Looking for some advice on this, This is an old CC with Aqua from 2017 and i am looking for some advice on this.
name the issuing court:Glasgow Sheriff Court
Who Is The Claimant:Cabot Financial UK LTD
Original Creditor: Aqua Credit Card (NewDay Ltd)
Who Are the Solicitors:Shoosmiths LLP
What type of action? (Simple/Ordinary):Simple
What is the claim for –£1176.57
The claimants are a finance company which inter alia operates the business of debt purchasing.
By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 13/06.2019, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon.
The said assignation was intimated to the respondent by the way of a written notice on or around 13/06/2019.
The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974.
Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due.
date of raised claim [or court stamp date from writ] :-10/02/2020
Last Date Of Service [or from form 07]:-12/03/2020
Last Date For Response [or from form 07]:-02/04/2020
What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, Statements of account and notice of Assignation will be produced in any defended process to follow hereon (From Document)
Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- CC
BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]
…..U Want the court to order the respondent to pay me the sum of
from your knowledge: answer the following:
When did you enter into the original agreement before or after 2007? After 2007
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 - Cabot Financial UK LTD
Were you aware the account had been assigned – did you receive a Notice of Assignment? NO
Did you receive a Default Notice from the original creditor?Unsure
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure/have none as of my records
When was you last payment:-Unsure
Why did you cease payments:-Unable to afford at the time
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?No
Naturally since then till now I am in a different situation, do i contact them and arrange to pay this in installments or do i fight this? if so how do i and how would that affect me? I run my own LTD company now and in a contracting role and wouldn't want this to effect this.
I am sorry if i have missed anything out,