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Shooz91

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Posts posted by Shooz91

  1. 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.
     

  2. 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.
  3. 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

  4. 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:

  5. 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

  6. 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

  7. 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.

  8. 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.  

  9. 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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