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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.
I am back for more advice.... Partner was sacked - then offered job back after successful appeal. New terms were imposed which were totally unacceptable, so he didn't return to work there. As former employer owed lots of overtime, holiday and pension (per contract) we have submitted the ET1. The next step is the Remedy. ACAS called partner and said this was to be done net - I had worked out everything gross before that. So, my question is, how do I work out the net amount? Do I take the gross (which is easier to work out) and then assume that tax is charged at 20% and NI at 12%. So for every £100 gross in my numbers I show £68 (100-20-12) on the remedy? Does this mean that the employer takes responsibility for paying the PAYE and NI contributions? I am confused and any help would be gratefully received. Also, I always assumed that ACAS were there to make sure it was all done fairly but the CAB said it is not the case. That they want to clear as many cases as possible before going to court and they might recomend a very low figure just to get it sorted. Is it correct that we don't have to accept ACAS's deal and that we still have the choice of going to court?
Although I live overseas, I now need to start a couple of different claims for money owed to me in UK from events that arose in UK. The Money Claim OnLine service can be started from here. I fully anticipate at least one case will be disputed by the Defendant contesting my claim against him - so it will have to be transferred to my local County Court (UK not Russia!) for a Hearing. I have a UK address that I return to periodically and would return to for this purpose should it be necessary, but I would prefer this to be when I am already in UK for other purposes. I wish, as far as possible, to plan ahead with a possible timetable for this to fit in with when I might already be in UK, and work back from to when I will file the Claims. Where can I find, or what are, the time periods from/to/between the various steps and stages in the process (and which may require my physical presence) ? Or is this completely unpredictable and variable depending on individual Courts? And can I delay or suggest my availability of dates ? Thanks.