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Found 13 results

  1. Name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Cabot Financial UK limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand. The said agreement was an agreement under the Consumer Credit Act 1974. The date of termination was 31/03/2017. The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same. The last payment to the account was 02/02/2017. The said sum of £1778.81 is the sum sued for. The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so. Last Date Of Service:- 09/01/2019 Last Date For Response:- 30/01/2019 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay the sum of .£1778.81 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 - Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 02/02/2017 (according to the form) Hi All, Looking for some guidance and advice please, if possible. Around 5 years ago I took out an Aqua Credit card. Unfortunately, I was unable to keep up the payments and defaulted. The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored) I have now received a Simple Procedure Notice of Claim. Any advice gratefully received. Many thanks, Pete
  2. Hi folks, situation with MEIII/Cabot/Nolans..... Nolans have issued me with a Court Claim. I have then gone back to both Nolans and MEIII with a CCA Request - Nolans denied they received the £1 PO and they had CCTV footage to prove it but in response to the MEIII CCA request I received a response from Cabot...?? (Confused!) The letter stated they did not have the paperwork on file and accepted they had missed the 12 day deadline but it was going to take 40 days to get it from the original lender...The letter even stated a different sum owed.! My Last Date for Response to the court is Thursday this week. What would you guys suggest as a way forward? The amount claimed is for a loan I had entered with Yorkshire Bank 2002 Any advice greatly appreciated
  3. Hi, I've received a letter "NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS" alongside a booklet from accountant in bankruptcy. I assume that I will be receiving a summons shortly, any advice? Thanks in advance, didn't expect this
  4. I had a time to pay hearing today for a credit card debt. Cabot was represented by nolans. I offered 10 per month on my court documents. Nolans rejected this and today we had a hearing. I'm a bit confused by it all. I said I was financially struggling. I was told an open decree was granted and I had to pay. So what does that now mean? I asked what happens next and was told that was up to nolans. Help!
  5. Hi guys looking for some help with this that came a couple weeks ago before i went on holiday. Name the issuing court: Edinburgh sheriff court Who Is The Claimant: Cabot financial uk limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA 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.. The Respondent failed to pay as agreed on demand and is in breach of contract with the said HITACHI NOVA. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same. The said sum of £988.32 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. Last Date Of Service:-19/09/2018 Last Date For Response:- 10/10/2018 What Documents are listed in Box E2:[or in your form requesting the same?] 1. No Defence - No evidence required. 2. No stateable Defence (Rule 4.4 breach) - No evidence required 3. Defence on Prescription - Copy statement of account only. (Agreement must be admited to plead prescription. So agreement not required.) 4. Denial of Agreement - Copy Agreement dated 19/03/2014 N.B. Generic Rule 8 Orders should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead evidence 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 pled 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) HP Agreement BOX D5 what has the claimant stated: 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? Yes 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:- Unsure but for sure sometime in 2015 Why did you cease payments:- Major gambling problem 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 Yes Any help would be appreciated, this is a great site doing good work Thanks Craig
  6. Hello Everyone I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago. The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it. Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09, very shortly after (around 6 months lost my job). I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011. I continued the £20 per month till around Jan 2016 then I lost my job again, and couldn't pay at all. If I am being honest, i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor. Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare. Any advice? I can post a copy of the letter with personals omitted if it helps?
  7. Hi guys im hoping for some advice on what to do with this debt, i had no idea they would take me to court for it and am panicking a bit now, i have looked around the site but cant really find specific advice, so apologies if i havent looked hard enough and i appreciate any help you can give, cheers neil. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand. the said agreement was an agreement regulated under the consumer credit act 1974. the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same the last payment was made to account on 07/09/2015 the said sum of £1029 is the sum sued for. the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so. What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small? Is the claim for a current or credit/loan account or mobile phone account? catalogue 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 cabot/nolans soliciters 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? most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments:- financial difficulty 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
  8. Hi I previously received the simple procedure paperwork regarding a LloydsTSB Credit card debt from 2013 for £1900 ish I did a bit of research and found this place so sent my response back as per what I found on here and fired a CCA request to Cabot ( I made one mistake and said I'd sent it recorded when in fact I sent it 1st class with proof of postage - no matter as they mention it in their reply which to me is an acknowlegement) I now have a case management meeting Next Week I have also received a reply from Nolans - both of which I'll add as PDF's (now that I've figured out how to do it) So, first of all, thank you for the excellent advice & information on here and secondly, how do I handle the case management meeting? what do I need to say and possibly, more importantly, what do I make sure that i don't say? SO1.pdf Nolans reply.pdf
  9. Can someone please shed some light on this? I've previously lodged an incidental application to have this case sisted, but was instructed to file a defence. A date for proof was set, but now it seems that the pursuer are trying to discredit me (again, and moreso), but still fail to present any evidence to support their claim. I took delivery of this summons tonight, and the hearing on incidental application is tomorrow at 10am. Is there even any point in attending?
  10. Hi there, First time posting on here, but seems to be lots of great advice! I've today recieved a letter from Nolans Solicitors saying they are collecting on behalf of Hillesden Securities Limited. I don't know whether it is a standard threatogram letter or if I need to take action. The letter seems to be standard I'm that it starts "Dear Sirs" and I'm female! And it goes on to say that I have 7 days to pay or they may take me to court and this will be able to be enforced for 20 years and then gives a list of how I can pay them. It also had a booklet from AIB included which states that it's given to me as I'm going to have legal action taken against me. The thing is I don't actually know what the original debt relates to, as I checked my Noddle credit file and there is nothing on there that has the name Hillesden or for the same amount. Also there are no judgements showing against me at all. After googling I think it may be an old Welcome finance loan which I last paid in 2009 after my local branch shut down. So I believe that it should be statue barred as I'm in Scotland, so 5 years up here. I've got an email address to contact, so does anyone have a template that I can send to say I don't know what the debt relates to and see if they can get me details of what the actual debt is? I'm just worried they go for court action as my husband is currently not working and I couldn't afford to get a wage arrestment, never mind the reaction from my employer! If it's the debt I think it is, how do I prove its statue barred? As I was paying in the branch and previously was DD through an account which is now closed and I have no access to statements. Just really worried as I was just starting to get back on my feet! Any advice is gratefully relieved! Thanks
  11. A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago. I am aware of other communications directly from Nolans to this address, though I have no idea what debts they relate to. We also had one from Nolans is to our current address, followed by at least one more to the old address. Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients. Should I send an SAR or CCA Request to Nolans? The details of the claim are: 1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter. 2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974. The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis. The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same. The said sum of £1103 is the sum sued for. The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so. I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before. My thinking is that our best defence is that the debt is too old and hence statute barred. However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them. Should this be done by phone, an SAR and/or CCA Request, or a specific letter? Who should we ask–all three? Do they need payments included? I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too. And the amount may not correct. I intend to respond to the court that we will defend the claim before the return date. However, I expect that we will need to ask for a sist–delay to get the information we need back. No account numbers except for Nolans reference.
  12. Hi, Im new to the forum and was hoping someone could give me some pointers. Today I received a Court Summons relating to old Vanquis card debt that was sold on to Cabot Financial. The original agreement was taken out in 2006. In August 2014 I received a letter from Nolans (Kirkintilloch) relating to an unpaid debt of £1800. Between 2009 and 2013 I had only worked for 6 months, hence the inability to pay creditors such as Vanquis. I acknowledged the debt and proceeded in paying Nolans via Standing Order on 9th Sept 2014. I have not missed any payments to date. In Feb 2015 I received a letter claiming they had previously sent me a Statement of Affairs request. I had not received the original and returned the 'new' SOA as requested at the end of Feb. Until today I have received no further communication from Nolans. They claim they sent me a letter to notify me of possible pending court action that I never received. In these circumstances what is the best way to play this? I will gladly continue to repay the debt, but they arent my only creditor and I have 5 separate accounts that I am currently paying Lowells for. Im an unsure how to deal with the Court Papers. Any suggestions would be gratefully appreciated.
  13. I received ANOTHER Ordinary cause action yesterday. ( am in the middle of defending an Ordinary cause from Y+K already) This time from Nolans, on behalf of Cabot who have bought the debt from Opus (haven't heard of them until now) who were assigned this card from Citi. And along this 'chain of command' I've not had any notice of assignment etc... I'll be defending this one too, in the same way, but quick question - it is nearly 5 years since I had dealings with Citi, and Nolans states in their letter/writ that ALL correspondence must go thru them. I will need to SAR and CCA for this card, and I know that the SAR usually goes to the initial lender, but in this case, as they seemed so insistent that all correspondence go thru them, should I just SAR Nolans??
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