name the issuing court: Kirkcaldy
Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP
Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors)
What type of action? : Simple
What is the claim for –
1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD 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..
2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD.
The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for.
3.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.
date of raised claim :- 20 November 2018
Last Date Of Service:-14/12/2018
Last Date For Response:- 4/01/2019
What Documents are listed in Box E2
1. No defence – No evidence required.
2. No Stateable Defence (rule 4.4 breach)
3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.)
4. Denial of Agreement – Copy agreement dated 21/09/2015
N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420)
The claim is for a credit card from Aqua
BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52
When did you enter into the original agreement before or after 2007? AFTER 2007
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.:- It is the debt purchaser who issued the claim.
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? Not sure, sorry.
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed
When was you last payment:- 23 June 2017
Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments.
Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan
? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it.
I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had.
I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500!
Can anyone advise?
I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute...
I have filled out the parts requested to the best of my abilities
any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.