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 Credit 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

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.

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

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

2013 dx

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

service date

response date

please

Hi dx,

Apologies. Details are:

Last date of service = 9th Jan 2019

Response date = 31st Jan 2019

Hope this helps.

Pete

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 sar 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 CAG 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.

Hi dx,

Will do sir.

Have a great Christmas also, and thank you

Best regards,

Pete

Hi Guys,

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

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

Thanks,

Pete

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 sar 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 request with the response form to cabots anyway and if they fail that, its pretty much fatal to their claim.

Hi dx,

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

The SAR 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 request?

Best regards,

Pete.

no.as said the sar 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 request attached to their copy.

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

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

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.

so response pack returned and copied to the claimant .

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

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

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

Have just received a letter 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).

Well you object

Will do....

How do I object, and why?

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

Have just received an email advising:

Notification:

Order of the Sheriff has been issued

???????

from:?

from:?

From the Sheriff Court. I ticked the contact me via email option on the form.

The email gives no other details.

[email protected]

This is an automated message, replies to this address will not be read.

If you have not requested this email, please contact the Scottish Courts and Tribunals Service on 0131 248 1848.

Alternatively you may email: [email protected]

Notification:

Order of the Sheriff has been issued

Protect the environment...please don't print this e-mail unless you really need to

E-MAIL DISCLAIMER

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify [email protected]. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Courts and Tribunals Service (SCTS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCTS accepts no liability for any damage caused by any virus transmitted by this e-mail.

http://www.scotcourtstribunals.gov.uk

ok lets wait and see

the actual orders usually come by post