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Everything posted by Shooz91

  1. I uploaded my written submissions (2 of them) and have received this gumph from N0lans today!! They really are willing to try anything! Any advice on CMD tomorrow or just focus on the content within my submissions?CG submissions 1.pdf CG Nolans submissions.pdf CG submissions 2.pdf
  2. So am I basically just now hoping for the best, that the Sheriff knows his stuff!?
  3. N0lans have uploaded these docs today ahead of CMD next week on 27th.... Any advice much appreciated! @dx100uk @Andyorch Part 2 CCA.pdf Written Submissions edit.pdf
  4. Thanks dx. Shall I just file another IOA requesting to dismiss, C2 enter.... The claimant is misleading the Sheriff. There is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments, without the need of service of a default notice. The Claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed any litigation to enforce the agreement.
  5. Are Nolans correct in what they are saying on their Response about no DN required? Just reading upon requirements for a DN .... Requirement for a default notice Section 87 of the Consumer Credit Act 1974 necessitates service of a default notice on a debtor or hirer before a creditor or owner may become entitled by reason of any breach by the debtor or hirer of a regulated agreement to do any of the following: Terminate the agreement; Demand earlier payment of any sum; Recover possession of any goods or land; Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or Enforce any security.
  6. Order of Sheriff received this AM rejecting my IOA to dismiss. Still no DN from Nolans, they won't be issuing one by the looks of their response to my IOA. Order of the Sheriff.pdf
  7. N0lans have today filed the written submissions and Incidental Orders application that they posted me and these have been lodged on Civil Online- have attached Written Submission as it is a clearer copy Written submission 2610.pdf
  8. Attached… so in effect the form and ‘letter’ from the scammers has not been lodged with the court as they rejected it so the most recent update is the order of the Sheriff on 21st October IO response 23-10-21.pdf Court response 11 oct.pdf
  9. Have returned from abroad today and got this in the mail recorded delivery from Nolans. this was in response to my incidental orders application on 5th October. they tried to upload this along with their own incidental orders form, rejecting mines, to civil online but the documents were rejected as the clerk said they were not filled in correctly. the Sheriff then issued the orders above on 21st October. Sat, 23 Oct 2021, 11:26 4.pdf Sat, 23 Oct 2021, 11:26 5.pdf
  10. Aha there ya go, didn’t realise I could do that thanks Dx Thu, 21 Oct 2021, 15:00.pdf
  11. Don’t have access to laptop just now and not quite sure how to edit it as a PDF on my phone
  12. Still no Default Notice issued… order of sheriff issued today Can’t upload pdf so have copied the text 21 October 2021 The Sheriff orders the claimant to take the following step by : 19 November 2021 1. lodge online copies of all documents they intend to rely upon to establish their claim. Possibility of dismissal The sheriff considers that taking the steps listed above is necessary for the progress of this case. The claimant is warned that unless these steps are taken, this case will be dismissed without further warning. If the step listed above are not taken then the sheriff dismisses the claim against the respondent. Signed by:
  13. Just called the Sheriff Clerk, she said that I should file a Form 9G Incidental Orders Application and that I also need to formally serve N0lans that I am doing this and fill in 6C Confirmation of Formal Service!? I made it clear that I am the Respondent, not sure why I would need to complete a 6C!? Think I will go with a 9G and hope for the best
  14. So should I respond on Civil Online stating this or wait from a reply from the Sheriff?
  15. There are 18 entries of £12 (£216) over limit and/or late fees between September 2010 and December 2011. Cabot bought the debt in June 2016. What are my next steps? Await instruction from the Sheriff or respond saying no compliant Default Notice attached? I will be out of the country for 2 weeks from Friday and unable to respond to the Sheriff during that time
  16. Response from the scammers this morning on Civil Online- apologies for messy docs, don’t have access to laptop at mo In addition to the attached there is CC statements from account opening to 10/04/2012- I can upload these in a few hours evidence - list.pdf
  17. Thanks Dx. Do I request that the claim is withdrawn or simply ask whats next?
  18. Today is the 28 day deadline given by the order of the Sheriff for Nolan’s to respond. I assume they will have until close of play today to do this however what should I do if no response?
  19. Just had Resolvecall at my door RE the Cabot debt! I did not answer as he was a rather scary looking chap (I know they can not enter etc) but he has very kindly posted a note through the door.... 'In light of the current pandemic we are looking to contact yourself, in order to understand your present circumstances'..... What has the pandemic got to do with it!!? Any advice? Really do not want these clowns knocking my door.
  20. Response from Sheriff this morning Let’s hope they have none but nothing would be a surprise from this mob uploading again as would not let me edit- orig image is blurry order of s.pdf
  21. Hi Dx, was going to submit response this evening using the guidance on the response pages however after reading DA11’s latest update from Nolans I’m not so sure… any other advice at all!? Much much appreciated
  22. Thanks Dx, just about to respond on Civil Online. What should I put in... -What steps have you taken, if any, to settle the dispute with the claimant? -What is the background to this claim? -Why should the claim not be successful? This is where I am going to enter 'The Claimant has failed, to date to supply, despite a previous Consumer Credit Act request, all of the required paperwork under the said Act. The respondent is unaware of any compliant Default Notice served under Section 87 of the CCA 1974 by either the original creditor or the claimant.
  23. Hi DX, from reading previous posts, in D2 should I enter… Or any other advice? Last date for response is 07/09, should I wait til that date or ok to do it now? ‘The claimant has failed to date to supply, despite a previous CCA request, all the required paperwork to fully enforce the agreement under the said act. The respondent is unaware of any compliant Default Notice served under section 87 of the CCA1974 by either the original creditor or the claimant in the last XX years. ..................’ ?
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