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McGoo72

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Posts posted by McGoo72


  1. Had your recieved the CCA before the last time you were in court?

    Yes but the case was then sisted in December of last year. I have heard no more until this citation arrived.

     

    Someone will confirm if the contract terms are enforceable.

     

    However if you read through the terms (I don't have time today) to see if there is any mention of assignation, novation if not you have a defence.

    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.

     

    Have they lodged this with the court as a production?

    Have they lodged a production and/or have you seen an assignation agreement between themselves and original lender?

    It is likely they will be able to provide a signed assignation to produced for a proof diet.

    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 think you need to engage the CAB sol's to give you definitive legal advice and comfort when you go to court. Arguing the no term/clause to allow the assignation is not something I would personally take on in an ordinary cause, summary cause yes but the formality of the ordinary cause the sheriff has less discretion.

    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. 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


  3. 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.


  4. The skeleton defence I would have thought be sufficient.

     

    It comes down to them having the paperwork as the motion for adjournment/sist has been declined.

     

    I would suggest that the sheriff is with you at the moment and they know they have to lodge the papers or it is dismissed so you have to bring her the sheriff with you when you are called to speak.

     

    Don't get personal issues like stress or worry involved its the law its not about that, its about procedure.

     

    So when called to speak after they don't produce the papers ask for dismissal as it is up to the pursuer to prove their case and without the paperwork that simply is not possible.

     

    Procedurally i don't think you can get decree absolvitor without the case being heard but hey ask for it and let the sheriff tell you otherwise.

     

    Fingers crossed they don't have the papers. If they do, ask the sheriff for the longest period for the next calling to engage a solicitor (this only really is to give you time to get the trust deed in place).

     

    Remember dismissal is essentially only a stay of execution as such. The worry will be that at some point, until time barred, they find the papers and lodge another claim against you

     

    . Going back to your first post you were running to get a trust deed this may be ultimately where you end up but whether you have to do this or not is outside your control so should not let it stress or dominate your life.

     

    All you can do if they have the papers is defend it or trust deed to protect yourself so you have options. So when it is dismissed move on and don't rush to check the post every morning live your life.

     

    And remember to ask for expenses with the dismissal.

     

    Many thanks once again deimosboy. You've helped me out enormously.


  5. 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.


  6. 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?

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