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  1. Yes, I was resident in Scotland when I took this card out The last payment I made was 20/06/2012 online from my Halifax bank card. I always paid it monthly online. I still have all my bank statements to prove this was the last payment and no further payments were made. I don't know where Cabot/Nolans got a date of 21/08/2012 Thanks
  2. Thank you dx, I was hoping that would be the case. When writing my Defences I have to admit/deny etc all the points made in the Condescendences. With the exception of Jurisdiction, would I deny all? since the account should not exist anymore under Scottish Law. Under Pleas In Law would I state the account is Statute Barred and ask for the case to be dismissed? Thanks
  3. Hi, I received an Ordinary cause Claim a few weeks ago. I've been to court to hand in my Notice of Intention to Defend. I've now got to put my Defence in . Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes. Any help or advice would be appreciated. Who Is The Claimant: Cabot Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Ordinary What is the claim for: 1. Jurisdiction 2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand. 3.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 4.The defender 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 01/08/2012 and the pursuers have advised the defender of same. 5.The last payment was made to account on 21/08/2012. The said sum of £6000 is the sum sued for. 6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so. Claim Received:- 31/07/2017 Notice of Intention to Defend:- 21/08/17 Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17 What Documents are listed in Box E2: 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? Before 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 Notice of Assignment but I received letters from Cabot asking for payment. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was your last payment:- 20/06/2012 Why did you cease payments:- Financial difficulty Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB
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