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Cabot - summary cause Scotland - Merged Argos Card & Littlewoods Card help! **Case Dismissed ***


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I understood the parties agreed filing of minute to dismiss.

 

Can't imagine its possible to reopen the original case so it would need to bring new proceedings ( presumably on the same facts). If it still hasn't or can't overcome your CCA request I'm struggling to understand what it believes it can achieve.

 

I'd be inclined to wait for it to make the first move, any response to its current demands does nothing but cost you time and resources when the reality is that it is still lawfully obliged to comply with your request.

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Thanks Mike,

I really didnt expect to hear from them again after the case was dismissed.

If i remember correctly it was both parties agreed to dismiss but i also remember my lawyer saying

that they may want to start action again but she didnt think it would be likely.

 

 

I know the solicitor that Cabot used then were p****d off with them for not supplying them with info they were requesting

and thats why the case was sisted a couple of times before they asked to agree to the dismissal

so i doubt this solicitor would have much joy with them either.

 

 

Ive already told them that this has been taken to court and they want me to supply them with the info rather than go back to Cabot for it

so my take on that is that Cabot arent playing ball with them either.

 

 

I could do without the headache but i will hang tight to see what they come back at me with.

 

Delilah

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  • 2 months later...

Quick update folks.

 

I had sent Cabots new solicitors a partial copy of the court decree along with some partial copies of other stuff

(obviously partial copies which only showed stuff in my favour).

 

 

I got a letter back from them to say they had closed their case files and sent the case back to Cabot.

 

 

I got another letter from Cabot on Friday apologizing and saying that they were not informed by their solicitor that the case was dismissed

and that they have now closed their collection files/process against me.

Knock me down with a feather....an apology from Cabot. I think i will frame it. :lol:

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Thanks SFU, they had me panicking but thankfully i know them as a bunch of posteriors and chanced my luck. It was also a delaying tactic in case i had to use the Statute Barred rule on the 24/12/13 which was the date they said payment was made last 5 years ago. Phew! Thankfully my faith in posteriors won.

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Hi Delilah,

 

 

Well done!

 

 

I have received a small claims summons from Cabot and their solicitors (Shoe string) I'm due in court this month.

I'm looking for a solicitor to represent me as I know nothing about credit agreements, or procedures that Cabot should have followed. The supposed debt is from a company that I have not had an account with since 2005. I am in Fife and read from your post that you are at least on this side of the country lol.. Is your solicitor in this area by any chance?

Thanks in advance

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Telephone a couple of solicitors and ask if they can help, usually they will point you in the direction of a solicitor who can help. That was how i found my solicitor. If you havent acknowledged or paid anything to their alleged debt since 2005 its statute barred. Statute barred in Scotland is 5 years.

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Hi Unhappychappie,

 

If you would like to start a thread on this I'm sure we'll try and help you.

 

If you put something like 'Help, Cabot taking me to Court (date)/name of the original creditor' in the title it should attract people who have experience similar to your own and/or who can advise you. If you haven't paid anything towards the account or acknowledged it since 2005 it is definitely statute barred.

 

DD

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