Cabot - Summons / Form 04 citation - old welcome finance debt - SB'd?

[janis6670]

Yes completely

 

I know I need to wait

No patience!!!!!

[dx100uk]

walker love serving a small claims form 1a no doubt

 

bet cabot and nolans are involved somewhere too

 

how are you gauging the SB?

if you took credit out in England and moved north later

6yrs applies sadly

[janis6670]

So it'd some kind of paperwork to do with welcome sb'd account. "Motion to oppose"

 

I thought I already had said I was defending

and entered my defence but hey ho,

 

what's another piece of paper

[dx100uk]

in other words they are disputing your SB defence.

 

pers I would not have used the word secured or told them as such

if they [the pursuers] don't write as such about a debt on the citation

 

I would not have told them .

[IdaInFife]

The would not send out a motion to oppose just to dispute a sb? or any defense that i have ever seen

 

what does the motion actually state?

[janis6670]

Ida, it doesn't say anything other than form G7 Motion to Oppose in the case of Cabot v Me and I should return form G9( noice of opposition to motion)

The Form of Motion states that I have failed to lodge written defences timeously. But I have!!!

[dx100uk]

no harm in ringing the court and asking what is going on.

[janis6670]

So I went to the sherrif clerks office today.the only thing they can suggest is that shoosmiths think there may not be enough info in my defences.had to pay another £45 to submit a motion to oppose

[janis6670]

Any advice re attending an Options Hearing on Wednesday would be most appreciated. I am convinced of my Statute Barred status so I am doing this by myself. A bit nervous now though

[dx100uk]

The debt is statute barred end off.

 

That's all you need to state nothing else.

 

Watch out for them wanting a little chat before the hearing.

 

Don't !!

 

You have nothing to negotiate over

And do not let them get away with not meeting your costs

Esp the fee you just had to pay

You should not be having to pay anything

The debt is extinguished under Scottish law

 

Now belt and braces for ref

 

The agreement that might be produced (but not at this hearing..if if if ..it goes further)

Will be a rewrite not signed by you

But prob signed by a member of welcome staff over the phone

It might well have a hand written account number

That's is no good

Your org 2004 one would have been typed

And I bet you have a copy in your old sar??

 

But anyway they've got the SB hurdle to jump first!!!!!

 

DX

[janis6670]

Thanks Dx, its just that I didn't expect to have to actually attend court.

[janis6670]

What paperwork should I need?

[dx100uk]

only what the citation states pages 1 & 2 I think it is?

 

its for them to prove its not sb'd

not for you to prove it is.

 

I would suspect it will be relisted or whatever the Scottish eqv is

to give the pursuer time to produce whatever they intend to rely upon to counter your SB claim.

 

not really too sure.

 

but they certainly can't magic anything up regarding that to the sheriff

as you've not seen it,

[IdaInFife]

I have edited post as i have just read the full thread.

 

This is a secured loan so the SB rules are different its 20 years not 5

[janis6670]

Ida, its not secured any more cos there is no charge recorded at the Land Registry. I am sure that it was DX who confirmed this for me earlier

[IdaInFife]

They would only apply for a charge once you have failed payments so thats' what they will be looking for now so you cannot sell unless you pay up.

[IdaInFife]

gonna see if it can get confirmation either way with something from previous case

[janis6670]

Sorry, I don't understand your last post

[IdaInFife]

Hi Janis,

 

I was meaning would try and get something to link too.

 

There does not have to be an actual charge on a property for the secured loan.

 

Up here the secured loan is still under "secured rules" which means that they have 20 years to enforce for payment.

 

Creditors are likely to apply to court for an inhibition order which prevents you from selling your home until the debt is paid which has to be renewed every 5 years.

[dx100uk]

theres a thread here somewhere

about welcome removing the majority of its security against secured loans

and how it appeared, and to this day, that all security was removed and welcome were no longer legally interested in that side of

the loan

they resorted to a std loan.

 

as far as I'm aware, if a creditor removes the requirement for security, that's the end of it.

 

but ok Scotland might be diff.

 

I think the info is on the FCA website but it certainly here

IMHO I'd call their [cabots] bluff, prove what the loan is secured against if needs be.

 

dx

[janis6670]

I guess I will find out tomorrow. Wish me luck!

[IdaInFife]

Good Luck for tomorrow.

 

Lets us know what happens and pay attention to what the judge says as they can give clues

[janis6670]

Thanks Ida

[janis6670]

Nothing is ever simple is it?? S

 

went to my options hearing today and

 

the Sheriff told me that there are rules which I should abide by and I haven't.

 

By not seeking legal advice and entering "legal Defences".

I now have 2 weeks to do so and return in September.

 

I was sure that my own defence was sufficient and no-one told me otherwise.

 

Cabot were also awarded expenses since the Motion calling was dismissed.

 

now I am £130 court fees down as well as having to get a solicitor and pay them and expenses

[dx100uk]

why the beep do you need legal help on a debt that is statute barred and shouldn't even be in court?

 

 

puzzled?