I believe it was simply dismissed, thinking it over now I guess I should have mentioned and pushed for the absolvitor.

I assume if they tried to bring it back then it would count from now so it would be statute barred?

I assume I'll get something through the post if not I'll ring the court on Monday.

Apologies, I never ended up sending the IA.  I had looked out the CCA replies they had sent, but couldn't find the last one and some other nonsense in life took over.

alas, I got to court today and their rep said they'd dismiss without expenses, sheriff asked if that was ok with me. 

I just said yes, I just wanted it all to end.

So thanks for all your help dx!  

i'll fire in a donation and hopefully this helps someone else down the line. 

so it's nearing time of the review and I haven't received anything.

"Orders the progress of this case to be paused to enable the Claimant's to locate the credit agreement; thereafter, Assigns xx August as review of the same"  

So it's just another case management discussion?

Sorry, I hadn't realised it was so soon.

Just back from the case management.

Sheriff paused it for 6 months to give them a chance to get the paperwork.

I tried to put my points across, I guess not very well.

Ah we shall see what they can make up

got through to the sheriff clerk today,

she said there was a note on the case stating that the case management discussion is going ahead and the application to pause and my objection to will be discussed there and that they received the email I sent when they failed the sheriffs order.

Just said I was to turn up. Guess its a waiting game now.

I sent the email away this morning, included those points and attached cabots reply. however i have been unable to call as the number isn't working.

on their page it says the phoneline is down.

https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court

I will keep an eye on it and try again later.

I objected with the points you stated in post #56.

Sorry, I figured that was all I really had to say, shame this hadn't arrived sooner.

I have already emailed my reply to the pause application. It was due by the 25th so I replied a few days ago.

The date is 30/01 so this Wednesday. I shall get the e-mail typed up ready to be sent Wednesday morning.

Thanks for all your help! I feel we might get a reply from the sheriff over the pause application before then but we shall see.

Received a letter from Cabot today titled an update on your request.

We're still processing your request, we have contacted the original lender for the relevant information.

As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement or decree against you in court.

Any use? Or are we hoping the judge rejects the pause application.

Hi!

I received the standard cabot CCA reply today, don't have info on file so will request info etc. update in 12 days.

Also received a letter for nolans saying they have asked the court for it to be paused. I have attached.

seems bad form considering they stated they had the credit agreement.

Pause.pdf

I received this today from the court.

I have just checked the tracking for my CCA return and it hasn't updated since the post office...

Should I resend it? I fail to see how it couldn't have gotten there.

upload2.pdf

So I've posted what needed posted.

It's just a waiting game now, apologies for the last few posts was just getting worried I had messed things up and confused myself but i think it's all in order now.

Thanks for the help so far, it's greatly appreciated.

Yeah and it is the date they confirmed on the phone but I know I had sent a token payment later that I can see from my rbs statements. It's the moorcraft payment in Feb 2014 that's the problem.

I'm sorry, I've just confused all of this.

Sorry, I'm not explaining it well.

The SAR contained bank statements for all my accounts, a separate section labelled information from our internal systems and a section from the loan department.

The part I'm querying is the last loan statement ends sent to recoveries but I don't have any information from that department.

As far as I can see everything else is correct.

They were paid from a bank account held with them too. I've got the statements there, I had sent some token payments from an rbs account after.

The information I have from the SAR had loan statements up until mid 2013 where it just ends with the line passed to Lloyds tsb recoveries and that's that.

Got everything printed out today, will check it all over before I post it later.

Thanks for your help.

Received a reply from TSB this morning, they have contacted the departments again for a thorough check and they came back empty handed. Suggest I send a SAR to Lloyds, which I already have done. They ain't got anything either.

Just seems strange, clearly my information got passed on. Why isn't there any record...

I'm doing the form now, struggling to get all the text into the D1 section so i've made it a separate file that I will attach. I assume the court will be happy to receive it via e-mail?

Shall I just include the CCA and postal order with a copy of my response to nolans?

I was going to post and respond tomorrow as the last date is the 4th

just to check i'm sending the CCA to cabot with the reference number they use or nolans with the reference number in the claim (the original loan number)?

I've sent them an e-mail to that effect, tried calling over the weekend but no dice and I doubt i'll have much luck tomorrow...

As this is due by 04/01 and after reading threads I presume the best course of action would be to

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland(1-Viewing)-nbsp follow post 3 on that, get a CCA fired to cabot as soon as I can.

I feel a bit silly about it all, guess the CCA should have been done earlier I had just hoped the SAR would help illuminate things

Thanks for all your help!

I have letters from Lloyd tsb collections with statement and default but the very last line is referred to Lloyds tsbrecoveries.

I have just got off the phone and they say they reached out to recoveries and external agencies but received no reply so there was nothing to include in my full dsar.

I would have thought there would be some sort of mention of debt collection

I received the SAR today. Certainly lot's of paper!

Only real thing is a reference of it being transferred to collections mid 2013.

Should I have received stuff from collections in the SAR?

It was to provide branch verified copies for my SAR.

They had mentioned the last payment they could see when I called but I was hoping the SAR will provide some more information. It's just taking a little longer than I'd like

I haven't! I'm just waiting for a letter from TSB.

They replied quickly enough but they want me to go into branch to collect it so I would have expected that a few days ago but I guess the holidays mess things up ...

Thanks dx!

I'll keep on reading more threads, i'll make a point do some research a little bit every day.

That's good news about the decree, that is what she is most worried about. It is defaulted on my CF 06/13, oddly the value on my credit file is £100 than what is on the SPC.

I'll await the SAR, I shan't forget.