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Chr1sG

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  1. Apart from being extremely difficult to get through to a person at Vanquis without a valid card number, their customer services couldn't find my wife–presumably because the account is now in default and sold on. So it will have to be a letter. SAR with a tenner, I think, and assuming that no response is received in time, then we will have to ask the court to delay the case. Can I use a cheque for the SAR fee, or is a postal order safer?
  2. A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago. I am aware of other communications directly from Nolans to this address, though I have no idea what debts they relate to. We also had one from Nolans is to our current address, followed by at least one more to the old address. Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients. Should I send an SAR or CCA Request to Nolans? The details of the claim are: 1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter. 2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974. The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis. The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same. The said sum of £1103 is the sum sued for. The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so. I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before. My thinking is that our best defence is that the debt is too old and hence statute barred. However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them. Should this be done by phone, an SAR and/or CCA Request, or a specific letter? Who should we ask–all three? Do they need payments included? I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too. And the amount may not correct. I intend to respond to the court that we will defend the claim before the return date. However, I expect that we will need to ask for a sist–delay to get the information we need back. No account numbers except for Nolans reference.
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