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Found 7 results

  1. 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??
  2. I have a sheriff court citation by Amex for credit/charge card debt and i was trying to fill in the details for ordinary claim but i don't have anything like "BOX E2" etc, anyway i've tried to fill it out the best i can and was hoping i can get some advice. Thanks name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Amex Who Are the Solicitors: BTO What type of action? (Simple/Ordinary): Ordinary What is the claim for – 2. The Pursuer provided the defender with a charge card under account *******. The charge card provision is not regulated by the Consumer Credit Act 1974. The Defender incurred charges totalling £8992.24 on the Chargecard. The balance remains outstanding and due to the pursuer. 3. The Pursuers issue the American Express Credit Card and in particular issued to the Defender a card numbered *********. The Defender s use of said card is regulated by the conditions contained in the Cardmember Agreement which was issued to him with said card. The agreement between the parties is regulated by the Consumer Credit Act 1974 as amended. A copy of said Cardmember Agreement is produced herewith. It is a condition of the contract between the parties that the Defender pays within 25 days of the periodic statement issued to the Defender by the Pursuers the minimum sum specified therein. The Defender is in breach of said condition and consequently the entire balance outstanding on said account is now repayable. On or about the 15 February 2018 the Pursuers served a default notice on the Defender in terms of Section 87(1) of the Consumer Credit Act 1974, a copy of which is also produced. The defender has failed to comply therewith. The balance outstanding in terms of said agreement as at the date of raising these proceedings was £7113.17 There is a total balance due by the Defender to the Pursuers of £16105.37 date of raised claim :- 13/02/19 Last Date Of Service:- Last Date For Response:- 06/02/19 What Documents are listed in Box E2:[or in your form requesting the same?] Amex Canada Intranet E-application, a copy of default notice dated 15/02/18 Claim is for charge card & credit card BOX D5 what has the claimant stated: IN FULL….. 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.:-Original creditor Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor?Yes I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was you last payment:-I’m not sure Why did you cease payments:-Around March 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
  3. Hi, I received an Ordinary cause Claim a few weeks ago. I've been to court to hand in my Notice of Intention to Defend. I've now got to put my Defence in . Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes. Any help or advice would be appreciated. Who Is The Claimant: Cabot Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Ordinary What is the claim for: 1. Jurisdiction 2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand. 3.The said agreement was an agreement regulated under the Consumer Credit Act 1974. 4.The defender failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC. The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 01/08/2012 and the pursuers have advised the defender of same. 5.The last payment was made to account on 21/08/2012. The said sum of £6000 is the sum sued for. 6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so. Claim Received:- 31/07/2017 Notice of Intention to Defend:- 21/08/17 Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17 What Documents are listed in Box E2: Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Credit card When did you enter into the original agreement before or after 2007? Before 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? No Notice of Assignment but I received letters from Cabot asking for payment. 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 your last payment:- 20/06/2012 Why did you cease payments:- Financial difficulty Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB
  4. Hi all. I got into more than £50k of debt a few years ago and ended up in dire financial trouble. I read up on these debts using a site called ****** and used their three letters method to deal with the banks, credit card companies and DCAs. A couple of weeks ago I received a writ from my local Sheriff Court as seen in the photos: I'll be honest, I'm terrified now. I get limited legal cover through my work i spoke with a solicitor. He was decidedly unimpressed with the letters and advised me to do a trust deed. He says Cabot are a big company and will definitely have the assignment, they wouldn't have spent money on the legal costs to begin with if they didn't have them. He did help me with a skeletal defence for court: I have set a meeting for tomorrow to start to arrange the trust deed. My honest feeling is that Cabot have nothing, but I would be risking my house if i was wrong. And I have no real basis to believe they don't have what they need. I have never received any letters from Cabot before the writ. No notice of assignment or even a demand for payment. I have had other DCA's for this account but they stopped responding after the three letters. I immediately sent Cabot the three letters by recorded delivery but they have never responded. The last day for making adjustments to the writ or defences is 11th November. i have a bit of breathing space but I'm really worried. Any help will be much appreciated. Ps the letters are like this:
  5. Hi, I'm hoping for some advice re. an ordinary cause action I'm defending in Scotland . The Pursuer is Arrow Global with Shoosmiths acting as their solicitors - pursuing an alleged debt of £7,239 which they claim was assigned to them by HBOS. The last day for submitting any adjustments to either the writ or defences is 1st April (i.e tomorrow!!). I had previously requested a lot of relevant documentation regarding this case, but heard nothing until today when Shoosmiths telephoned me, saying they now had the documentation I had requested and asking if they could send it to me by e-mail, adding that they would send the hard copies to follow by post. What they have actually e-mailed is a greatly adjusted writ, which has clearly been re-written in response to my original defences, along with a copy of a personal loan agreement I had signed 15 years ago for an advance of £2000 with approx £500 in personal protection. The documents they have sent me have clearly been submitted to the court today as well, which will keep them within the time limit for submitting adjustments, but I did not receive the e-mail until late afternoon, so I was already too late to respond by the time I received it. I can't believe I was stupid enough to give them my e-mail address, and I can't believe they can get away with pulling a prank like this. Surely there must be something I can do to be able to respond to their significantly re-worded writ. I would be grateful for any advice that anyone can offer.
  6. I need some advice. I am dealing with a small estate. There are two executors and the two executors share the estate. There is still money to be collected before the estate can be settled but the other beneficiary is getting impatient and raised a writ for her half. I have responded to the writ and there have been a couple of adjustments. There was an Options Hearing a few weeks ago and the other side asked for a continuance. I did not agree and stated that I wanted to proceed there and then. The Sheriff looked at the paperwork and noted that I had submitted a note in support of my preliminary plea. However, there was no preliminary plea in the "record" therfore the Sheriff could not entertain any plea from me. My case would have failed therefore he suggested that I accept a continuance for four weeks to sort it out. I forwarded my preliminary plea again to the pursuer's solicitor and expected them to update the "record" so that when we meet again the Sheriff can consider my preliminary plea. However, I received, yesterday, a MOTION asking for:- 1. to grant a decree against the defender for half the estate; 2. to find the defender liable for expenses, and 3. Quad ulta to dismiss the craves of the writ I suspect that the pursuer is not going to include my provisional plea therefore the advice I need is - How do I ensure that my preliminary plea is included in the record, or maybe the question is - How do I lodge my preliminary plea so as to ensure that the Sheriff takes it into consideration?
  7. Briefly, - I have been taken to court in an ordinary action. My case is remarkably similar to one in another thread by someone called 'GLW'. However - I couldn't access any kind of legal help and have been forced to try and defend the case on my own. I am at the stage where I face an options hearing tomorrow. I some quick and urgent questions. 1) The pursuers didn't post their FIRST note of adjustments or inventory of productions until the very last day. Like GLW their initial write was based on utter tripe and their adjusted writ is still a bit 'wrong' - I have put a note in with my rule 22 note asking for a further period of adjustments. 2) Just phoned the sheriff court who tell me that (as I suspected) I SHOULD have got a copy of the record from the pursuer - I haven't! Though the court confirm it WAS lodged wih them... 3) In the meantime I applied for DAS - Pursuers solicitors have been told this and I am on the 'protected' register... still looks like they're going ahead with the action though. REALLY panicing now as I've never been to court in my life - don't know what to expect really... Question I have just now is DOES the fact I've not been sent a copy of the record give me any leverage - if so how do I use it? Basically I'm with GLW in that I feel CPUTR is being breached in bringing the action; my main agenda is resisting them loading the debt with costs. - like GLW I challenged them for proof of their claims but to date have none. I only 'folded' and went for DAS because I feel bullied into capitulating due to the court action
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