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Everything posted by Gerald1990

  1. So just to confirm, this is the official outcome: on the motion of the claimant, there being no objection, dismiss the claim with no expenses due to or by either party. Thanks again folks.
  2. I definitely didn't get an abondenment notice although I did get a message left with the other half on Friday saying I needed to contact them urgently before my case hearing on Monday, I'll ring up the clerk tomorrow and find out.
  3. not too sure to honest Andy, i believe both terms were used at some point but unsure of when!
  4. So got to court this morning, a local solicitor had a word explaining nolans had instructed him to ask for dismissal with no expenses to either party. I said I would like expenses he said he didn't blame me looks like it's been a mess right from the start! I waited to go in front of the sheriff and the local explained the situation to the sheriff he told me he didn't want to put me off ...and then proceeded to put me off! he said for expenses there would be another procedure I would have to work out my expenses, there's a table of fees, I would have to omit to the other party etc. I got the feeling he didn't want me wasting any more time and I don't blame him as he has kind of been on my side from the start holding nolans to script proof, I am quite happy with that and didn't want any more stress so I said I would just leave it. I really would just like to thank you dx and Andyorch you both do amazing work here. Cheers.
  5. so just browsing and came accross this post https://www.consumeractiongroup.co.uk/forum/showthread.php?281328-Can-a-DCA-issue-a-Default-notice-after-the-account-has-been-assigned-to-them&p=3173037&viewfull=1#post3173037 "this is where dca fall flat on their face if the debt has been assigned in this case with no termination or default notice from the oc, then the assignment is illegal and as the oc has infact terminated the agreement by selling, all you will be liable for are the arrears up to the termination" is this the same as what nolans are saying by just claiming for the arrears?
  6. Thanks Andy not sure why nolans think I need to discuss a diet of proof then! This is the written orders calling for the hearing. When requesting the hearing they said a default notice isn't required if the creditor is only seeking arrears, but like you said Andy, they aren't the creditor so I think I'll be fine with that along what you said dx, about jd defaulting me on 2/6/16 and assigning debt on 7/6/16 not giving the required 14 days. New Doc 2018-03-22.pdf
  7. Never had an IA to send back this time, the hearing is just to decide on points already made as far as I can tell.
  8. the last IA was sent but got an email saying it was submitted too late, which led to the sheriff telling them to ask for a hearing if they wanted one which they did but on the understanding they didnt think a default notice was needed. only asked the clerk if any more evidence was submitted.
  9. Ok I won't bother! Although I wish I knew what they were ringing for! Just off the phone to the sheriff clerk, they say nothing else has been submitted by nolans since last time I was at court.
  10. so just noticed a message from nolans on the answer phone looking to speak to me, lady on the phone left a number to call them back on tuesday, not sure how they got my number actually, think i should ring them? cheers
  11. do you mean tell them about nolans not submitting any new evidence? i will give them a ring on monday and see what they say, cheers.
  12. thanks dx, i still have time its a week on monday (the 26th). by tips i think i was looking for what to say/not to say really? dont want to dig the hole any deeper.
  13. Hi folks nearly that time again any tips for court next week? i have not received any post from nolans i dont think they have submitted any new evidence (i think i read it had to be in 10 days before the hearing) that should mean no default notice and no signed agreement hopefully the sheriff will go with the agreement not being executed properly? cheers.
  14. Just seen an email received form court yesterday, hearing set for 26th March, plenty of time to work something out! Hope everyone had a good Christmas and all the best for the year ahead.
  15. Cheers fellas. I wonder if nolans thought because they read my response to both incedentals they assumed the sherriff had too? And since sheriff never made an issue of it assumed they could still play that angle? That would be great if you could andy thank you.
  16. they never give up! so another incidental orders application just them asking sheriff for a full hearing, do you think i need to reply or just roll with it? i could even send the last response again since it was too late for consideration last time? cheers. New Doc 2017-12-17.pdf
  17. bloomin typical! just arrived in the post this morning, sheriff seems to have took a stern tone with them I think. 2.12.17.pdf
  18. hi, dx thank you very much for this, i hope your mrs gets well soon. I was wondering would this work even though its " Cabot Credit Management Group Limited" under the lenders name on my credit report? what if they can explain why the dates dont add up, then i have gave them evidence of the agreement which they might not of had! just a thought and i am sure you will set me straight! Once again dx its really appreciated.
  19. hi dx, if you get a chance to have a look that would be great but please dont worry if you cant, i can just send tomorrow as is.
  20. any thoughts/additions to this would be appreciated before i send it D2 should the court make these orders - no. What relevance in the respondent admitting or not they did sign an agreement is immaterial as it seems nolans/cabot have raised a speculative claim without holding a signed copy of an agreement or a default notice and are being evasive when asked by the sherrif to provide these. Nolans and Cabot cant state anything or question legal points of the CCA1974 as its all a process that can and only be carried and followed out by the original creditor JD Williams As an Assignee claimant they are only debt collectors, not the creditor in this process and therefore cannot correct anything done or not done before assignment of the debt. If the Creditor (JDW) has failed to adhere to the CCA1974 section 78 or /and sections 87/88 of the legislation by providing default notice and a signed agreement then the assignee is not allowed to enforce or request any relief against the agreement. Perhaps before any hearing date is set time could be given to nolans to provide the court with a signed agreement and default notice. I was unaware that I had to send copies of my reply to the claimant as well as the court as it does not state this on the incidental aplication form. However i have emailed them this response and my previous response as requested.
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