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Buzz1024

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  1. Hi - I've not been on here since my last post but it looks like I've not logged out since my last visit. I phoned Edinburgh Sheriff Court this morning as had heard nothing since submitting the defences and was just curious - only to be told that there is a case management meeting tomorrow morning! just got home to a bundle of paper from Shoosmiths - a copy of a signed agreement (with a signature that doesn't look like my wifes) and a pile of statements but not covering the whole period (appears to be online gambling - neither of us are gamblers) - this should have been supplied 14 days ago! there's no default notice or anything else with it. My wife still has no idea and I've never seen any mail in relation to this. One thing that concerns me is that the address is now magically correct I have copy CT accounts and marriage cert proving name change and proof of residency to take with me tomorrow. I'll update once tomorrow is done
  2. Have already started on a list of what to dig out. Once i've done that i'll speak to police & action fraud. The property she was in was a rental and there were issues with the landlord - which ended up costing them both income & their landlord registration so I have my suspicions.
  3. yep - copied verbatim. I think the work experience kid must have written this one. apart from the amateurish claim - it's all academic from our point of view as my wife did not take out an Aqua cc using her maiden name at a previous address - so do I just deal with it via the court or do I need to report this to the Police to get them to investigate and treat it as fraud?
  4. name the issuing court: Edinburgh Sherriff Court Who Is The Claimant: Arrow Global Limited Who Are the Solicitors: Shoosmiths What type of action? (simple/Ordinary): Simple What is the claim for – 1.The said contract between the original owner and the respondent is a regulated credit agreement in terms of section 189 of the consumer credit act 1974. 2.It is dated 16/11/2012 and relates to a credit card issued by the original owner for aqua credit card with account number xxxxxxxxxxxxx. 3.on numerous occasions between 16/11/2012 and 29/01/2016 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. 4.It was a term of the agreement that the original owner would issue statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. 5.By the nature of the said agreement the payments to be made each month fluctuated from month to month depending upon use. The last payment made by the respondent thereunder was made on 9/6/2015 in the sum of £100. 6. It was a term of said agreement that a failure to meet any payment on a due date would render the account in default and would entitle the claimant to serve a Notice of Default on the respondent requiring the respondent to remedy the breach within 14 days failing which the agreement would be terminated. 7.On or around 29/01/2016 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default. A Default Notice was issued to the respondent on 29/01/2016. 8.The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. 9.The account remains in default. The sum due in terms of the said agreement amounts to £2957.50. The right to receive payment of the sums due in terms of the said account vests in the claimant. last Date Of Service:- 08/02/18 Last Date For Response:- 01/03/18 What Documents are listed in Box E2: " a copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon" Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Credit Card from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no When was you last payment:- have never made a payment Why did you stop payments : never started payments Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No My wife did not at any point take out a credit card with Aqua. and certainly not in her maiden name at a different address.
  5. first of all - I managed to get another case dismissed back in August thanks to the fabulous advice on here - this latest query is a wee bit different though. My wife has just received simple procedure paperwork today from Arrow/Shoosmiths for a supposed Aqua credit card debt. This is going to be fun as the paperwork was addressed in her maiden name and to an address that she was not living at the time the card was taken out - the address being next door to where we currently live - yes, I married the girl next door! we were married and she had been living with me for over a year prior to this card being taken out - and neither of us know anything about it. personally, I suspect that this has been fraudulently taken out. We have a very open financial relationship so it's not a case of her hiding anything from me. The Sherif officers have delivered to our current address in error obviously assuming that there had been a typo in the address. I can prove that she moved in over a year prior to the card being taken out. She can prove via her banking that she has never paid to an Aqua card. Also we can prove that we were married at the time and that she had changed her name. How do I proceed with this one?
  6. Well - that was a fun morning - no-one from Nolans turned up so case dismissed. The Sheriff was not impressed with Nolans letter - even described it as load of rubbish and not worth much. my advice to all is to do your research and make sure you turn up to defend yourself. It was a lot more relaxed than other courts ive been in (in relation to other non financial matters) and the sheriff was very down to earth and didnt waffle on in legal speak.
  7. Got case management meeting in the morning so have been reading up - I'll stick to "admit nothing" and will question Nolans inability to provide any paperwork to back up their claim. I'll update tomorrow once I've been.
  8. name the issuing court: Edinburgh Sheriff Court Who Is The Claimant: Cabot Financial UK Ltd Who Are the Solicitors: Nolans Solicitors What type of action? (simple/Ordinary): Simple What is the claim for: 1.On 14/05/2010 the respondent entered a Credit Card agreement with LloydsTSB Bank PLC under which the respondent borrowed from them a sum of money repayable on demand. 2.The said agreement was an agreement regulated under the consumer Credit Act 1974. 3.The respondent failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC. The said supplier assigned all rights in the said debt to cabot financial uk ltd on 24/06/2016 and the claimants have advised the respondents of same. 4.The last payment was made to account on 13/05/2014. 5.The said sum of £1927.24 is the sum sued for. 6.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so. Last Date Of Service:- 05/07/2017 Last Date For Response:- 26/07/2017 What Documents are listed in Box E2: agreement dated 14/05/2010. Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don’t know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was you last payment:- 13/05/2014 Why did you cease payments:- Financial problems, health issues , family issues Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? No there were a few issues in life around that time - my mum was dying of cancer, my wife was then diagnosed with cancer, i was off work with stress/depression and one of our kids was going down the wrong path. there was too much going on and a few things got missed / pushed to the back burner and it was a long time till i was well enough to even think about sorting financial stuff out - the family was more important and to be honest this just got pushed further and further back until it was forgotten about. the response forms SPR_Respondance_Form_EDI-redacted.pdf
  9. I'll have to scan it in again - for some reason it wont let me alter the pdf I did use the exact wording in the sticky relating to the simple procedures claim with the relevant dates altered to suit.
  10. yes - the way I read it, Nolans have been ordered by the Sheriff to provide the documentation within 14 days and that was written on the 1st August - so far I've had nothing back from Nolans so already they're not complying with his order - is that not a bit of a fail with the majority of Sheriffs?
  11. Hi I previously received the simple procedure paperwork regarding a LloydsTSB Credit card debt from 2013 for £1900 ish I did a bit of research and found this place so sent my response back as per what I found on here and fired a CCA request to Cabot ( I made one mistake and said I'd sent it recorded when in fact I sent it 1st class with proof of postage - no matter as they mention it in their reply which to me is an acknowlegement) I now have a case management meeting Next Week I have also received a reply from Nolans - both of which I'll add as PDF's (now that I've figured out how to do it) So, first of all, thank you for the excellent advice & information on here and secondly, how do I handle the case management meeting? what do I need to say and possibly, more importantly, what do I make sure that i don't say? SO1.pdf Nolans reply.pdf
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