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  1. Just to update this thread; a few days before the hearing, Shoosmiths contacted me and agreed to drop the claim under the proviso that I did not make a counter claim. I accepted and haven't heard anything back as yet. 6 months until SB. I fully expect more twists in the tale. Many thanks for all help on this thread. Sorry for late update.
  2. Hypothetical question ... With the hearing imminent and no agreement, if the solicitors attempt to arrange a dismissal as long as expenses are not claimed, should I take it or have the moment in court?
  3. Just to update the thread; The court experience was not what I was expecting - I have accompanied someone else to a similar hearing to provide moral support in the past, which was in a small room with only the Sheriff present - on this occasion it was in a full court, in front of four solicitors and other defenders. I was extremely nervous, and probably did not make my points as clearly as I would have liked. I explained the scenario, including that Cabot had launched an action to my old address whilst being aware of my current address, and the lack of documents. I produced the letter I received from Cabot stating that they did not have the agreement and had requested it from the creditor, but the pursuing solicitor argued that because Cabot had requested it from the original creditor they deserved more time to retrieve it. The Sheriff gave Cabot another 8 weeks to find the agreement and gave another date for the next hearing. I tried to make the point that launching an action without being able to ascertain whether or not there existed a claim in law was not my understanding of court procedure, but the Sheriff said all he could do was adjourn it or send it to a proof hearing, although she did tell me I was doing the right thing by defending the claim. I am a bit disappointed to be honest, more so because the court is over four hours journey from my actual address, and clearly does not have jurisdiction over my case. After we had stood down the Sheriff and the Clerk were examining the copies of the letters I gave and mentioned jurisdiction to the pursuing solicitor but this was after the next hearing had already been called. I was told there was a process for getting the case transferred but that I should call the pursuing solicitors to find out about it - all seemed very vague. Not really sure where to go from here, and to cap it off, I lost my job last week which puts a whole new slant on things. I may not be able to afford to get to the next hearing as it stands.
  4. Thanks for that Andy, so the small claims expenses rules still apply for a Summary Clause? There wasn't any mention of them in the Summary Cause guidance notes; sorry to be annoying!
  5. I'm just writing my defence for this, which has to be in by the end of the week. Defence so far is on jurisdiction of the court / incorrect address, and I have also received a letter back from Cabot, unsurprisingly saying they do not have my agreement and that they will cease collection activity on the account until they find it. I've been using the excellent information on Deimosboy's thread, but am slightly concerned about the expenses part; on a summary cause these don't seem to be limited and I am worried about how much the claim against me could be if I lose? http://www.consumeractiongroup.co.uk/forum/showthread.php?447573-Summary-Cause-Summons-from-Cabot-clydesdale-loan-**dismissed**&highlight=Deimosboy%27s
  6. Gbeard it sounds like you are in exactly the same boat as me. Absolutely ridiculous. The Orange call centre were absolutely no help at all and did not call back as promised with the 'Manager'; I was basically accused of not checking my account properly - despite the account being perfectly up to date and showing no arrears, and being currently in use! I went through the online complaints form, and as expected, I received no reply either. It appears the Orange default was registered to my previous address too, despite my account clearing showing an address change for months previously - this is the same Orange that is 'Brought to you by EE'. I have sent the SAR off, and next stage will be a formal complaint via the creditquery email address. I'm recording all my phone calls too. Will be updating when I have more info, but I will certainly be challenging this all the way.
  7. Thanks for the responses. No the Orange account was not on a direct debit at the time it was upgraded. It's so frustrating. I would never have agreed to the 'upgrade' at all had I known it would been such a nightmare.
  8. Good morning all... I checked my credit files this week, and was rather shocked to see a default registered by Orange, last year for £65. Background is this: I have been an Orange customer for over 15 years, and towards the end of 2014 my handset stopped working and I decided it was time to upgrade and get a new one. Simple, or so I thought. I called Orange from my handset, and was quickly upgraded to a new contract by the representative who told me that my new contract was with EE but that it was all the same company and nothing would change. My account was not in arrears. The EE account has been running since, no arrears, no notification of outstanding arrears, until last week when I discovered the default and outstanding balance. I called 150 from my handset, and was transferred to a call centre in India where I was told that I had not paid my final Orange bill, which was strange as I can't remember the phone representative mentioning anything about it when I upgraded and I haven't received a bill or reminder about it and of course I am still an EE customer, they know exactly where I live and I still have the same number. I asked to speak to a manager, was kept waiting for 40 minutes, then hung up on and had to repeat the same process again. I finally got through to someone who told me it was my fault, they had apparently sent me my final Orange bill with an amount for the first months EE bill and insurance. This is even stranger; surely I would've been cut off if I hadn't paid my EE bill, and this is beside the fact that I was told nothing would change when I upgraded my phone? Orange told me I need to pay the DCA, and there is nothing they can do. I have received no correspondence from any DCA. Reading around other threads it doesn't look good for having the default removed, and I am so frustrated, as my credit file would be clean at the end of the year and I was looking to get a mortgage. It doesn't seem right that Orange/EE should be able to do this, and I certainly would not have upgraded my contract with them had I known, but understanding that mobile agreements are not bounded by the CCA I'm not sure how to challenge it?
  9. Thanks Andy, yes I've read through the links. I'm going to defend it on the basis of wrong address when my correct address was available and no paperwork. Cabot have still not responded to my request last year to write to me at my actual address. I would be happy to leave this and go for a set aside later, but do not have £150.00 to spend on it. Thanks for your help so far.
  10. I'm just posting the info from the claim form that was sent to me at my old address, in the hope that someboy might be able to give me some advice regarding a defence - bearing in mind that I wrote to Cabot before Christmas asking for them to contact me at my current address in the first instance, and they sent my postal order and reponse to first CCA request back to my current address. Many thanks in advance for your help (and for running this fantastic site). CLAIM FORM RECEIVED ** In Scotland ** What is the claim for – the reason they have issued the claim? Sheriff Court Statement of Claim The parties are designed in the instance. The named defender resides at xxxx Not my address xxxx. The defender has been so resident for more than three months immediately preceeding the raising of this action. The defender is domiciled there. The court accordingly has jurisdiction. There are no proceedings pending before any other court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another court. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Lloyds Banking Group dated xxxx 2014 xxxx the pursuer acquired the right to payment in respect of all debtsand other monetary claimsof any nature due or owing by the defenders to Lloyds Banking Group which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation. The said contract between Lloyds Banking Group and the defender is dated xxxxx 2007and relates to Credit Card agreement with the account number xxxxxx. The said account is in default and and the sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £3100.00 conform to a copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary. What type of action? Summary Cause Is the claim for a current or credit/loan account or mobile phone account? Credit Card 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 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 Why did you cease payments:- Spring 2012 Was there a dispute with the original creditor that remains unresolved? No although there are charges on the account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  11. Yes, thats what I suspected Renegadeimp, although I'm still not sure how to proceed with it. Old address is a family member and I really don't want them having to deal with/worry about it.
  12. Thanks Andy. I CCA'd Cabot immediately after this, using the template and enclosing a blank postal order for £1.00. This was returned two days later with a handwritten note and my original letter, saying that it could not be accepted unless made out to Cabot Financial. Meanwhile, on the same day, Shoosmiths served court papers to my old address. I have returned a crossed postal order again citing my current address. Just to reiterate, the OC has always been aware of my current address via my current account, and I have never tried to hide; I had no response to my letter dated before Christmas asking for Cabot to contact me at my current address rather than the old address. I'm reading through as many other threads as I can, but not really sure what to do now, or which address to use. I have just started my own business and really don't want the CCJ. I should also say that the debt would've been taken out under English law and I am now residing in Scotland-not sure how this may affect the process and I don't want to get anything wrong. Would really appreciate any input. Best, EL
  13. Hi everyone, haven't been on here for a while but wondered if anyone could lend an ear to this; I defaulted on a Lloyds Credit Card 3 years ago; it was linked to my bank account and I have never tried to hide my address from Lloyds, and still use the current account. I became a student again for a while and didn't hear anything about the card, until recently when I became aware that Cabot were chasing me at an old address. I've since received a forwarded letter sent to my old address from Shoosmiths, giving me 14 days to reach settlement before taking action, but the 14 days had expired by the time I received the letter. I have now asked for all letters to my old address to be forwarded to me. I would actually like to sort out the debt and reach a full and final settlement, and really don't want to get the CCJ; I wrote to Cabot and asked them to write to me at my new address; which they should have been supplied by the OC anyway, and have heard nothing. What is the general opinion on this; should I try and CCA Cabot now, or wait for the CCJ and apply to have it struck out? I don't want to confuse things further, but do want it sorted.
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