now they try some stupid pensions fund ruling that ofcourse does not over ride the consumer credit act regulations:!:...never mind nolans...is CAG getting the better of you recently....

well as you've done some reading and found the info threads craig well done on that.

nothing much to do till nearer the 10th but no harm is preparing

if you look where the give us the info sticky was

theres one there upon how to respond to an SPC claim

read that and this applies to that too..so easy peasy for now.

fluff us out a bit on this debt please...

a loan I take it?

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

anything in D5 box please if there is one??

I’ve read a few of the threads and seen they don’t seem to do things how they're meant to be done, cheeky buggers..

It was hp for a certain item

my debt spiralled as my gambling problem got out of control and was hardly able to make ends meet until i sorted myself out over the last year or so.

Do i send a cca request to cabot?

Cheers

Hope this works

A CCA Request section 7? was sent recorded delivery on [date].

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

Will get that sent away tomorrow hopefully.

Whats the next step after requesting the cca ?

hey woa slow down

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

id not be sending the CCA off till you send the response form and not yet either

no rush..dont bay to their demands...

Shall i send the letter tomorrow ? Sorry im not quite sure when i was to send that

as post 3 here

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

get those running now yes.

so got the cca sent away today but I've been struggling with getting all the words copied in to box D1 for the court form I've tried adobe, is there any programs i could use as that doesn't seem to work at all

cheers

never had anyone had an issue

use a text based program like notepad

fill in the blanks of the post 3

copy and paste it into the PDF box D1 attached to post 3 there

then fill the rest of the form out

if not copy it to a sep sheet of paper putting your case number, name of court and your name across the top and staple that to the response form

response to D1

XXXXX

hows this going?

Ive had a letter about it going to court on the 10th of January,

i received a letter from cabot saying they hadn’t yet found the cca, although they referred to a completely diffirent debt i had supposedly had with aqua and not the said supposed hitachi nova debt.

What do i do next ?

Did you send back the response form following our guide? By 10/10

Yes i sure did

ok what have you got thru a case management discussion notification?

dx

Yes and nolans have sent a list of evidence through to me but still no cca agreement

Sounds about right for them

When you actually get any paperwork from them pop it uo

Till then watchout for threats by letter and email

Ignore them totally

Nothing to do bar read all the spc claimform threads here

Till new year.

Ive had paperwork from them showing the balance from hitachi and then copies of all the letters sent from cabot

but no signed agreement I bet...

Certainly wasn’t, i take it that is typical nolans tactics?

Oh yes

Go read about nolan tactics

Use the search cag box of the top red toolbar

Nolan