Hi Andy

Yes that’s it, had read up about this over the weekend, seems like a logical move but not 100%.

On another note, I do have a little experience in this, we won a case not so long ago against cabot, with the help and advice from both you guys !

I'm sure you guys can find it but heres a link...

https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/?do=findComment&comment=4917681

Well aware of what is required for you to assess and make a judgement, just bear with me and i'lll get it all uploaded.

Thanks for your help guys, I don't have a copy of the decree ?

I do have the SPC from before, its pretty lenghty but I will get it scanned and uploaded asap.

Should I register a Moratorium ?  From what i have heard it stops creditors taking any diligence for 6 wks, just now 6 months due to CV-19 ?

As i said, i basically just ignored them, thikning worst case they would take the car, I got the SPC pack nad did nothing, I assume they got the decree to return the veicle as thats what the Sheriff Officers letter states, however I wasn't aware of the earnings arrestment that followed !

The earnings arrestment ooks pretty legit, it referes to a decree granted ?

scan-converted.pdf

Hi All

I've been burying my head in the sand with this,

I had to stop paying the HP payments on my car as I couldn't afford them.  The car has now been collected by a sheriff officer, I thought that the car would be taken to auction and sold, the proceeds from that sale go to original lender then they would adjust interest etc and potentially chase me for the rest,

however the day after the car was collected I was given a letter for an earnings attachment for the full amount ?  Now thankfully the employer details they have are incorrect but it won't take them long to track me down,

question is,

can they do this for the full amount ? 

Also, am I legally obliged to disclose where I work ?

And on another note, I've heard that to stop the arrestment I should do a Moratorium ? 

Can anyone advise please ?

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 ?

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.

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 !

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.

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.

I have now instructed a solicitor to deal with this matter, hopefully this will finalise it.

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 ?

Hi Andy

I understand it, from a lay point of view, dont know how to word this on the response ?

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

Apologies Andy, not exactly sure how to approach this ?

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 ?

Section D of file 1.pdf above asks for a reply ?

Noticed I have 10 days to respond from 27/03 do need to submit something before 06/04 ?

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

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 any solicitor employed by the successful party.
• Loss of wages and travelling expenses for the successful party and any witness who appeared on their behalf.

There is normally a limit on the amount of expenses which can be awarded:

• If the value of the claim is £200 or less there will normally be no award of expenses.
• If the value of the claim is between £200 and £1500, the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
• If the value is between £1500 and £3000, the maximum amount of expenses which can normally be awarded by the court is to the successful party is 10% of the value of the claim.

For claims where the value is between £3001 and £5000, the expenses follow the general rule that whoever is unsuccessful pays the costs of the other party. If one party has a solicitor, these expenses could be higher

http://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---what-happens-in-a-disputed-case

Update...

I got a statement of account from Cabot and they have added £188.85 of Legal costs to the original outstanding balance.* I'm under the impression that they can only add legal costs amounting to 10% of the balance which in this case would be approx £240 ?*

Would this be correct and should these have been added now ?

Also, got a letter from nolans with more "evidence".... they have sent me what looks like letters between Cabot and Next about purchasing the debt. ? (Assignation of the debt)

As far as I was aware this part they had already complied with ?

They also sent section 87 of the consumer credit act and have stated that no Default Notice was required in the current case as only installments under the agreement are being sought ???

What does this mean ?

Do they actually need the default notice ?

Do they need the proof of assignation of default notice ?

Got another letter from cabot in response to my cca request....

They have sent a copy of the credit agreement, I already had this from the documents sent to me before the CMD.

They have also included a letter stating they believe the agreement to be enforceable now ?

Hi Dx,

They never sent the statement, just handed me it at CMD ?

Quick Update.... Still haven't got anything more from Cabot yet.... Will they have to send me a copy ?

They didn't send me the statement from original lender, just lodged this as evidence at CMD and held to me ?

Looks like an error, got a new order from the sheriff... 7th April to comply or case dismissed.

That’s what I thought, why say 4 wks then give them newly 4 months ?

Will call tomorrow and query ??

Got the order from the sheriff through today... they have been given until 9th July... the sheriff said 4 wks at the cmd ??

How can this be right ?