OK I've done that. CISheet Total of Charges = £348 (I've included a number of £12 charges for 'overlimit' and 'returned payment' which I assume is correct? Hadn't noticed them first time around when looking purely for late payment charges. Total after including their 34% interest rate = £590.23 StatIntSheet The total for this after putting in £590.23 and then the date after the 'claim to' date from the CISheet is £5057.49. Should I now be uploading a letter onto the court portal explaining these sums and asking for the total to be removed?

I thought that but just wanted to make sure. Cheers. I'm not too sure what to set the interest rate to. The original agreement states the standard interest rate is 34.94% p.a. I'm assuming this is too high and it should be something lower?

Quick question DX. I'm filling these out just now. On the CISHEET should I enter the interest rate of the card as well or should I just add up each £12?

Yes sorry the last late payment fee was December 2018. I just mentioned Aug 2020 to show how far the statements cover.

20 in total between May 2014 and August 2020. The last actual transaction on the card is January 2019.

What do you think dx?

That's correct.

jpg2pdf.pdf Notice of default attached.

Sorry for late reply dx, I’ve double checked and yes I’ve missed another couple of pages which I think you are referring to. For some reason I am struggling to make the 3 pictures into a pdf despite doing so easily previously. Can you point me in the right direction please?

Yes that’s correct in regards to the paperwork received. In regards to the signature, no. It is definitely my signature. I can’t recall where or how I signed it as they don’t have any actual in store branches but it is 100% my signature.

Saying what? Any help appreciated.

Yes I took out an overdraft with my bank but that was all.

Order of the Sheriff.pdf.pdf

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.”

I done exactly as you said

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.

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.

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?

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

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?'

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.

Yes, thanks. Update to follow.

That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute. Will search just now cheers.

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?

Cheers Dx