Cabot / Optima Ordinary Cause Summons - £25k BoS loan

[McGoo72]

I'm trying to get everything in order for monday.

Thanks again.

[McGoo72]

Ok I have been to CAB today and they were very helpful.

I couldn't get a meeting with their solicitor as the court proceedings have already started, meaning I would have to actually appoint them before they will advise me.

I have attached the blank G9 to this post. I think I have filled it out correctly:

 

Form G9

Form of notice of opposition to motion or minute

Court Ref: #####

 

SHERIFFDOM OF TAYSIDE, CENTRAL AND FIFE AT FALKIRK

NOTICE OF OPPOSITION TO MOTION

AT FALKIRK SHERIFF COURT

 

in the cause

 

CABOT FINANCIAL (UK) LTD having their Registered Office at 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA

PURSUERS

 

Against

 

#####

DEFENDER

 

Notice of opposition to motion given by ##### to CABOT FINANCIAL (UK) LTD 1 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4UA and Solicitors Optima Legal, RWF House, 5 Renfield Street, Glasgow, G2 5EZ by First Class Recorded Delivery on 20 October 2015.

 

Date: 20 October 2015

 

......................

Defender

######

 

I will deliver it to court Sheriff Clerk tomorrow in person and get a receipt. I will then send Optima Legal a copy.

 

I was also wondering if I should send Cabot a Subject Access Request?

[dx100uk]

normally little point in an sar to a dca

 

 

they normally go to the oc

 

 

dx

[McGoo72]

Sorry what is oc?

[dx100uk]

original creditor.................

[McGoo72]

Ah ok dokey. Thanks

[McGoo72]

I delivered this to the court today and had to pay £47 to lodge the opposition to their motion. Hearing for the motion set for next Wednesday. I'll get everything organised and hopefully get it dismissed and claim my expenses back.

[McGoo72]

Just back and still elated.

My opposition to their motion was upheld by the court. I did try to lodge my own motion to have the case dismissed but the Sheriff explained that there was no need as that will be the likely outcome at the next hearing.

Explain more later

[maroondevo52]

My opposition to their motion was upheld by the court

 

[deimosboy]

 

Great to hear that.

[dx100uk]

10/10

[McGoo72]

As predicted on here, it was a local agent who represented Cabot.

She didn't appear to know the story and actually looked a wee bit shell shocked.

 

My case was called two cases after a guy walked out of the court saying "Parasites the lot of you".

I wasn't expecting the Sheriff to be in a good mood after that but it went well.

 

The Sheriff was very patient and explained everything as we went along.

It only took around ten minutes but I'd waited for two hours by then.

 

She asked why I was opposing the motion and I said it was because I was certain Cabot did not have the paperwork and were stalling for time.

 

I said that this had been hanging over me since August and I wanted it dealt with as soon as possible. She agreed

 

I asked if I could lodge my own motion to have it dismissed but the Sheriff explained that it has to be done 7 days in advance and lodged with the Clerk's office.

 

I would also have to pay another fee.

 

As the Options hearing is 25th November she said it would be better to wait.

She said I would need to talk with a solicitor as 11th November is the last day for making adjustments to the Writ or Defences.

 

11th November is the last day for making adjustments to the Writ or Defences.

 

Will I have to go into more detail or just stick with the skeletal defence that I lodged?

[dx100uk]

p'haps deimosboy will comment soon

 

 

dx

[IdaInFife]

can you post up your defense?

[McGoo72]

It's the skeletal defence attached to my first post.

Basically denying their claim but I'm not sure if I now have to do it in detail.

[deimosboy]

The skeleton defence I would have thought be sufficient.

 

It comes down to them having the paperwork as the motion for adjournment/sist has been declined.

 

I would suggest that the sheriff is with you at the moment and they know they have to lodge the papers or it is dismissed so you have to bring her the sheriff with you when you are called to speak.

 

Don't get personal issues like stress or worry involved its the law its not about that, its about procedure.

 

So when called to speak after they don't produce the papers ask for dismissal as it is up to the pursuer to prove their case and without the paperwork that simply is not possible.

 

Procedurally i don't think you can get decree absolvitor without the case being heard but hey ask for it and let the sheriff tell you otherwise.

 

Fingers crossed they don't have the papers. If they do, ask the sheriff for the longest period for the next calling to engage a solicitor (this only really is to give you time to get the trust deed in place).

 

Remember dismissal is essentially only a stay of execution as such. The worry will be that at some point, until time barred, they find the papers and lodge another claim against you

 

. Going back to your first post you were running to get a trust deed this may be ultimately where you end up but whether you have to do this or not is outside your control so should not let it stress or dominate your life.

 

All you can do if they have the papers is defend it or trust deed to protect yourself so you have options. So when it is dismissed move on and don't rush to check the post every morning live your life.

 

And remember to ask for expenses with the dismissal.

[dx100uk]

thanks for popping in

 

 

dx

[McGoo72]

Many thanks once again deimosboy. You've helped me out enormously.

[dx100uk]

thread tidied

[McGoo72]

I'm just back from court. The sheriff very nearly ruled for Cabot as I had only submitted a skeletal defence and not explained it fully.

He gave me another two weeks to get it sorted and lodged with the clerk.

[deimosboy]

It is the formality of the higher court where things have to be in writing i guess, in small claim there is more flexibility.

 

 

I would speak with the solicitor that drafted the skeletal defence,

it does not need much expansion to be honest which I am sure he will confirm.

 

I could n't see the document of with their claims but assume they have stated their claim along the lines of

1) who you are and jurisdiction of court - so admitted

 

2), 3), 4) being details of your loan with original lender,

detailed date of last payment,

detailed date of last correspondence,

detailed that they have had the debt assigned to the them and so on.

 

Your solicitor can add simple additions to your defence like

 

2) where is they claim the loan has been assigned - defence is

2) Not known and not admitted the Pursuer is called upon to lodge vouching of same. Their failure to do so shall be founded upon.

 

3) where they claim the amount, date of last payment etc defence is

3) Not known and not admitted the Pursuer is called upon to lodge vouching of same. Their failure to do so shall be founded upon.

 

As I say its the formality of the higher court but does not mean you can't deal with it yourself

i's and t's need to be crossed and the expanded defence required will be no more that an extra line or two as above.

 

You could engage the CAB solicitor now to defend it and have it thrown out,

your solicitor could easily draught the defence as above and give you a script of what to say and when.

 

Fundamental principle is that if you defend they must present documentation written, oral witness evidence to support their claim,

if they are unable to do so the court has to dismiss

you need not offer or give any evidence (though you would have lodged any evidence and stated a defence)

 

 

you can ask the court to decide stating they have not offered anything to support their claims.

 

 

So I think the sheriff is asking for you to formally state their need to lodge supporting documentation to their claims.

Your defence is therefore in simple terms prove it

which you need to state by extending the lodged defence.

If it were small claim you would have been out of there.

[McGoo72]

Ok I'll look at how to get this done.

I'm not keen to go back to the original solicitor as he told me to get a trust deed.

[McGoo72]

Ok I have finally received a reply to my CCA request.

[dx100uk]

ive removed them as jpgs don't work

put all the pix in a WORD DOC

then file save as .pdf

and upload

 

 

dx

[McGoo72]

Fixed now I think