The writ has been adjusted several times to now include account numbers, values, dates and documents, including "The defender is called upon to state on record whether or not he accepts that he had a xxxx credit card in light of the documents lodged in process. The Defender is called upon to state on what basis he made a request under section 78 of the consumer credit act 1974 as averred in his defence."

My initial defences were based on them not providing any information, and therefore I was unable to know what they are claiming for. Noting that a CCA request was outstanding. Whereas now, they’ve provided all but a relatively small part for BoS – which I appreciate is still key. I’m now asked whether I recognise the details provided, which the answer would be yes – however it is now unenforceable until those T&Cs are provided. MBNA I guess I can play along with the position that I still don’t recognise it, for now. I’m just concerned that I could erode any potential goodwill by moving my overall position from unable to comment to temporarily unenforceable. I’m working on the basis that I’m being strung along, they incur more costs and provide everything following the options hearing, leaving me to negotiate repayment after denying – which may prove a tad trickier? Whereas if I was to concede now, I can potentially put part-blame on them not providing any info until now. I had no other option but to defend. However as they have now provided that info (and some docs), I can now answer and show my eagerness to resolve. I’m also concerned on the expected time to pay length here. I simply can’t repay it over 2 years . I’d be keen to potentially offer slightly longer (1 or 2 years extra at most), but may need the support of Cabot to achieve that, rather than being frowned upon by the sheriff? Again that leads me down to conceding now and trying to gain some brownie points. As always, I very much appreciate your input. Thanks

I've had a look through both SARs. BoS: Cabot requested agreement in Sept-23, and received it within a weeks. T&Cs are available. They may not have them yet - unless they are just prolongoing the pain! MBNA: Cabot requested agreement and T&Cs in Sept-23, and received both within a week - however have again not provided them to date. I had been weighing up accepting that i'm being played a touch here, them dragging this on as long as possible, and therefore could use the revised writ (that actually has details now) to say i am now in an informed position to respond and accept - unlike the original writ which contained very limited details! I was intent on reaching out to agree a repayment plan with Cabot/Nolan's ahead of the hearing to show my eagerness to co-operate and resolve - rather than delaying, what I think, is the inevitable.

BoS: CC agreement, default notice and notice of assignment, all 3 have been drip fed to me over the past few weeks, with the agreement being received a day before the pleadings adjustment deadline. MBNA: notice of assignment only so far. SAR suggests Cabot requested and received both agreements via some document transfer portal a few days after my original request back in October. Looks like they are playing games, dragging this out and undoubtedly increasing their costs. BoS all.pdf MBNA noa (1)_2.pdf

Will upload tonight

Sorry, start again. I've got mixed up juggling too much! BoS: Full agreement, terms, correct name and address, and notice of assignments. MBNA: only notice of assignment received so far. Suspect they have the full agreement (based on SAR) and a default notice can easily be replicated.

I'm in work just now, and have stupidly left it all at home. Over the past couple of weeks i've received copies of the credit agreement, with all the required terms etc. Notice of assignments and default notices. Details on all align

I got the decree by default removed, and was put back to a scheduled options hearing later this month. They have now finally provided the documentation that I believe shows the debts are enforceable. Fair enough, just the way it's worked out. I have until close of business today to adjust my pleadings. My intention is to now accept guilt and propose a time to pay. How do I adjust my original defence when i'm now accepting each statement?

Appeal hearing granted. Nolan's insistent this be rejected; claiming they never received my defences (and have yet to) and that i didn't defend the interlocutor for decree by default. Original Sheriff's note states that they weren't made aware that I had lodged and intimated my defences by the clerk. If they had known, they would have proceeded to a hearing. I've received Nolan's written submissions, with mine due in a few days. Part of their submissions which included 3 case references, is the section below. The Respondents would wish to take this opportunity to submit that if the defence which is to be put forward is that there is an agreement under the Consumer Credit Act 1974 which is unenforceable then this is, in any event, not a proper or meritorious defence. Firstly the basis of the action is that the original creditor agreement for the supply of credit to the Appellant was terminated by the original creditor and the outstanding sum owed to the original creditor at that date was assigned to the Respondent. The action does not proceed on the basis of enforcing an existing agreement but rather seeking to recover sum of money. There is no agreement to be enforced. Secondly even if there was an agreement in place then this action does not amount to enforcement of the agreement. There is a clear line of authority which confirms that raising an action such as this is not enforcement in terms of the Consumer Credit Act. Reference is made to the case of Cabot Financial UK Limited v Watson which refers to the case of McGuffick v Royal Bank of Scotland. My written submissions will state that I complied with the rules of the initial writ, defences lodged and intimated on time. There's been a breakdown of communication with the clerk and the sheriff i.e. I assumed they would have alerted them that I had lodged everything. Shall i resend my orignal defences with this written submission? Still no response from either CCA request. Not sure whether that would still be the case if they've secured a decree? - or whether it's still genuinely unfulfilled. As always, any input would be much appreciated.

I spoke to the Sheriff Appeal Court - Civil (scotcourts.gov.uk) who have advised I need to lodge Form 6.2 to appeal the decision to grant a decree by default by the 28th of December. Attached documents also proivided. I think it looks relatively straight forward. I'd welcome your thoughts on grounds of appeal: do i limit it to the fact i had already lodged and intimated my defences - or expand to reference the CCA requests are still not satisfied and therefore the alledged debts are unenforceable. chapter-06-initiation-and-progress-of-an-appeal.doc form-6-2 (2021).docx SAC Fees Handout (1 April 2023).pdf Sheriff Appeal Court New User Guide .pdf

OK, I might give the appeal court a call to understand what's required, otherwise I need to get reading. Absolutely astonished at this

They have a decree but cannot be enforced until 28th of Dec. Email from clerk states "I would advise you to seek legal advice as this would now mean the Decree stands and an appeal would need to be raised with the Sheriff Appeal Court"

It's taken nearly 2 weeks (!) now for the clerk to claim they have no recollection of any phonecall (despite me paying my defence fee over the phone!) or having forwarded my defences. Advising I now seek legal advice to lodge an appeal - by the 28th of December. I honestly cannot believe this. Any steer on what I need to do to get an appeal in motion?

Thanks, that gives me a bit of comfort. All onboard at my end: filed, signed and dated - and accepted by the court. They also confirmed they would send the defence to Nolans. I also posted my defence. Positive I've proof of posting, but will have to do a bit of digging to find it. Clerk reviewing and will get back to me with what to do. Assuming this can be recalled, they've bought themselves more time to uncover the paperwork which they've yet to provide

I've received notification that the forthcoming options hearing has been cancelled and that a decree by default has been awarded due to not responding to the recent claim that they hadn't received my defences. I've spoke the court today to work out what is happening and how we correct this! I'll update once I hear. Any thoughts? .

name the issuing court: Ayr Who Is The Claimant: PRA Group Who Are the Solicitors: Brodies What type of action? (Simple/Ordinary): Simple What is the claim for – [type out ALL the text [minus pers details] [E1 BOX SPR FORM] On or around ## June 2015, Barclays Bank Plc entered into a credit agreement (hereinafter referred to as 'the Arrangement') On or around ## June 2015, Barclays Bank PIc entered into a credit agreement (hereinafter referred to as 'the Agreement') with the Respondent. A copy of the Agreement will be produced. The Respondent failed to maintain payment of the instalments due in terms of the Agreement. On or around ## November 2022, a Default Notice was served on the Respondent. The Respondent failed to make payment in satisfaction of the Default Notice. The agreement was terminated. The balance outstanding in terms of the Agreement is £3,333.00 which is the sum sued for. On or around ## December 2022, Barclays Bank Plc's rights in terms of the Agreement|were assigned to the Claimant. Notice of the assignation was intimated to the Respondent. The Respondent(s) has (have) been called upon to make payment of the sum sued for but has (have) refused or at least delayed to do so. This claim is accordingly necessary. type out ALL the text [minus pers details] [E4 BOX SPR FORM] or [Condescendence from Writ] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. Date of Agreement: ## Jun 2015 Claimant Agreement Reference: BBK####### (3 letters, 7 numbers) Guarantor: N/A Unpaid balance: £3,333.00 Balance is due under a credit account agreement which commenced with a nil balance. date of raised claim [or court stamp date from writ or date from ] :- 27th November 2023 Last Date Of Service [look on form 07]:- 6th December 2023 Last Date For Response [look on form 07]:- 27th December 2023 What Documents are listed in Box E2:[or in your form requesting the same?] Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit card …. from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? 2015 (online signup) 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? Aware that PRA were involved, but unsure whether i received a NoA. Did you receive a Default Notice from the original creditor? Unsure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure When was you last payment:- mid-2022 Why did you cease payments:- Numerous credit cards with crippling minimum payments. Had family issues to contend with which i prioritised. 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? No contact with them whatsoever. Other: I received a letter before action from PRA / Brodies in early October. I sent a CCA request (template content from here) immediately. PRA responded confirming they "...have requested the information. Your account has been placed on hold until this has been received." I haven't anything since this response in early October - yet have now received a SPC. What do i do now?

Court clerk suggests I could call Nolan’s to let them know that I have already lodged my defence. Should I really? If I must, should I leave it as late as possible? 2 CCA requests sent c11 weeks ago. MBNA – Cabot suggested they don’t have the info on file, and will seek to obtain. Write within 12 days etc. Not heard from them since. BoS – CCA request not acknowledged. I have recorded delivery on it showing they’ve received. Both CCA requests could be received any day I suppose, however as they haven’t – I’m preparing for the options hearing. Writ doesn’t provide any account number, don’t recognise dates or values. No supporting documentation provided. Yet have had to defend to avoid a decree by default on something I know nothing about. I know i’m gambling a bit on them not providing the required documents. If they haven’t done so in the next fortnight, what are the possible outcomes? How much extra time will they be allowed? Ideally I want this dead and buried at the first opportunity, but I realise it may not be as straight forward as that. What’s your thoughts? Is there anything here that is starting to look in my favour? Any advice warmly welcomed.

Rolled the dice a touch with this. c2 weeks till Options hearing. Neither CCA request has been fulfilled yet. They also claim they didn't receive my defence responses and now seek a decree by default. tut tut Court clerk confirms they receeived my defences and lodged them accordingly.

Apologies, i tried to edit and remove the question once i had found the answer myself. Ready to go tomorrow

I think that's english/welsh equivalent of moratorium protection in Scotland. I'll undoubtedly be in contact with StepChange in the coming days. I'll keep this post updated should things change. Thanks for your help

Understood, thanks. I contacted StepChange to understand the DPP DAS process as a decree would be extremely troublesome from an employment perspective. I think I have to pay this defence fee to ultimately buy me time to get the DAS arranged and apply for a moratorium. Not ideal by any means. If they can't provide paperwork, great, but I'm assuming the will eventually. DAS hopefully give me the option to repay over the longer term than would via the court time to pay. Does that make sense? I'll give the defence a go until they get a sniff of paperwork

Do I make reference to their error in point 3 regarding MBNA card being in breach of contract with HBoS? How hard to I go when commenting on the lack of account details? Ridiculous position to be in having to pay a defence fee just to find out what their speculative claim is about? Thanks once again

no response from Cabot on the BoS CCA request sent on the 7th Sept, arriving at Cabot on the 8th. No postal service on Monday (local delivery). Tomorrow is the final chance to receive anything prior to having to respond to court on Tuesday. Any advice on next steps?

Cabot unable to fulfil CCA request for MBNA. Letter states they will contact them to obtain the documents, and update in 12 days. Awaiting response on BoS request

CCA requests sent. I appreciate its early here, but whats the potential outcomes i'm looking at? If cabot cannot provide the correct documents, I can defend and deny at court? Does that then just potentially delay the same claim, should the correct paperwork eventually be found - unless the court kills it? Alternatively, if Cabot do have the paperwork and can therefore feed Nolans, am I up doodoo creek with respect to avoiding a decree? Thanks