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DA11

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  1. I never attended the CMD but the outcome was ‘continuation’ and now a ‘simple procedure hearing’ has been scheduled for the 25th October. I did email them beforehand stating what had happened and that I received the paperwork from Nolan’s extremely late and I wish for time to digest the information. I think it was too late to have the initial discussion postponed but I never attended anyway. The document says: “The Sheriff, having heard Claimant's solicitor, Continues today's hearing to 25 October 2021 at 3:00pm for the Respondent to consider his position; Further said hearing to be conducted by teleconference; the court directs that parties must intimate to the sheriff clerk contact details (including telephone numbers) no later than 48 hours prior to said hearing.”
  2. Nolans PDF.pdf All I have left out here is the form for me to fill in my income/expenditure, the monthly statements for the card and also the copy of the credit agreement only because I uploaded that previously in the thread and it was the same copy.
  3. Sorry dx didn’t realise you had replied. Never got the email notification weirdly. Coincidentally a load of paperwork dropped through the door on Saturday morning after I had posted from Nolan’s. It gave a big response from them and also had the original credit agreement as well as a copy of a couple of default notices I had been sent and things like that. I don’t think there’s any way out of it to be honest and I think I’m going to just pay it. I have just started a new job recently and I don’t want to be taking any time off for a silly matter like this. I know it’s just giving in to people like Nolan’s but I suppose they are right and the debt is mine. I don’t think I’d handle the court bit well either. I think the only way I could get out of it is because the majority of the money on the card was spent on gambling websites. I did state early on the thread that that’s how the debt came about. I looked through the monthly statements they sent out at the weekend and it was basically all just gambling websites. The law has changed now and you can’t use credit cards for gambling now so maybe there would be a way out saying they could’ve had a better duty of care to their customer? No idea really but as I said I think I’ve came to terms with just paying it.
  4. Dx, This hearing is supposed to be on Monday. I have not had one piece of correspondence from Nolan’s. Only contact I have had from the court is to confirm a contact number. The first paragraph in the order states “further directs that parties no later than one week prior to said hearing provide to the court and all other parties a written statement of their position specifying grounds that are agreed, evidence that can be agreed what, if any,are the specific areas of disagreement;” Should I have heard from them?
  5. Sent my response yesterday and had a reply already. “The sheriff has considered the Claim Form and the Response Form and has given the following orders:– The Sheriff fixes a case management Hearing on 6 September 2021 at 10:00am; further directs that parties no later than one week prior to said hearing provide to the court and all other parties a written statement of their position specifying grounds that are agreed, evidence that can be agreed what, if any,are the specific areas of disagreement; Further to provide a note of what evidence is requires to be placed before the court including a list of witnesses, and how best the leading of evidence can be done considering inter alia documentary, affidavit and video link; Further to provide an estimate of how long any proof hearing will take; Further said case management hearing to be conducted by teleconference; the court directs that parties must intimate to the sheriff clerk contact details (including telephone numbers to [email protected] ) no later than 24 hours prior to said hearing.” Order of the Sheriff.pdf.pdf
  6. Hi DX wondering if you could help as it's getting close to response time. I'm not sure what to put in box D2. I can't put the supposed copy and paste response in your help post because I already sent a CCA request and they have already replied. I was thinking I should put that they failed to state the documents they would use in court in section E2 which they are required to do? Also there is a required response box in D3 now which says 'Which steps have you taken to resolve the dispute so far?'
  7. Received a ‘Simple Procedure Notice of Claim’ today. Interestingly, I was in the house at the time it was delivered but nobody knocked on my door. It has a Royal Mail ‘Signed For’ label on it yet nobody knocked on my door, it was just simply put through the letterbox. It was quite heavy so I heard it coming through the door right away. Name of the Claimant ? Nolans, on behalf of Cabot Financial. Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25/06/21 Last date for a response is stated on the form as 24/08/21. Particulars of Claim What is the claim for – 1.The defender resides as stated in the instance and has so resided for at least 3 months immediately preceding the raising of this action. Defender is domiciled as in the instance giving this court jurisdiction in terms of statute. To the knowledge of the pursuer there are no other proceedings pending before any other court involving the present cause of action between the parties nor does any agreement exist between the parties prorogating jurisdiction over the subject matter of the present cause. 2.On or around 29th April 2014 the respondent entered a CCA with Capital One 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. 3.The date of termination was 25th February 2019. The Respondent failed to pay as agreed on demand and is in breach of contract with the said Capital One. 4.The said supplier assigned all rights in the said debt to Cabot Financial UK limited on 15th November 2019 and the claimants have advised the Respondent of the same. The last payment was made to account on 22nd July 2018. The said sum of £828.21 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. What is the total value of the claim? £828.21 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Various letters threatening to do so. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, showing as defaulted on 25/02/2019. 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 Sums in Arrears” or " Notice of Arrears "– at least once a year ? Unsure Why did you cease payments? Got into various financial difficulties due to a gambling addiction. What was the date of your last payment? 22/07/18 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? Don't think so. Also, I noticed on another thread I read that they have to state the documents in box E2. This box is empty.
  8. That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute. Will search just now cheers.
  9. Latest letter today. Headlined ‘NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS’. First paragraph: ‘Take notice that unless you make a payment of this debt immediately application may be made to the courts to issue a sheriff court summons against you’. Second paragraph: ‘If a claim is issued a court fee and costs will be added to the debt, interest may also be added. If decree or judgement is made against you this may make it difficult for you to get credit in the future.’ Other than those two paragraphs it’s just ways for me to pay etc. Should I continue to ignore DX?
  10. I've had a look at my Credit Score and the account was defaulted 25th Feb 2019. Should I just continue to ignore at the minute?
  11. Correct address at the time though I have since moved. Recent letters have came to my new address.
  12. No at the time it was taken out my credit rating would’ve been fine. This card was my first credit card and I wouldn’t have had any loans at the time. It’s only really from this time onwards where things spiralled. Also I noticed my old address was used at the time I took this out. Not sure if this has any relevance but I recall you asked this earlier in the thread.
  13. Thanks again DX. I've uploaded the pages which they sent. Signed Agreement is two pages and this is the agreement I've actually signed. I've uploaded two pages which they also sent but this seems like it might just be a general agreement or something, I'm not totally sure. Also the quality is not great, I'm not actually sure if youll be able to read this but that's because the copy they have sent is actually poor quality and a slight struggle to read to be honest. Not sure if you will be able to zoom and be able to read it. If not possible I'll try scan them again and see what I can do but not sure I'll be able to get it any better. Signed agreement Page 1 & 2.pdf
  14. Hope this works. These are the two letters which came with the copy of my CCA. Letters sent with CCA 21-10-20.pdf
  15. Update today, letter dated 21st October. I didn’t hear anything from them within 12 days of the previous letter which they said. It includes my original credit agreement as requested in a CCA request on 31st August. The agreement was signed on 23/04/2014. Also in the letter there is a sheet with ‘Original Agreement’ header with my name and account number and then there is another one with ‘Default agreement’ header and the same account number under it. It also says they are entitled to obtain a CCJ against me if I don’t come to an agreement with Nolan’s. I thought u couldn’t get CCJ’s in Scotland? Is this incorrect? Should I still just ignore these at the minute?
  16. As I said previously a CCA request was posted to Cabot via Recorded/first class delivery on 31st August. I’ve had zero response since then until today when I received another letter from Nolan’s. The letter is just them saying their client is willing to accept payment by installements and what I’ve to do if I decide to do that. Nothing acknowledging the CCA request. Any further thoughts? Sorry ignore that previous post, just noticed I have another letter and this time it’s from Cabot. They acknowledge my request but unfortunately they don’t have it on file. They have requested it from the original lender. They say it may take some time but they will write to me within 12 days with an update. This letter is dated 9th September.
  17. No I’ve had numerous from Cabot themselves with the usual they have tried to contact me, I have 7 days, final notice etc etc. I’ve just binned them all hoping it would go away really. There is a possibility I have moved since I took the card out. Probably 90% certain. I moved house 5 years ago and I’m sure I got the card before then. Although I think I would have changed my personal details on my Cap One account to my new address if that makes any difference.
  18. I’m not even sure to be honest and I’m not sure how to find out. I can no longer log in to the online account. I’d say it was last used roughly 2.5/3 years ago. I’ve read a few other threads on similar matters and noticed you are very helpful dx. Is there any other info I could find that would help here dx? Not too sure how to find out things about the account now that I can’t log in. Also I’ve noticed quite a few actually ended up going to court over this. I’d rather get it sorted before it got to that point I don’t think I’d handle that well.
  19. Hi all. I had a credit card with Capital One for a couple of years and then my partner lost her job and I then got into a gambling addiction. I raked up this bill for over £800 during this time before I eventually cut up my credit card and managed to get help for my gambling. Since the start of the year I have finally started getting back on my feet again and have no problems with gambling and my partner is now back in a full time job. I received this yesterday from Nolan’s solicitors regarding the debt to Capital One. I’ll be honest I have no intention of paying. I have finally started getting back into financial stability and not having sleepless nights worrying about money and now this has came through and worried me again. Is there any way out of this situation or will I end up being called to court over it? Any help or tips would be greatly appreciated. Also I am in Scotland so think our laws may differ from the rest of the UK.
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