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Nolans/Cabot/Vanquis - small claim - may be statute barred / SCOTLAND


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A quick question as I might need to act fast.

 

My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address.

 

I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply?

 

I will try and post more detail tomorrow.

 

The promised further detail.

 

The Form 1a was sent by Walker Love, on the behalf of Nolans Solicitors, in the normal post to an address that we vacated over 18 months ago.

 

 

I am aware of other communications directly from Nolans to this address,

though I have no idea what debts they relate to.

We also had one from Nolans is to our current address,

followed by at least one more to the old address.

 

Nolans say that they are now dealing with this matter on their clients behalf and that all future communications should be with them and not to their clients.

Should I send an SAR or CCA Request to Nolans?

 

The details of the claim are:

 

1. A paragraph to show that the defendant lives within the jurisdiction of the court, even though she doesn't live there any more. However, we have not moved far enough for this to matter.

 

2. [Verbatim] On 24/04/09 the defender entered an agreement with VANQUIS under which the defender borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the Consumer Credit Act 1974.

 

The defender failed to pay as agreed on demand and is in breach of contract with the said Vanquis.

 

The said supplier assigned all rights to the said debt to Cabot Financial UK Ltd on 26/08/2011 and the pursuers have advised the defender of same.

 

The said sum of £1103 is the sum sued for.

 

The pursuers have made frequent requests to the defender to make a payment of the said sum but the defender has refused or delayed to do so.

 

I think that this was for a credit card which was used for a short period time and I believe that no payments have been made since at least the summer of 2009 if not before.

 

My thinking is that our best defence is that the debt is too old and hence statute barred.

 

However we have no records to confirm when the last payment was made therefore I think that we need to contact either Vanquis, Cabot or Nolans to ask them.

 

Should this be done by phone, an SAR and/or CCA Request, or a specific letter?

 

Who should we ask–all three?

 

Do they need payments included?

 

I think it would worth asking for the Credit Agreement and all other data as well, as we may have other grounds of defence too.

And the amount may not correct.

 

I intend to respond to the court that we will defend the claim before the return date.

 

However, I expect that we will need to ask for a sist–delay to get the information we need back.

 

No account numbers except for Nolans reference.

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Hi,

 

In order to 'sist' the claim you would need to lodge a incidental application.

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

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

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

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It might be better to telephone the original creditor and ask them when the last payment was made to the account.

 

I will try and find someone who can advise further.

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You could send a CCA request to Cabot.

 

SAR will take too long I think, although it might be worth it. They have 40 calendar days in which to provide data. Again this would be best sent to the Original creditor.

 

When an account is assigned, all that goes with it is the name, address, value of the claim and account number so unless Cabot have had ownership of the account for a good period of time and a lot of communication has gone between you, there is little point in sending SAR to them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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CCA request to whomever has issued the claim yes

but remember this is post apr 2007 so a recon should do.

the claim should not of been issued without these being attached to it in Scotland

 

give vanquis a call get the date of you last use or payment

if that is better than 5yrs before the claim date

then its SB'd and the debt is extinguished.

 

walker love/Nolan/cabot often try this dodge in Scotland trying to 'hide' the original debt behind various names

so the court/defender doesn't know till the last minute

 

can I just ask a question

you have always been in Scotland and this card was signed up for whilst in Scotland too?

 

just that some of these turn out to be people that have moved north since taking out the credit

whereby SB of 6yrs applies not 5yrs.

 

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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reconstructed agreement.

 

time to go ring vanquis then

date of last payment or last use of the card is needed.

 

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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Apart from being extremely difficult to get through to a person at Vanquis without a valid card number, their customer services couldn't find my wife–presumably because the account is now in default and sold on.

 

So it will have to be a letter. SAR with a tenner, I think, and assuming that no response is received in time, then we will have to ask the court to delay the case. Can I use a cheque for the SAR fee, or is a postal order safer?

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another angle to use is to try and remember how you used to pay the account. D/D, cheque, debit card?? Then check either your online banking or old bank statements to see if you can find the last payments. Or even contact your bank

Just a thought :-)

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

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20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Apart from being extremely difficult to get through to a person at Vanquis without a valid card number, their customer services couldn't find my wife–presumably because the account is now in default and sold on.

 

So it will have to be a letter. SAR with a tenner, I think, and assuming that no response is received in time, then we will have to ask the court to delay the case. Can I use a cheque for the SAR fee, or is a postal order safer?

 

 

vanquis by LAW must hold the info for 6yrs from closure or sale

 

 

get back onto them and demand the information

surely somewhere you must have the 16 digit number

credit file?

 

 

old copy?

 

 

it would be better if you could file 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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  • 4 months later...

how is this going?

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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