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Gerald1990

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Everything posted by Gerald1990

  1. Thanks andy, dx. Thats some interesting info, so it would seem that they couldnt issue a new default notice during litigation like they suggested? and if either original party has not executed the agreement properly (by not signing) does that mean assignee is not allowed to enforce or request money under the agreement? for a simple procedure there is a lot of complicated language! dx do you think i should be sending my responses to this and the last ia to nolans as well as the court? cheers.
  2. cheers dx, do you think i should send them my reply to the last IA that they request under the current IA?
  3. well they are still trying to put up a fight! i have got a week or so to reply to a new incidental orders application, again i would be really grateful for any help with this. no hurry this time! page 1 and 2 reply to the first incidental application by the sheriff saying that he will postpone and provide notes. pages 3 through 12 are the fifth written orders - the sheriff just running through what happened at court back in September and his opinion on what happens next he says nolans should request a hearing if they want one. pages 13 through 16 a new incidental application form, nolans requesting a hearing but not before receiving the documents i have sent to court (my reply to the last incidental application which never said i had to send them a copy) cheers docs1 .pdf
  4. i think it must of been the 12th october it was received. thats great dx thanks, im sure email will be fine they have received everything ive sent before.
  5. yes just copied from that thread you linked me too, even nolans were impressed when the judge showed them lol
  6. i think pleading ignorant sounds the best way, just because it is on my report doesnt mean i was notified as i should have been?
  7. jd williams letter says we sold your account to cabbot on 02/06/2016 and on statement of account from cabott it says date assigned 08/06/2016.
  8. hi dx, yes its on my credit report. Cabot Credit Management Group Limited Account start date 31/03/2015 Opening balance £ 1,029 Repayment frequency Monthly Date of default 02/06/2016 Default balance £ 1,029
  9. no i just said the bit about having financial dealings with them before, i tried to take your advice and said very little. the sheriff at one point said something along the lines of me accepting the debt but disagree with it on technicalities and saying thats fine i cant remember exactly what he said but at no point did i admit entering into the agreement.
  10. unfortunately it was sent recorded delivery, just worried about what it says on the front of the form, "if you have been sent this form: if the court grants this application then it will make the orders which have been asked for below, you must fill in part d of this application and return it to the court within 10 days of it being sent to you" could i just say on d1 they have not satisfied my cca request with no signed copy of the agreement or default notice?
  11. yes it comes from the fleecers but i have to reply to the court, yes it was filled in but all it says is "see attached" which is the 2 sheets of paper saying they would like it dismissed etc never any agreement signed and returned. i just have to email the court my reply today to be within the 10 days i had. New Doc 2017-10-22.pdf New Doc 2017-10-21.pdf
  12. hi, this is the content of the pdf pages 1- copy credit agreement unsigned by myself 2-terms and conditions from credit agreement 3-letter from cabot referring me to nolans 4-statement of account from cabot 5-letter from jd saying account sold to cabot 6-letter from cabot confirming they have bought the account 7/8-notification letter between cabot and jd for account sale 9/10/11- statement of account transactions from jd Williams thanks. docs return.pdf
  13. I received a letter around 10 days ago, was waiting to see if i got a letter back from the sheriff before i uploaded it here, I have just read it again and seems i am supposed to reply within 10 days its form 9g incidental orders https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_9g.pdf?sfvrsn=6 the only part on the form with info was attached on a separate sheet which i have uploaded also the extra evidence was the purchase deed redacted, would of been interesting to see how much they paid for it. any advice on a reply to d3 would be very appreciated : New Doc 2017-10-21.pdf
  14. Interesting morning! Greeted by 2 nolans solicitors a couple of minutes apart both pushing for a settlement! Asking what my position was today, i said I was in it for the long run! Waffles on to sheriff about how because I received goods i should be expected to pay for them and saying the default notice was trivial. Sheriff said my defence was based on a technicality but said I was quite within my right to do so. Said the 4 points with the cca request, the statements had been produced ( cant remember th 4th point) and the credit agreement really just left with the default notice which the claimants said they were expected to obtain although nolans tried to say again it wasn't necessary to prove it wasn't given hearing set for 1 November, for proof. the sheriff said the claimants would have to decide from a commercial point of view whether it was worth it financially as it would be very expensive for them and expenses limited to £100 from myself! He also said to get advice from my advisors who had helped me so far! Cheers ��
  15. so just had a look through everything seems they have : 1) letter from jd williams to myself confirming they have sold account to cabbot 2)9 letters from cabbot asking for payment etc 3) account transaction history showing purchases intrest etc 4) copy of credit agreement with jd williams (unsigned by myself) think i still have a chance? any advive for case management on friday? or should i just admit defeat
  16. the pdf above has a copy of credit agreement and this pdf has details of the letters etc they have sent the court (mutipage pdf scroll down) http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=68623&d=1501430744
  17. its on the bottom of the pdf above, page 4/5 bit hard to read though im afraid. i hope it goes the same way dx although that case seemed to have no paper work and mine has the credit agreement, purchase lists, all the letters asking for payment asignation of debt etc!
  18. they sent me the list of authorities they intend to rely on about 2 inches thick of paper! 1) section 78 of consumer credit act 2) section 87 of consumer credit act 3)p mcguffick v royal bank of scotland 4)rankine v american express today i received further evidence they sent to court, a copy of the credit agreement! unsigned by me i might add. cant really use this now i dont think? " use: I have had financial dealings with [original Creditor] in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information." cheers New Doc 2017-09-05.pdf
  19. just re-reading the court orders for the case management on 08th september and the sheriff says " the claimants are ordered no later than the 31st august 2017 to lodge with the sheriff clerk copies of the case law and fca guidance upon which they rely and any other legal authorities they think would assist the sheriff in deciding these issues. These must be accompanied with a "list of authorities" They must send copies of these documents to the respondent, and confirm they have done so to the sheriff clerk also before the 31st august 2017" I have not got this from nolans yet and if i dont receive it would i still have to go to court?
  20. hi, my apologies for not keeping you updated life has been a bit hectic lately i sent the court a pdf file about the flaws in the rankine case you recommended i received a letter from cabott about the cca request saying they would contact the original lender to try and get the agreement etc they acknowledge it is unenforceable without it! i received a letter from nolans which had copies of all the letters from cabot the letter about transfer of debt from jd williams and a full account transaction history which was around £800 when i couldn't afford to keep paying, admin fees and interest after that. and finally from the sheriff asking me to got to a case management hearing on the 08th september, some of what he has to say is interesting! I will have to contact the sheriff clerk because i wonder if i have missed a letter asking me to send any evidence to the court like nolans have. I am wondering when i am there what i should say if the sheriff asks if i admit the debt is mine etc? cheers docs2.pdf
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