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StressBall

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  1. DX - quick update and question... Still waiting for the lawyer to get me stuff from his archives to send to Cabot. They are still calling, writing, texting, and now, I guess having trawled social media, have called on my business line - a freephone number, no less... Are they allowed to contact people through their place of work? I know the simplest thing is to just send them the absolvitor stuff, and head them off at the pass, but they've really annoyed me now. Is there anything else I can do that would shut them up a bit? Should I send a SAR letter, or FOI req
  2. DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot. Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
  3. I'll have to dig out the paperwork - will take some time, but should be able to find it... nothing bad for me?
  4. may I ask what? Surely a statute barred debt is a statute barred debt, no? or is it down to how I should play it with them?
  5. Hi DX, without going thru tons of paperwork and stuff, I am not sure, to be honest. But I don't think so. Does that make the outcome/course of action different?
  6. I have an old debt - it has been statute barred for a couple of years now. OC was Citi, I think, but they doubled my interest rate overnight, even though I was paying faithfully every month, so I decided to stop paying and challenge validity of the contract. They are now referring to it is 'Opus', and not 'Citi' but I was never informed about a change of name or reassignment of the debt. Cabot started sending letters - first letter stated I had pad £0.24p and it was now time for me to start paying the rest. They are also calling me on my mobile - a number
  7. Humble apologies DX, et al, I was utterly convinced that I had updated on this at the time... I had to read back the thread to see I hadn't - very remiss of me, sorry... I think I was confusing it with the update/conclusion on my own case... So, regarding my friend's Cap1/Cabot thingy: the account was clearly statute barred, and were told this, but they still pushed for the court date. As such, I attended with my friend, and when the case was called, and I told the Sheriff that it was statute barred, the local solicitor they were using to represent them acknowledged this right away - as
  8. I print high quality prints for photographers and artists, and run a photostudio for photographers to hire, I know how much they supply digital images for. £375 for 5/6 images is vastly inflated. As chr0m4t1c says, you might have an argument based on this. Worth contacting a couple of local photographers (or even just checking websites/facebook pages) to see their rates, as different parts of the country will vary. Most photographers offer way more than 5 images, for a start, and usually charge, on average, £15-20 per digital image. Digital only packages tend to be ar
  9. DX, sorry - u said 'ring cap 1 and ask' - I assumed u meant about the cabot licence - must have read it as 'ring cabot and ask' - didn't know you were referring to the statute barred status. We were waiting on the SAR to check what info they had for my friend, but as this still hasn't come, a few months down the line, I'm thinking that Capital one don't have anything at all? Should I email Shoosmiths for her, and point out the statute barred status now...?
  10. DX - hope you pick this up (again!) OK, so this recent summary cause I'm helping a friend with. To recap - £4k debt, shoosmiths chasing for cabot, on a capital one debt they have purchased. Friend checked their credit file, and it defaulted JUST over 5 years prior to the summary cause being served, which means she's had no contact with capiltal one (original lender) for 2-3 months prior to this. As such, I'm certain that it is definitely statute barred (Scotland). Anyhoo, we went to court in August, on the original calling date, sat for an hour, before a clerk pulled us aside and sai
  11. DX - hope you pick this - didn't wanna start a new thread, and have read other threads where you commented on this subject, but just wanted a quick answer from you please...? OK, so Cabot Financial (UK) Limited have instructed Shoosmiths to issue a summary cause, for some £4k, to my friend. It is for a credit card debt, and she thinks the debt is statute barred - but she hasn't kept any previous correspondence, and as she can be a bit flakey(!) I'm wanting some extra ammo for her defence of the action... It is a pre 2007 agreement. I have cca-ed Shoosmiths, and they are saying this m
  12. Cheers DX, awesome as usual.. . So, the default usually occurs a couple of months after you stop paying them, and they lose patience chasing you? ;-) How about the serving of the papers? Is it simply suffice to say you witnessed it, then pop it thru someone's door? Surely that is someone's word agains yours? At least if you sign for a recorded delivery it carries some weight, as does being presented them in person?
  13. DX, or anyone, can you help with a wee quick question (or 2) please...? Thought I'd just use this old thread of mine, rather start a new thread - hope that is OK? My friend has been served with a Summary Cause (Scotland).. . I have sent a CCA request, on her behalf, and await the outcome. It is pre 2007, and by the looks of her credit file, the default date on her account was just a week or two OVER 5 years ago, from the date on the court paperwork - meaning, I think, it is already statute barred. She assures me she's not had any contact with them, nor made a
  14. You know what DX, they are relying on people to be too scared/too busy/too stupid/all of these in order to steamroller it thru the court and get a decree. It's like a game of poker, I guess. They are bluffing they are holding a good hand, but in actual fact, have nothing. .. I think a Judge, or Sheriff, should have to see the paperwork/proof of debt before they grant any action against the defender, as a matter of law, but sadly, that's just not the case...
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