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Shooz91

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  1. Oops hadn’t spotted that one! Have uploaded again just in case useful SAR BOS.pdf
  2. Nope looks like short of 5 years Bank of Scot last payment- Nov 2013 Nolans 1st payment- June 2017
  3. Thanks DX. What should I do now? Just worrying will catch up with me like current Nolans situation!
  4. Cabot is the correct address however Hoist is an old address does letter of claim apply in Scotland?
  5. Received letter today from Cabot advising a company called Resolvecall will come to my door to get me in touch with Cabot RE BOS current acct OD for £763. Also received a letter from Hoist Fianance for another BOS current acct OD £500- had no idea about either of these! I called Cabot (from withheld no) and asked for some info (did not admit debt etc) as I honestly can't remember anything about this account. This is the info they gave me... -BOS current account opened in Dec 2009 -Defaulted may 2015 -Cabot purchased debt in July 2018 -Last payment made was £30 in 2019 but was a payment that Moorcroft transferred to Cabot!? I asked several times if this payment was made to Moorcroft in 2019 then transferred or if it was a previous payment- did Moorcroft hold the account prior to Cabot but the advisor did not know. Then called Hoist -Current account opened in Aug 2010 -Defaulted June 2017 -Hoist purchased debt late 2019 but had been with several other agencies prior -Last payment made was £54.26 in March 2020- £54.26- similar to above, not a payment made to Hoist, advisor kept saying a previous agency transferred them the payment!? I can not find any trace of this payments- was hoping to go along lines of statute barred but not entirely sure where I stand with them both?
  6. Both attached- BOS had deadline of yesterday 24th to respond to SAR, no response whatsoever. Nothing from Nolans email (stupidly sent before I discovered the wonderful CAG!) Should I chase up BOS? Last date for response to SPC is 7th Sept. Nolans email.pdf SAR.pdf
  7. Yes the person is a clerk but no names on the gov site or on the pack that I can see
  8. Court Sorry replied in the middle of the night!! The person works at the court that issued the SPC
  9. Losing sleep over this issue at the moment! Anxious waiting for Lloyds SAR request to come through. The other issue is that I have a family member who works in the SC that the papers came from. I really do not want this person knowing my business, I know GDPR and all that but I suspect they are the one who issued the papers due to handwriting on envelope
  10. It was personal but never mind as I think I know the answer/option
  11. Sorry been floored with Covid and only just starting to get better! lloyds have replied to SAR request for last payment info saying they aim to send it on by 24th August. No CCA or anything further sent from Nolan’s either since 29 June. DX can I PM you about something else I am concerned about RE this claim pls?
  12. I called Lloyds and they advised I need to fill in a SAR form due to how long ago this was so have filled that in.
  13. Ah ok- thanks very much, glad I have some reliable advice from now on! been reading all evening- what a bunch of chancers they are! Definitely feeling better about things, have hardly slept or eaten since I received the SPC. read about section E needing to be filled in by them? Absolutely nothing on mines, totally blank E1-E3. Not sure if this makes any difference?
  14. Nolan’s already had my email address from previous communication when I must have made payments to them. I only came across this very helpful site today after I had emailed unfortunately. I did not acknowledge the SPC etc all I simply asked was can they provide a breakdown or payments and CCA
  15. Nolan’s say (when I emailed them last night for copy of CCA) ‘payments were made to this office between 5 June 2017 and 5 December 2019. We have requested a copy agreement in this matter from our clients however can not provide a timescale for receipt of this. As this matter is now in court any disputes will require to be dealt with through the court process. If you are unsure of your position with regards the court proceedings we would recommend that you obtain independent legal advice. I honestly can’t remember any payments between 2012-2017
  16. name the issuing court: Livingston Sheriff Court Who Is The Claimant: Cabot Financial Uk Ltd Who Are the Solicitors: Nolans What type of action? (Simple/Ordinary): Simple What is the claim for – [type out ALL the text [minus pers details] [D1 BOX SPR FORM] On or around 24 June 2009, Respondent entered Credit Card Agreement with Lloyds BG under which the Respondent borrowed from them a sum of money repayable on demand. Said agreement regulated under the Consumer Credit Act 1974. The date of termination was 20 March 2012. The respondent failed to pay as agreed on demand and is in breach of contract with said LBG. The said supplier assigned all rights in the said debt to Cabot Financial on 24 June 2016 and the Claimants have advised Respondent of same. The last payment was made to account on 5th December 2019. The sum of £3120 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. type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ] Date of agreement- 24 June 2009/Ref No- Unpaid balance:£3120.20 / Repayment on demand date of raised claim [or court stamp date from writ or date from ] :- 18/06/2021 Last Date Of Service [or from form 07]:- 17/08/2021 Last Date For Response [or from form 07]:- 07/09/2021 What Documents are listed in Box E2:[or in your form requesting the same?] zero Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit Card BOX D4 what has the claimant stated: IN FULL Date of Agreement: – Date of agreement- 24 June 2009 Reference Number: – is this the original creditors account number? Not sure how many digits does it have? 16 Unpaid balance: - £3120.20 BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] …..The Claimants request that the court order the respondent to pay them the sum of £3120.20 from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After 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? can't recall Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No When was you last payment:-5 Dec 2019 Why did you cease payments:-went through separation, house sale etc at this time- was a credit card that my ex mainly used although I was naive enough to take it out in my name ( I was only 18 when took the card out- assumed he had paid it off from proceeds of house sale. No proof that it was him using it) 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? Can't recall. I panicked when I got the initial letter from Nolans advising they were acting for Cabot as I hadn't heard anything for years. I was on maternity leave and made a few small payments and filled out I&E form just to get them off my back as was struggling being a new Mum.
  17. Particulars of Claim What is the claim for – the reason they have issued the claim? 1.On or around 24 June 2009, Respondent entered Credit Card Agreement with Lloyds BG under which the Respondent borrowed from them a sum of money repayable on demand. Said agreement regulated under the Consumer Credit Act 1974. The date of termination was 20 March 2012. 2.The respondent failed to pay as agreed on demand and is in breach of contract with said LBG. 3.The said supplier assigned all rights in the said debt to Cabot Financial on 24 June 2016 and the Claimants have advised Respondent of same. 4.The last payment was made to account on 5th December 2019. The sum of £3120 is the sum sued for. 5.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? £3120.02 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes- moved address in August 2020, new owner signed for the SPC paperwork and has popped it through my door (I moved 4 doors round) - Letter is also addressed in my maiden name. Did you inform the claimant of your change of address? No 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 ? By post I believe Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? this does NOT show on my credit report 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? I think so 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 ? Can't recall Why did you cease payments? went through separation, house sale etc at this time- was a credit card that my ex mainly used although I was naive enough to take it out in my name ( I was only 18 when took the card out- assumed he had paid it off from proceeds of house sale. No proof that it was him using it) What was the date of your last payment? 05/12/2019 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? Can't recall. I panicked when I got the initial letter from Nolans advising they were acting for Cabot as I hadn't heard anything for years. I was on maternity leave and made a few small payments and filled out I&E form just to get them off my back as was struggling being a new Mum. ** Further to above - I have emailed Nolans asking for breakdown of payments and copy of CCA - they have replied back today saying payments made between 5th June 2017-5 Dec 2019. They have requested a copy of the CCA from their clients however can not provide a timescale for receipt of this. They then go on to say 'as the matter is now in court, any disputes will be required to be dealt with through the court process' and recommending that I obtain independent legal advice. sorry forgot to add- this does NOT show on my credit report Any advice is much appreciated- I do not recall receiving any written comms from Cabot about this debt, the last I remember is the contact from Nolans in 2017.
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