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Everything posted by Pete_the_Postman

  1. Apologies for the delay. Didn’t see your post. Case was paused and has finally been withdrawn as they were unable to comply with my Section 77 request. Many thanks for your help and guidance. It proved invaluable.
  2. No. Nothing as yet. Apparently somebody will be in touch shortly from the "Mediation Clinic". Until then, the case has been paused by the Sheriff for 6 months.
  3. Hi dx, Apologies mate. I didn't see your posting. The Sheriff has paused the case again pending the outcome of mediation. Haven't received any further updates yet or correspondance yet relating to this, other than the letter confirming the pause.
  4. Apparently my case has been paused again as the Sheriff believes that madiation is the best way to resolve things.
  5. It is quite literally a printed copy of the Consumer Credit Act 1974 (22 pages in total). Will upload a copy of the first page tomorrow when I get access to a scanner.
  6. Just received a 20+ page document fron Nolans as part of their submission arguing that that "the evidence contained within the First List Evidence, the respondant should not be entitled to absolvitor". The remaining document is simply a copy of the Consumer Credit Act 1974.
  7. Hi dx, Apologies - I misunderstood what you are asking. The answer is "YES". in D2 enter: . The claimant avers in its particulars that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX 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.  2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years I actually cop
  8. Hi dx, I double-checked and none of the below has ever been received by me: The Signed Consumer Credit Agreement The Notice Of Assignment The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8 When I submitted the Incidental Application, I enclosed a copy of the letter from Cabot advising that they couldn't comply with the Section 77 request. I also requested the sheriff to issue an "decree absolvitor" as a result. Nolans have ojected to this application. Still hoping that Nolans give up
  9. Hi dx, Latest info is: "The court has received an Incidental Application from the respondant". That will be my letter from Cabot advising that they cannot legally proceed with the case. "The Sheriff has received an objection from the claiment to the Incidental Application". I have now received notification that the sheriff has ordered the case to be restarted.
  10. Checked with the clerk and was advised that the Incidental Application was received ok, but that Nolans had "objected". Stil a couple of days of the window to go, after which it will be reviewed again (?)
  11. It's been just over a week since I re-submitted my Incidental Application, this time using the official form. I also stapled a copy of the cabot no cca letter to the courts copy as suggested above. Will check on Monday that all is ok. In the meantime Nolans have sent me some more credit card statements. Will keep you advised, and once again many thanks for your help and guidance on this one. Best regards, Pete
  12. Very true. That was not the form which I completed. Mine was just a simple one page form. I will completed and re-post. Do I need to send a copy to Nolans also? Many thanks, I phoned and the clerk advised that he was unsure as he hadn't dealt with it personality. Will fill in the above form and see what happens Fingers-crossed.
  13. Ok, latest update is as follows: The Sheriff Clark Depute returned my Incidental Application Form advising "I hereby return your Incidental Application Form as this is not in the correct format under the Simple Procedure Rules. Please re-submit in the correct format, together with proof of service on the claimant." The form was downloaded from their site. I have uploaded a copy of the submitted form, having first replaced any identifying data with ********** characters I did not send a copy to Nolans. Not sure what was wrong with the form? I did
  14. I checked with the clerk yesterday and was advised that the documentation which I has submitted hadn't been processed yet as the case was currently "On Hold", and they had a backlog due to staff illness. However, now that he was aware of the contents he would ensure that it was processed this week. The documentation contained the "Incidental Application " + letter from Cabot + email to/from Mediation Clinic. I will check tomorrow that it has all now been logged, etc. Thanks for all your help so far - it is much appreciated Best regards,
  15. Hi, Latest update is that I sent off the "Cabot Letter" advising that they couldn't take any further legal action as they could not meet the Section 77 criteria + a copy of my email to the Mediation Clinic / their response. This was to help show willingness on my part to follow any suggestions of the court. As per the Court rules I also sent a copy of the same info to Nolans. The cheekie buggers then sent me an EMAIL (clearly they lifted my info from the info which I sent them) advising: " We note that you have submitted a letter from our clients confirming that
  16. Received a letter today from Cabot advisng that they were unable to comply with my Section 77 request. The letter states "This means that we are not permitted to obtain a judgement or decree against you in Court". Do I do anything, or wait for a "cancellation of the court action" to come through? Best regards, Pete
  17. Will do Fyi: I received a bill this morning from Cabot for £90, for "legal costs". They helpfully included various ways that I can pay!!!! Needless to say, I will not be paying it. Chancing gits that they are. I will be more than happy to send them my bill.
  18. Do I do anything in the meantime, or just wait until the other side reacts?
  19. I suspect that I can complain to the ICO since part of the information they sent me is unintelligible. My very limited understanding is that any documentation which they send must be legible.
  20. Fyi: Still no response from Cabot regarding my Section 77 request, although Nolan's request for a postponement specifically stated that it was due to my Section 77 request.
  21. No electronic sign up. 1: Credit Card Agreenent 2: All letters sent by Aqua 3: All letters received by Aqua 4: Statements from 17th Nov 2013 to 18th Jun 2017 5: Account History No sign up agreement. The Credit Card Agreement is simply a generic copy of their terms and conditions which anyone can download from their site.
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