Hi guys looking for some help with this that came a couple weeks ago before i went on holiday.
Name the issuing court: Edinburgh sheriff court
Who Is The Claimant: Cabot financial uk limited
Who Are the Solicitors: Nolans
What type of action? Simple
What is the claim for –
On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974..
The Respondent failed to pay as agreed on demand and is in breach of contract with the said HITACHI NOVA.
the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same.
The said sum of £988.32 is the sum sued for.
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:-19/09/2018
Last Date For Response:- 10/10/2018
What Documents are listed in Box E2:[or in your form requesting the same?]
1. No Defence - No evidence required.
2. No stateable Defence (Rule 4.4 breach) - No evidence required
3. Defence on Prescription - Copy statement of account only. (Agreement must be admited to plead prescription. So agreement not required.)
4. Denial of Agreement - Copy Agreement dated 19/03/2014
N.B. Generic Rule 8 Orders should never be issued.
The facts of each individual case must be considered.
It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led.
The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumunter Rite.
Acta Esse (Trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419, 420)
BOX D5 what has the claimant stated:
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? Yes
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 you last payment:- Unsure but for sure sometime in 2015
Why did you cease payments:- Major gambling problem
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 ￼Yes
Any help would be appreciated, this is a great site doing good work