Scottish Court Summons - Nolans - Cabot vanquis debt

[Brian The Lion]

Hi, Im new to the forum and was hoping someone could give me some pointers.

 

Today I received a Court Summons relating to old Vanquis card debt that was sold on to Cabot Financial.

 

The original agreement was taken out in 2006.

 

In August 2014 I received a letter from Nolans (Kirkintilloch) relating to an unpaid debt of £1800.

Between 2009 and 2013 I had only worked for 6 months, hence the inability to pay creditors such as Vanquis.

 

I acknowledged the debt and proceeded in paying Nolans via Standing Order on 9th Sept 2014.

I have not missed any payments to date.

 

In Feb 2015 I received a letter claiming they had previously sent me a Statement of Affairs request.

I had not received the original and returned the 'new' SOA as requested at the end of Feb.

 

Until today I have received no further communication from Nolans.

They claim they sent me a letter to notify me of possible pending court action that I never received.

 

In these circumstances what is the best way to play this?

I will gladly continue to repay the debt,

but they arent my only creditor and I have 5 separate accounts that I am currently paying Lowells for.

 

Im an unsure how to deal with the Court Papers.

 

Any suggestions would be gratefully appreciated.

[fkofilee]

Is this in Scotland?

[Brian The Lion]

Is this in Scotland?

 

Yes it is. Sorry I should have specified that.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

[dx100uk]

is this a Scottish claimform or an English one please?

 

 

I also question why you are blindly paying DCA's on your other 'debts'?

 

 

have you ever sent hem a CCA request for each one?

 

 

dx

[Brian The Lion]

is this a Scottish claimform or an English one please?

 

 

I also question why you are blindly paying DCA's on your other 'debts'?

 

 

have you ever sent hem a CCA request for each one?

 

 

dx

 

Its a Scottish claimform.

 

Im repaying the other debts because I have no reason to challenge them. I know they are valid debts that I owe.

 

My main issue at present is what is likely to happen with this court summons.

 

The facts are:-

 

I arranged a DMP via Standing Order with Nolans to pay off the credit card debt that was sold to Cabot.

 

Nolans sent me a letter in Feb 2015 that stated that I had not returned a Statement of Affairs that they had sent recently, which I never received. A blank SOA was attached to this "reminder letter" I sent an updated SOA to them which I have since received no acknowledgement of.

 

Today (3 months later) I received a court summons which on it states "The pursuers have made frequent requests to the Defender to make payment of the said sum but the defender has refused or delayed to do so" I dispute this because I have been paying them via Standing Order without missing any payments since the arrangement was set up in Sept 2014.

 

So whats likely to happen at court?

[dx100uk]

so what have you received please

 

small claims for value up to £3000

 

Summary Cause for value £3000 - £5000

 

Ordinary Action for over £5000

 

you certainly need to get a CCA request

off to the pursuer

blank £1 PO don't sign anything.

 

also with regard to your other debts:

I know they are valid debts that I owe. - they'll need one too

whilst you are at it .

just remember a DCA is NOT A BAILIFF

[Brian The Lion]

It is a small claims summons I have received.

 

I will send a CCA request tomorrow morning. If they fail to reply within the 12+2 days what is the next course of action for me?

 

How does this affect my court papers return date of 8th June?

 

Does the fact that Ive been repaying them since September not mean Ive admitted my liability for the debt?

 

Do I send the CCA request to Nolans or Cabot Financial? Ive only ever had correspondence from Nolans. I dont have any record of any original account numbers

 

I have just had a quick look on Noddle. Its occured to me that this debt may be statute barred by now. How do I prove this? I dont have any original account number so cant contact Vanquis to prove when the last payment was made.

[fkofilee]

SAR it...

[Brian The Lion]

SAR it...

 

Is that easy to do without an original account number? Do I send the SAR to Nolans or Cabot or Vanquis? Nolans have specified that all communications should be made via their office.

[dx100uk]

forget the sar

you'll not have time

 

 

was there a full 5yrs BEFORE this:

I acknowledged the debt and proceeded in paying Nolans via Standing Order on 9th Sept 2014. ring vanquis and ask date of last payment.

 

 

when you paid nothing to vanquis or anyone?

 

 

if you don't know, ring vanquis and ask.

 

 

CCA request goes to cabot

 

 

dx