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deimosboy

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deimosboy last won the day on September 30 2015

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  1. Wrote to the CRA's and BH advise it is been removed from my file.
  2. Hi, OK i am sure the SB is correct but just keep me straight please. Is this letter OK to use will it have the effect I desire? Thanks again for your help. Black Horse was the original lender, its just the date of the default that is wrong. Complaints Black Horse.pdf
  3. Hi, The background everything went off he rails when my business failed years ago prioritised the mortgage to keep a roof over our heads so ended up unable to pay the car loan. 2010 the door bell went man here to repossess my car, I moved the car to a friends with the aim to avoid repo and privately sell. It did not sell. As the balance was not large I thought I would hold onto the car and pay it off when I got back on my feet. The damage was done no payments and two attempted repo's credit file goosed. Forward a year on in 2011 the car is repo'd. The debt fell off m
  4. Hi, I was repo'd 4 years ago but have nothing showing on my credit file and can't see anything on the registry trust website for either of my two previous address including my repo'd address. The whole court case dragged on for a couple of years as we tried to sell the property but eventually the court granted the decree for repossession. The mortgage no longer shows in my credit file (previously showed as settled although there was negative equity when bank sold it) having checked on noddle, clearscore and checkmyfile. Where are repossession decrees recorded in Scotland?
  5. The options are narrowing for you, the clause for assignation is present in the signed the agreement. They will in all likelyhood be able to produce an assignation document and so there is no real defence to lodge. I don't know much about trust deed's but I am sure if you have a property with a spouse it is a better option than being sequestrated. Also I am sure that it can take time to setup the trust deed or have it approved so you may be advised to stall the court action while you setup the trust deed as with decree Cabot could sequestrate you and that would scupper the trust p
  6. Had your recieved the CCA before the last time you were in court? Someone will confirm if the contract terms are enforceable. However if you read through the terms (I don't have time today) to see if there is any mention of assignation, novation if not you have a defence. Have they lodged this with the court as a production? Have they lodged a production and/or have you seen an assignation agreement between themselves and original lender? It is likely they will be able to provide a signed assignation to produced for a proof diet. I think you need to engage the CAB sol's to gi
  7. I think he has a response to the CCA request may just be a letter acknowledging his request as per his post 2nd May 2016 mentioning blinking game with Cabot and not coming up with paperwork not sure they actually have anything enforceable to use in court. Have they sent a copy of your original agreement, signed or unsigned? Does it have the terms and conditions? They need the above to have a claim against you. Have they sent an assignation agreement? If not a solicitor could argue a defence especially if no clause in the original terms. Do you have your own copy of the orignal
  8. In a summary cause their non compliance with the CCA request probably means nothing so long as they have provided the documentation. A solicitor may be able to argue some mileage on the technicality but for you don't bother. You do have the paperwork from the CCA request as if you don't they have nothing to enforce/ prove their claim. There has been no proof hearing, their motion is removing the sist and starting the process again which would require a proof. This suggests they now have paperwork to proceed or they don't, they aren't going to get by now and start the process in the
  9. It is the formality of the higher court where things have to be in writing i guess, in small claim there is more flexibility. I would speak with the solicitor that drafted the skeletal defence, it does not need much expansion to be honest which I am sure he will confirm. I could n't see the document of with their claims but assume they have stated their claim along the lines of 1) who you are and jurisdiction of court - so admitted 2), 3), 4) being details of your loan with original lender, detailed date of last payment, detailed date of last correspondence, d
  10. The skeleton defence I would have thought be sufficient. It comes down to them having the paperwork as the motion for adjournment/sist has been declined. I would suggest that the sheriff is with you at the moment and they know they have to lodge the papers or it is dismissed so you have to bring her the sheriff with you when you are called to speak. Don't get personal issues like stress or worry involved its the law its not about that, its about procedure. So when called to speak after they don't produce the papers ask for dismissal as it is up to the pursuer to prove the
  11. My action was summary cause and not ordinary cause, so this is a bit more formal and my worry would be falling foul of procedure with a stuffy sheriff. You will have to lodge an objection to the motion. But first thing I would do today is see if there is a in court adviser/s solicitor with the Citizens Advice. Also try Falkirk Community Advice Service 01324 659 391. They may appear for you but certainly will help at the least keep you procedurally right and draft any forms. You probably qualify for legal aid so could be worthwhile speaking with a solicitor,but bear in mind they
  12. My first letter CCA request was sent on 16th June, dated response was 22nd acknowledging receipt of my CCA that they did not have documentation but they would request them from the original lender they acknowledged the 12 day rule but expected to have papers within 40 days. Not sure the relevance of the 40 days. Further letter dated 14th Aug stated they were unable to comply and therefore would be unable to obtain a decree against me in court but i should still pay - yeah right! If they are just churning these letters out as standard responses you should expect the
  13. I just had a summary cause action for cabot dismissed and received a cheque for the expenses. Cabot did not have any paperwork, after a a CCA request. No assignation papers, No letter informing me of assignment nothing. So before you go down the trust deed I would see what they have with the CCA do not engage their solicitors you are not obliged to do so. The first hearing will be where the sheriff decides if it is going any further then it will be at least 2 months before you get the next hearing called the "proof diet". Even if the proof diet goes off
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