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Everything posted by McGoo72

  1. Yes but the case was then sisted in December of last year. I have heard no more until this citation arrived. Under the T&C's listed they have number 12: You are not allowed to transfer or assign all or part of your loan agreement or any of your rights or obligations under it without our consent. We may transfer our rights and obligations under your loan agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have other information about you. We may also arrange for any other person to carry out our rights and duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. I don't know if they have lodged this as a production. I have never seen a signed assignation, despite asking them to provide one. I can't engage the CAB solicitor now as I had received adivce from my union lawyers telling me to just sign a trust deed.
  2. This is the citation paperwork that was posted through my letterbox. I have never received anything from Cabot or their solicitors confirming they have, or have ever had, a deed of assignation. It all still seems very fishy to me as the original loan was for both myself and my wife, yet she has never received anything from them. Citation.pdf
  3. Sorry folks I was trying to read through the other thread. I'll repost their response to the CCA request once I can get it scanned CCA response from Cabot As I understand it the debt collector Cabot must give me a copy of the original loan agreement. You can tell from this that it has been copied many times and is certainly not from the original Cabot CCA return.pdf
  4. Update = received a court citation from sheriff officers for this Friday 26th. G6 form attached which has - "Cabot as The Pursuers respectfully move the Court to: 1 Recall the sist granted on 16 December 2015; and thereafter 2 grant Decree as craved together with expenses as taxed" This claim from Cabot ended up sisted after I got help here. They are now back. I need a bit more help please. I sent off a CCA request by recorded delivery 1st October 2015 to Cabot. They did not respond until 20th November 2015. That is clearly not within the statutory time limit. According to the info I have seen on here if it is not sent within this timescale they are in default of my CCA request BUT, how do I then get this dismissed? I can't find where it's written that because they didn't reply in time they then have no case in law. I think I will have to get a solicitor for this.
  5. Well it's now May and, as predicted here, Cabot have not been able to come up with the paperwork to progress their case. The case is sisted and will remain so until I don't know when. It turns out I was in a starring competition with Cabot, and I very nearly blinked. Sleekit gits.
  6. It would appear that when this arrived in court the sheriff sisted the claim. I haven't received a anything telling me what happened yet. I'm not sure if I need to contact the court or Cabot's lawyers to find out. I assume nobody else has had anything go to this stage in Scotland? I'm running out of ideas
  7. Ok I'll look at how to get this done. I'm not keen to go back to the original solicitor as he told me to get a trust deed.
  8. I'm just back from court. The sheriff very nearly ruled for Cabot as I had only submitted a skeletal defence and not explained it fully. He gave me another two weeks to get it sorted and lodged with the clerk.
  9. It's the skeletal defence attached to my first post. Basically denying their claim but I'm not sure if I now have to do it in detail.
  10. 11th November is the last day for making adjustments to the Writ or Defences. Will I have to go into more detail or just stick with the skeletal defence that I lodged?
  11. As predicted on here, it was a local agent who represented Cabot. She didn't appear to know the story and actually looked a wee bit shell shocked. My case was called two cases after a guy walked out of the court saying "Parasites the lot of you". I wasn't expecting the Sheriff to be in a good mood after that but it went well. The Sheriff was very patient and explained everything as we went along. It only took around ten minutes but I'd waited for two hours by then. She asked why I was opposing the motion and I said it was because I was certain Cabot did not have the paperwork and were stalling for time. I said that this had been hanging over me since August and I wanted it dealt with as soon as possible. She agreed I asked if I could lodge my own motion to have it dismissed but the Sheriff explained that it has to be done 7 days in advance and lodged with the Clerk's office. I would also have to pay another fee. As the Options hearing is 25th November she said it would be better to wait. She said I would need to talk with a solicitor as 11th November is the last day for making adjustments to the Writ or Defences.
  12. Just back and still elated. My opposition to their motion was upheld by the court. I did try to lodge my own motion to have the case dismissed but the Sheriff explained that there was no need as that will be the likely outcome at the next hearing. Explain more later
  13. I delivered this to the court today and had to pay £47 to lodge the opposition to their motion. Hearing for the motion set for next Wednesday. I'll get everything organised and hopefully get it dismissed and claim my expenses back.
  14. Ok I have been to CAB today and they were very helpful. I couldn't get a meeting with their solicitor as the court proceedings have already started, meaning I would have to actually appoint them before they will advise me. I have attached the blank G9 to this post. I think I have filled it out correctly: Form G9 Form of notice of opposition to motion or minute Court Ref: ##### SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE AT FALKIRK NOTICE OF OPPOSITION TO MOTION AT FALKIRK SHERIFF COURT in the cause CABOT FINANCIAL (UK) LTD having their Registered Office at 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA PURSUERS Against ##### DEFENDER Notice of opposition to motion given by ##### to CABOT FINANCIAL (UK) LTD 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA and Solicitors Optima Legal, RWF House, 5 Renfield Street, Glasgow, G2 5EZ by First Class Recorded Delivery on 20 October 2015. Date: 20 October 2015 ...................... Defender ###### I will deliver it to court Sheriff Clerk tomorrow in person and get a receipt. I will then send Optima Legal a copy. I was also wondering if I should send Cabot a Subject Access Request?
  15. I think deimosboy must be able to see into the future I received the attached letter by recorded delivery today. It would seem that they do not have any of the relevant paperwork, as you rightly predicted.
  16. Again. Many thanks for the reply. I'm trying to sort everything out in my head and get a plan of how to deal with this. I'll get back to you with more questions soon no doubt.
  17. I sent off the CCA request to Cabot on 1st October. I reckon they get until the 21st October to reply. What happens if they don't respond at all?
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