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


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about 12-18mts ago

welcome removed the charge on many customers account

 

no charge showing

its not secured

 

so if your last ack/payment was more than 5yrs ago the debt is extinguished

dead gone parrot.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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why its SB'd you are Scotland

end of the matter

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

go prove the debt is statute barred

 

perfect answer to the citation

 

and you've the lack of Signed CCA if that fails.

 

can you confirm please

 

the debt they have served the citation on was taken out whilst resident in Scotland too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It has Form 04 citation at the top.

 

then says that I am served with this copy.

 

Writ and warrant along with a notice of intention to defend.

 

To defend I should notify the sherrif clerk within 21 days

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bottom line is yes defend all

 

 

and get a CCA off to the claimant or whatever the eqiv is in Scotland.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have sent the CCA of to Cabot and it was signed for today.

 

I also sent a SB letter to Shoosmiths, also signed for now..

 

I now realise that the citation was delivered without being signed for.

 

Does this give me any advantage or disadvantage?

 

What next?

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surely if it sb'd you tell the court not shoes?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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re post 56

 

 

they cant bring a case

I'd be telling the court by whatever form you have to use

 

 

read that sticky I posted

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 2 weeks later...

I have now submitted my defence.

 

Given a court date.

 

No CCA back from Cabot but now

 

have a letter from shoosmiths saying that their client is investigating my dispute and they will be touch once complete.

 

What now?

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so you filed the SB defence?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes I have submitted my defence and still have time now to alter it.

 

I don't know now if I have put enough.

 

Ive said about the SB and about the CCa not being received,

 

Should it be in formal "legal" language though

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where from can you post it up?

 

you shouldn't ideally mix SB with anything else

 

its an absolute defence.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is what I have submitted.

 

In regard to the above I would like you to consider the following in defence of the claim.

 

The pursuers refer to an account which I believe is Statute Barred.

 

The last payment made to the original creditor was around 30th November 2009.

 

My understanding is that if no acknowledgment or payment is made in a 5 year period then the debt is extinguished.

 

I have received no contact from either the original creditor (Welcome Finance) or from Cabot.

Despite the claim that notice of assignment was issued, neither this nor any notice of default has been received by me.

 

I understand the original agreement is a secured loan,

however, on checking the Land Registry, there is no second charge placed on my property. Therefore, I cannot accept that this is a secured loan.

 

Since receipt of this writ, I have requested from Cabot a copy of the original agreement.

This request was sent by Recorded Delivery and signed for on 24th April 2015.

To date I have received no response.

 

 

I have also communicated with the Solicitors involved indicating the basis of my defence.

This letter was also sent by recorded delivery and signed for on 24th April 2015.

I have had no

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I have now submitted my defence.

 

Given a court date.

 

No CCA back from Cabot but now

 

have a letter from shoosmiths saying that their client is investigating my dispute and they will be touch once complete.

 

What now?

 

Hi,

 

If you have a court date and sent a copy of your defence to Shoosmiths, I think you'll have to wait on them getting back to you.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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surely the next move is theirs,

 

prove its not SB and cough up with the CCA please....

 

whens the case?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Just had a call from my daughter at home telling me that 2 men at the door to deliver "paperwork" which could not be given to anyone else.

Any ideas??

They are supposed to be coming back this evening.

 

I am in Scotland, if that makes any difference.

 

I already have a court date to defend a statute barred debt (Welcome) in augus

t and an unfulfilled CCA from Lowell/Provident

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Wait until this evening and see if they return janis6670

 

Regards

 

Andy

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Are you up to date with your council tax.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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