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Showing content with the highest reputation on 30/09/15 in all areas

  1. 2 points
    I just had a summary cause action for cabot dismissed and received a cheque for the expenses. Cabot did not have any paperwork, after a a CCA request. No assignation papers, No letter informing me of assignment nothing. So before you go down the trust deed I would see what they have with the CCA do not engage their solicitors you are not obliged to do so. The first hearing will be where the sheriff decides if it is going any further then it will be at least 2 months before you get the next hearing called the "proof diet". Even if the proof diet goes off and the case is heard and they won you would have time to set up your trust deed after that. Optima will have a local agent appear at the first hearing with little information and instruction. This is where you have an advantage. CCA them today, you will get an acknowledgement. If they have anything they will send it. The letter if they don't gives you something to use in court. Hopefully before the 11th you get the second letter stating they don't have the paperwork and are still trying to get from the original lender. If I was you I would go to the calling hearing after doing a wee bit of reading with one or both (if the second makes it) of these reply letters from cabot. At this hearing their agent will state their claim and then you will be asked your response. State your intention would be to defend the claim as you have not received anything prior to receiving the summons, did not and do not have any dealings with cabot, they could be anyone you may have to acknowledge there was the original debt but you believe that had been resolved although not cleared. " However you would ask the court to dismiss this action as without the paperwork cabot should not have brought the case to court without knowing they have a claim or not in law." Use the first letter which will state the debt is unenforceable until they comply the second letter if you have it in time, two copies one for the court and one for their agent. Court principle is based on success and failure, cabot have taken the risk of bringing the action which is unenforceable in law without having the paperwork (which in the court procedure they should submit at the outset). Their risk was that the court would dismiss the claim as they can not show there is a claim based in law. The local agent will ask for either an adjournment to get the paperwork and further instruction or to sist the action which is an indefinite longer adjournment you don't want either and if there is to be one get the adjournment as at the next calling if they don't produce it you will definitely have it dismissed. I would then ask the court "that as a lay man with no understanding of the law or court procedure that the pursuing solicitors should know the law and know the risks". They have admitted it is unenforceable therefore have no case in law and the court should dismiss the case in your favour and not allow the pursuer the time to do the work they should have done before starting the action. That in dismissing the claim you understand that the pursuer may choose to raise an action again at a future date. If the sheriff agrees with you ask for expenses and claim expenses state that as party litigant you are entitled to 2/3 scale of that as allowed by solicitors under the act of sedurant. It all is based on the CCA letter replies. So fingers crossed you get those. It will just kick things into the long grass for a while until but more probably IF cabot get their hands on the paperwork. You are miles away from needing the trust deed so don't rush to tie yourself up with that millstone just yet. As I say you can wait to get decree against you before you need to go down that route for piece of mind go to CAB and speak about the trust deed they will confirm wait till decree. Repossession when they don't have a charge over the property protracted and if you're married with kids takes a long time. More than likely if they had a decree they would serve and inhibition on you i.e. you can't sell your house and if you do they need to be paid from the proceedings. I hope this puts your mind at rest a little you have options and strong chance the paperwork is not available in short or long term. No need to rush to trust deed. Better more knowledgable people on here will help, just thought my experience might be of use.
  2. 1 point
    The small signs refer to other signs so unless that larger sign next to the disabled parking space in photo 5 is also the same as the sign at the entrance they are "invitations to treat" and not contracts. This allows you to accept vary or reject their terms and as the leisure centre can vary them this reinforces this statement of their actual nature.
  3. 1 point
    Sorry I have not been on here in ages - was abroad for a while and busy, busy, busy. Yes, the council accepted my partners circumstances and she has paid the ticket at £50. Done and dusted! Thanks again for all your help, Jamberson.
  4. 1 point
    I can only tell you about my first collie, at 12 he suffered a stroke. Off the the vets we went, and he made a full recovery. 6 weeks later it happened again. I really thought I was going to lose him, and was advised to put him to sleep as he had now developed a heart condition as well. but there he was looking at me and I knew he wanted to go back home with me. I expected him to go that night but no... He was 17 and a half when he passed away in his sleep, and he led a full and active life on one heart tablet a day until about 2 weeks before that. The only problem he had was a slight hang to his head. It took me six weeks to get him back to health and that included standing in the garden and allowing my leg to be used as a leaning post so he could have a pee! Its a horrible situation to be in, I know. But if it helps you to decide, I think that dogs get over things a darn sight quicker than we do, and with a lot less fuss about it. I´m not going to try and tell you what to do, he´s your boy, you know him and his health, and the breed and their longevity. Have you had a look to see if there are any web sites dealing with vet surgery? Where other people can talk about this to each other? Or, could your vet put you in touch with someone whose dog has come through the procedure, so you could have a chat perhaps? I wish you all the best, and I am thinking of you.
  5. 1 point
    Have you asked if the appointments are mandatory or voluntary? If they are voluntary then you can decline further interviews and work coach support until such time that it does become mandatory.
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