Cabot/Optima Scottish Small Claims Summons Form 1a - 2011 Vanquis Card 'debt'

[almdhussain]

Hi Everyone,

 

First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.

 

At the moment i am going thru the same level of stress and anxiety.

 

I recieved a Small Claim Summons from Edinburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot financial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.

 

As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.

 

I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.

 

In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.

 

As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.

********************************************************

Dear Sir/Madam:

I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:

1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****

2) The Deed of Assignment

****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****

 

3) The Deed of Novation

****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****

3) The Notice of Assignment and proof of service of said Assignment Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

4) The Default warning letter

 

5) Default Notice and proof of service of said Default Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

6) The Credit Card Agreement as mentioned in your particulars of Claim

*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******

 

I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.

*********************************************************************

PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.

 

Hope to hear from you guys soon

 

Thanks for your reply the documents in pdf

[almdhussain]

Hi Everyone,

 

First of all would like to thank all the brilliant people in this site who have helped lot of people beat the Debt Collection Agencies tactis which are threating and stressful.

 

At the moment i am going thru the same level of stress and anxiety.

 

I recieved a small claim Summons from Ednburgh Sheriff court Form 1a, this was from Optima Legal on behalf of Cabot fianancial uk ltd, which related to a debt with Vanquis bank credit card. The copies attached.

 

As you might all be aware the process in scotland is different, the reason for this new post is to share my experience with others in scotland as there are not many threads here relating to scotland.

 

I have started of with three letters in a span of three days to the solicitor and to Cabot but had no response from them till now, and should be sending and estoppel and section 10 notice soon to follow.

 

In scotland CPR 31 is not valid and we have to apply for an incidental application to the sheriff for such documents, i have been to the court and was told to first submit my repsonse and then i can make an application for the incidental application for such documents, which i shall be doing now.

 

As this is new for me i was wondering if i could get more help on this below is the draft for my incidental application, if you good people can comment which would help that would be great, i have made comments in bold where i want further help so if you guys can help that would be great.

************************* ************************* ******

Dear Sir/Madam:

I hereby make a formal request under ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133 CHAPTER 17: Recovery of documents and attendance of witnesses, for the following Documents:

1) The agreement. You will appreciate that in an ordinary case, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

****SHOULD I BE ATTACHING THE £1 FEE TO THIS APPLICATION AND QUOTE THE SECTION IN THIS PART****

2) The Deed of Assignment

****WHAT LAW AND CASE POINT WOULD BE BEST TO QUOTE HERE FOR DEED OF ASSIGNMENT*****

 

3) The Deed of Novation

****IS THIS VALID REQUEST FOR DEED OF NOVATION WHAT LAW AND CASEPOINT CAN I QUOTE*****

3) The Notice of Assignment and proof of service of said Assignment Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

4) The Default warning letter

 

 

5) Default Notice and proof of service of said Default Notice

****I KNOW THIS RELATES TO LAND AND PROPERTY ACT IS THIS VALID IN SCOTLAND*****

 

 

6) The Credit Card Agreement as mentioned in your particulars of Claim

*****AM I ASKING FOR THE SAME DOCUMENT AS IN MY REQUEST 1 OR IS THIS DIFFERENT TO THE ABOVE*******

 

I hereby request Sheriff Clerk to grant commission and diligence to recover the above listed documents from the pursuer.

************************* ************************* *******************

PLEASE REMEMBER GUYS I HAVE TO BE PHYSICALLY PRESENT IN FRONT OF SHERIFF SO THAT I CAN DEFEND MY REQUEST PROPERLY SO THE MORE INFORMATION THE BETTER PREPARED I AM SO PLEASE HELP.

 

Hope to hear from you guys soon

 

[ATTACH=CONFIG]58185[/ATTACH][ATTACH=CONFIG]58186[/ATTACH]

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

 

You need to convert your upload to PDF format.....no one can read it in JPEG

[dx100uk]

ouch your going to have issues here with it being a 2011 sign up

as a recon will suffice.

 

 

dx

[almdhussain]

sorry what is a recon? and how will it change things

 

ok just read about it and found this

 

Carey V HSBC Bank plc [2009] EWHC 3417 (QB) (23 December 2009)

 

"108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

 

"SUMMARY OF FINDINGS:

 

234.

 

(4). If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

[dx100uk]

they don't have to supply a copy of your actual signed agreement.

 

 

 

 

I'd be sending the claimant a CCA request

 

 

dx

[almdhussain]

Thanks for your reply, i have sent three letter requesting the same, i think they have to follow the below

 

copy of consumer credit agreement The Consumer Credit (EU Directive) Regulations 2010 section 55c

should they not follow the above even when i make a cca request as above they have not responded, but what i want to do is go thru the court by making an incidental application for the documents and would like some pointers if possible

[sgianthebard]

they don't have to supply a copy of your actual signed agreement.

 

 

 

 

I'd be sending the claimant a CCA request

 

 

dx

 

actually, the rules state that a copy of the agreement must be attached to the summons. BUT...the sherrif can overlook this if he or she is so inclined. BUT, if they overlook this, and yo ueventually lose your case, you will have a point of law to put on your appeal.

[dx100uk]

:rockon:

[almdhussain]

Hi, thanks for your comment, can you point to me in the right direction where it says the copy of agreement must be attached to the summons in the rules? anything in the scottish law will be good.

[almdhussain]

Hi

 

Today i recieved a letter from optima legal as below

 

***************

We acknowledge reciept of your letters of 15/18/22 june and note what you write.

 

We have passed a copy of your letters to our clients requesting a copy of Assignation,statement of account and credit agreement relating to the above agreement.

**************

 

Guys shall i still proceed with my incidental application to the sheriff as this does not cover all the docuements i want to recover or shall i wait, what are the pros and cons any experiences or suggestions

[AndyOrch]

Hi, thanks for your comment, can you point to me in the right direction where it says the copy of agreement must be attached to the summons in the rules? anything in the scottish law will be good.

 

" It is not necessary to produce any documents with the summons (although you may need to lodge them in court later if the case is defended) unless the claim relates to a regulated agreement under the Consumer Credit Act 1974 in which case you must attach a copy of the agreement to the summons. "

 

Page 6

 

[ATTACH]58228[/ATTACH]

 

And further information on the Scottish Procedure.

 

[ATTACH]58219[/ATTACH]

 

 

Regards

 

Andy

[almdhussain]

Thanks Andy added to my arsenal

[dx100uk]

sorry seems you've been missed

 

 

how is this going

 

 

dx

[almdhussain]

further update, i have done a CCA and got a reply from Cabot saying that they do not have the agreement and have asked the OC for the documentation and they acknowledge they cannot provide this to me in 12+2 days and should take atleast 40 days, is this normal??, what does this mean any experiences worth mentioning here????

 

Also done an incidental application for retrieval of documentation, awaiting for a hearing date from the sheriff court, nothing yet.

 

Also i have made a mistake, in 2012 due to various demands by DCA i approached CAB and asked them to help me with my problem, they have contacted all the DCA's and got me a payment plan, but i was not in a position to pay them anything as i lost my job and had financial difficulties and also health problems, now will this reset the five year limit? eventhough i have not contacted them directly, please advise.

[dx100uk]

depends if they have a record of it and what the letter said.

usual CCA letter from cabot if you read around

 

 

dx

[almdhussain]

Hello helpers,

 

A quick question, as i was sifting thru my old letters and paperwork, i came across two documents where i have said to the credit agencies that i do not recognise the account, amount and do not remember signing anything for that amount, for this above debt(Equifax/Experian/Noddle), i have confirmation letters for them from the above CRA's, now my question is,

 

Was this account in dispute since that date?

If yes could it have been sold to the DCA?

does it break any regulations if sold if the account was in dispute?

 

What ever the answer to the above can i use it in my defense, if so what regulations i can quote, I have my incidental application hearing on the 30th of July, should i be submitting this in my defense?

 

Please help.

 

Thanks a Million.

[dx100uk]

I'd stick solely to the no CCA bit

 

Dx

[AndyOrch]

Hello helpers,

 

A quick question, as i was sifting thru my old letters and paperwork, i came across two documents where i have said to the credit agencies that i do not recognise the account, amount and do not remember signing anything for that amount, for this above debt(Equifax/Experian/Noddle), i have confirmation letters for them from the above CRA's, now my question is,

 

Was this account in dispute since that date? No

If yes could it have been sold to the DCA? Yes

does it break any regulations if sold if the account was in dispute? No

 

What ever the answer to the above can i use it in my defense, No if so what regulations i can quote, I have my incidental application hearing on the 30th of July, should i be submitting this in my defense?

 

Please help.

 

Thanks a Million.

 

Andy

[almdhussain]

I had my incidental application hearing today and the pursuer has told the court that the case to be sisted and they will provide the documents voluntarily, this is what i have requested for.

 

My question how long the case can be sitting in the cold room?

 

Is there a way to unsist the case?, If so what do i have to do?

 

How long i have to wait before i can do that?

 

What is the procedure if there is any to do unsist the case?

 

Please advise.

[dx100uk]

as far as I am aware a sist is the same as a stayed claim south of the boarder

it could be years.

[mikeymack2002]

Since this is Vanquis have you sent a SAR for all of your statements yet,

they are well known for adding stacks of late and over limit fees plus

they tend to add their dreaded Repayment Option Plan and you can reclaim all of these fees.

 

 

I have successfully had a result from this company it will be worthwhile reclaiming any and all fees before it goes to Court...

[almdhussain]

I have recieved a letter from Cabot Financial stating that they have not been able to send me the requested documents in the stipulated time,

 

 

i sent them the request on 1st July this year and to date i have not recieved the documentation

 

 

, they say they will still keep requesting the documentation from Vanquis bank.

 

letter attached.

 

Two questions:

 

Can i use this letter and apply to the court for the case to be struck out?

 

If so i know i have to use form N244, but what is the process in scotland, can you please help me with this?

 

Hope to hear from you soon.

 

Thanks,

Hussain.

[dx100uk]

the case thus remains sisted then as far as I know

 

 

you could phone the court and ask.

 

 

but I think like down south

that it will cost you money to quash it, even if you could.

 

 

and ofcourse there is always the worry they will find the paperwork

and thus it would be a waste of said money.

 

 

TBH for a 2011 CCA

I suspect they'll eventually get the required document

even if it is a recon.

 

 

to be honest

I think the next move is theirs not yours

but no harm in ringing the court.

 

 

did you get that SAR off to the OC?

 

 

if not why not!

 

 

dx

[almdhussain]

I shall ring the court and ask how to proceed but i doubt they will give advise,

 

 

I have not done the SAR as i thought the court order requesting the doucmentation would be enough as i have included a request for PPI and all the charges and statements.

 

I thought a court order will serve better but i think i am wrong i shall do that this week.