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About User457

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  1. So been back to court again and they have failed to provide anything further with regards to the sale of the debt. I believe they did produce a default notice however sheriff wasn't impressed about the sale of debt. Case has been dismissed (final disposal) however I believe they have 28 days to appeal ? Not sure if they will ?
  2. Update, been back to court on the 9th, Sheriff was 50/50 with our argument about the sale of the debt being incomplete, ie not a full copy plus missing signature from the original creditor. Finally agreed and has given 4 wks for them to come up with the correct paperwork or case will be dismissed. Still haven't argued the failure to provide default notice so hoping this will be the end of this matter.
  3. They applied to the court to change date of assignation and sent along the contract of sale between the OC and Cabot, apparently there is something wrong with this , I’m unsure exactly what but I’m sure will will find out. There’s also the no default notice, they're claiming they don’t need it as only claiming arrears on account. .. just a shame the arrears amount to the whole balance !
  4. Matter is still ongoing, got a hearing date of 9th May, this is for hearing that my solicitor has requested due to the sale of the debt. Will update once we have been to court.
  5. I hope not, no win no fee with me covering out of pocket expenses for court appearances approx £30. Rest of fees will be claimed from other side.
  6. I have now instructed a solicitor to deal with this matter, hopefully this will finalise it.
  7. So, Can i just put that the order shouldnt be applied as no default notice has been issued and I believe this should have been done ?
  8. Hi Andy I understand it, from a lay point of view, dont know how to word this on the response ?
  9. Had a scan through that, not much mentioned in annotations about default notice ? I also has a look at this but can't make much sense of it ? https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices
  10. Any advice on the default notice Andy ? Dx has made some valid points above but not sure what to say about default notice, or lack of it ?
  11. Noticed I have 10 days to respond from 27/03 do need to submit something before 06/04 ?
  12. Hi Andy, I got the 10% from this.... What order can the sheriff make about expenses? Once the decision on a claim has been made, the sheriff must make an order about expenses, such as: That no payments are to be made in respect of the expenses of any party. That a payment is to be made to a party or party’s solicitor. As a general rule, court expenses are awarded to the party who succeeds in the claim. These expenses must then be paid by the unsuccessful party. Expenses which may be awarded to the successful party by the court include: The cost of an
  13. Hi Andy / Dx As mentioned please see the attached documents.... I have no idea where I stand now, I believe from what they are saying... they don't need a default notice ? I don't understand why as account does show in default on credit file ? Thanks DX, These ones are ok..... 1.pdf 2.pdf
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