Cabot/optima ordinary writ form 05 Halifax credit card **DISMISSED**

[diggie]

Today I got a citation from my local court for £8000 credit card debt. It is a form 05

 

The account was opened in 2001 and was defaulted in August 2006.

 

I was paying token payments of £1 toward this until 2010/11

 

The original lender was Halifax bank of Scotland.

The papers say that the account was assigned to Cabot in 26th January 2015

 

I have a notice of assignment dated December 2008

along with a welcome to Cabot letter saying they have bought the debt also dated December 2008.

 

I have today requested CCA information

 

I am not sure what to do now, it says I can either file a defence or apply for a time to pay direction.

 

I really don't have access to such sums of money to pay this

 

Any advice gratefully received

[IdaInFife]

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

[diggie]

Can anyone tell me what will likely happen if I admit the debt and offer £5 per month pay,mets, I am earning 300 per month no property or assets or savings

[IdaInFife]

well the court will probably allow them to claim 8% per annum so for ease sake the first year interest would be £640 and you offer to pay £60

 

you would never pay it off

[IdaInFife]

do you have other debts?

[dx100uk]

just to let you know

certainly where I am the very far n.e. Scotland

cabot never turn up

simply use a locum or whatever their title is

they know scant info about the debt

 

you def need to get a CCA request running.

 

what date have you got to respond by

and what date is the hearing?

 

 

DO NOT ADMIT TO THE DEBT OR OFFER TO PAY

let them provide an enforceable agreement & the correct T&C's and

T&C's for the time of the DN and any significant changes.

 

 

pers I doubt they will comply.

[diggie]

just to let you know

certainly where I am the very far n.e. Scotland

cabot never turn up

simply use a locum or whatever their title is

they know scant info about the debt

 

you def need to get a CCA request running.

 

what date have you got to respond by

and what date is the hearing?

 

 

DO NOT ADMIT TO THE DEBT OR OFFER TO PAY

let them provide an enforceable agreement & the correct T&C's and

T&C's for the time of the DN and any significant changes.

 

 

pers I doubt they will comply.

 

I have 21 days to reply by the 6 th October, I sent off the CCA letter yesterday,

 

I haven't had a letter before action or any letters regarding this account recently,

[diggie]

do you have other debts?

 

Yep, lots but all defaulted back in 2006 ,

I manage to keep up token payment until 2011 , I lost track of it all then

 

I realise I would never pay it off but I do not have any more money to pay it ,

 

What can they do to me if they win at court and I can't pay ? I'm terrified

 

I don't earn enough for them to arrest my wages,

my bank account never has enough in it to be frozen ,

I am in rented accommodation, I have a 10 yeAr old car, that's. It.

I don't know how to defend this claim,

I' will go and see citizens advice see what they say

Edited September 16, 2015 by diggie

[dx100uk]

well they've sat on this till its almost at its SB date...

what does that tell you.

...

 

 

fat chance of them getting an enforceable and signed CCA from 2001 I'd suspect.

 

 

hold you nerve

don't admit to anything

and don't write/phone answer them on the phone.

 

 

cabot are simply hoping for a non defended rubber stamped default judgement

as they always do.

 

 

theses no rush to send page 7 is it? if its a form 1a back till just before 6th October

defend it

 

 

write in the space near that part

- pursuer to provide signed agreement and other paperwork they intend to rely upon

to enable me to, if necessary, construct a suitable defence.

[diggie]

well they've sat on this till its almost at its SB date...

what does that tell you.

...

 

 

fat chance of them getting an enforceable and signed CCA from 2001 I'd suspect.

 

 

hold you nerve

don't admit to anything

and don't write/phone answer them on the phone.

 

 

cabot are simply hoping for a non defended rubber stamped default judgement

as they always do.

 

 

theses no rush to send page 7 is it? if its a form 1a back till just before 6th October

defend it

 

 

write in the space near that part

- pursuer to provide signed agreement and other paperwork they intend to rely upon

to enable me to, if necessary, construct a suitable defence.

 

Yes it is page /form 07 , so I write the above and hand it back in on the 6th.

 

Then what will happen, do I need to go to a solicitor? I can't afford it so I would rather do it my self if possible

 

And thank you I have been up all night worrying about this

[dx100uk]

nothing to worry about at all

you don't need a sols. its very easy to sort this

and win...

 

 

pers I'd be popping into the court and seeing the clerk to the Sherriff.[they have an office]

 

 

is the court local to you?

they are VERY helpful.

 

 

very worst that could happen is £1 a month IF you lose [fat chance of that happening!!]

[diggie]

Yes it's the local court Forfar

I didn't know that anyone at the court could help me.

I will fill out the form and hand it back in on the 5th october and then wait further developments. I costs £ 90 doesn't it?

At least I have a few weeks to get that together.

Thanks again ,

If it does go Against me how do I arrange the £ 1 a month is that direct with the court , and do I need to actually go to the court?

Sorry for the silly questions but my head is spinning

[dx100uk]

£90?

doesn't cost you anything.?

 

pers I'd simply pop into the office asap.

they'll put you right.

 

you will have to attend the court on the hearing date on the form

 

nothing special

all the cases will be heard together

you will simply be called to a table at the front.

 

if the sheriffs over there are like ours in the north east

they will guide you.

bottom line is without the signed agreement they are stuffed

the sheriff knows the score

[diggie]

It says on the form if you wish to defend this action lodge a notice to defend form 07 . The notice to defend along with the court fee of £90 must be lodged with the sheriff clerk within 21 days of 14th September

 

Oh and there is no hearing date on the form,

Edited September 16, 2015 by diggie

[dx100uk]

yes sorry leading you up a garden path

this is £8k here so

 

 

have you a CAB or alike near you

might be an idea to pop see them.

 

 

but the bottom line is cabot will need the signed agreement

 

 

dx

[diggie]

10 am on Friday to see debt adviser at the CAB

Now I'm worried

[dx100uk]

hopefully they'll be familiar with the writ.

should be

 

 

its no big deal really

calm down.

 

 

what you need to do is go read about the number of times cabot have simply not turned up

or discontinued a case because of no CCA.

 

 

final legal forum

or dca successes one here.

[janis6670]

Cabot raised an Ordinary Cause against me and when I tried to submit my own defence the Sheriff was very snippy and told me I hadn't followed the rules. Gave me 2 weeks to submit "legal defences"

[maroondevo52]

Cabot raised an Ordinary Cause against me and when I tried to submit my own defence the Sheriff was very snippy and told me I hadn't followed the rules. Gave me 2 weeks to submit "legal defences"

 

I think it's just your luck which Sheriff you talk to and how their days going, Edinburgh Sheriff court has a few 'nippy' clerks.

[diggie]

hopefully they'll be familiar with the writ.

should be

 

its no big deal really

calm down

 

what you need to do is go read about the number of times cabot have simply not turned up

or discontinued a case because of no CCA.

 

final legal forum

or dca successes one here.

 

Well I went to see a solicitor this morning and she advised waiting to see if they reply to the CCA request,

 

 

if I get the unenforceable letter then submit a defence other wise do nothing

and not return any response to the court and let the decree pass

and then offer them £1 a month as I don't earn enough for attachments or arrestment's

as they can do nothing else to me.

 

So I just need to hope they don't comply with the CCA request.

[dx100uk]

no you must defend using the no paperwork/holding def

if they fail to supply the paperwork

 

 

dx

[diggie]

Submitted notice to intend to defend and the date for submitting final defence is 28th October, going to put in an action to sist the claim as no CCA paper work has been received within the prescribed time scale.

[dx100uk]

great work

 

 

dx

[IdaInFife]

you need to issue an Incidental Application

[diggie]

Have just recieved a letter from Cabot, saying they can't find the documents and the debt is now unenforceable and they are not permitted to obtain a decree against me.