Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1

    Default Cabot/Nolans SPC - newday Aqua Card

    Name the issuing court: Glasgow 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 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand.
    The said agreement was an agreement under the consumer crediticon Act 1974.
    The date of termination was 31/03/2017.

    The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same.

    The last payment to the account was 02/02/2017.
    The said sum of 1778.81 is the sum sued for.
    The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so.


    Last Date Of Service:- 09/01/2019

    Last Date For Response:- 30/01/2019

    What Documents are listed in Box E2: Simply states

    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 admitted to plead prescription. So agreement not required)

      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 state:

    The Claimants request that the court order the respondant to pay the sum of .1778.81

    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 - Cabot

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

    Did you receive a Default Notice from the original creditor? I think so

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

    When was you last payment:- 02/02/2017 (according to the form)


    Hi All,

    Looking for some guidance and advice please, if possible.

    Around 5 years ago I took out an Aqua Credit card.

    Unfortunately, I was unable to keep up the payments and defaulted.

    The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored)

    I have now received a Simple Procedure Notice of Claim.
    Any advice gratefully received.

    Many thanks,

    Pete



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  2. #2

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    First step, go give aqua a ring and find out the actual date of payments. Cabot dont enforce legit debts, and have been known to " bend the truth" to suit their own means.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  3. #3

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    if the card was taken out in 2015 it cant be statute barredicon

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    DX
    RIP Martin3030

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  4. #4

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd
    2013 dx

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  5. #5

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    you've missed a couple of questions out from our link

    service date

    response date
    please

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    RIP Martin3030

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  6. #6

    Default Re:  Cabot/Nolans SPC - newday Aqua Card

    Hi dx,

    Apologies. Details are:

    Last date of service = 9th Jan 2019
    Response date = 31st Jan 2019

    Hope this helps.

    Pete



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  7. #7

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    good show
    go enjoy xmas and new year
    you need to respond [we will help you] see other SPC thread here by 31st jan.

    there is nothing you need to do other than P'haps send an SARicon to newday
    that might give you a better overall picture than what you might get out of the fleecers
    but any info you get YOU KEEP TO YOURSELF, till its time to fire bullets.

    you DO NOT enter into any comms with nolans or cabot without checking here 1st

    if you use the search CAGicon box of the top red toolbar
    type in
    NOLANS

    you'll get an idea of the stunts they WILL pull
    do NOT fall for them
    if you get any emails
    bounce them back as unread/undelivered and block their email ad

    infact if you look at the Nolan letters here already
    you'll see the email used..block/bounce it now

    just remember
    SAR to newday
    pop back here say second week in jan or something just to update

    there is NO POINT in sending the response form back early.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  8. #8

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Hi dx,

    Will do sir.

    Have a great Christmas also, and thank you

    Best regards,

    Pete


  9. #9

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Hi Guys,

    Still awaiting a response from Newday Ltd regarding my SARicon request.

    Is there anything else which I can do in the meantime?

    Thanks,

    Pete



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  10. #10

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    its not imperative you get it before you have to respond
    though by the rules they only have 30days now
    what date did you send it?
    if they've gone passed that [though bear-in-mind we did have the xmas break] p'haps ring them and ask.

    but whatever you get in the SARicon you KEEP TO YOURSELF!!

    so its not important to your response which is in the stickies here in its bare format.

    don't forget you'll be sending a CCA Requesticon with the response form to cabots anyway and if they fail that, its pretty much fatal to their claim.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  11. #11

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Hi dx,

    Thanks for the reponse and advice - it's much appreciated.

    The SARicon request was sent to Newday on 21st Dec - no response as yet.

    I take it that I need to wait for them to respond before moving onto the CCA Requesticon?

    Best regards,

    Pete.



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  12. #12

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    no.as said the SARicon is nothing to do with the claim, its to complete your records, should anything become useful for later if it gets that far ...
    you do NOT miss sending the response pack back and copy to the claimant with a CCA Requesticon attached to their copy.


    https://www.consumeractiongroup.co.u...laims-Scotland

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  13. #13

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Thanks for all your help so far...... I am now waiting for a court date



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  14. #14

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Unlikely to get one. MIGHT happen so get your paperwork sorted. Cabot love to try and get undefended cCCJ's. If someone defends, they either dont respond to the defence and get a stay or just let it run then dont turn up in court.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  15. #15

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    so response pack returned and copied to the claimant .

    why not go ring newday and remind them of the SARicon and their legal time limit of 30days.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  16. #16

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    They say that they sent the info to me (honestly never received).

    They are going to re-send the documentation again!!!



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  17. #17

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Have just received a lettericon from Nolans advising that they have requested that the case by "paused, as their client has received a Section 77 request".

    That will be the request which I sent them (no response from them either yet).



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  18. #18

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Well you object

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    DX
    RIP Martin3030

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  19. #19

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    Will do....

    How do I object, and why?



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  20. #20

    Default Re: Cabot/Nolans SPC - newday Aqua Card

    theres another spc thread exactly the same here.
    if they do I think the court write and give you 7 days to raise an IA and object

    you object upon the grounds that the claimant has had the debt since [the date they first bought it]

    raised the claim on [date] and clearly stating they HAD the agreement on the court form
    it is obvious they do not and have mislead the court

    they have already had xx mts to produce it
    respectfully asking the sheriff to dismiss the case and issue absolivitor

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
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    DX
    RIP Martin3030

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