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

[dx100uk]

to me that look enforceable.

 

so why the heck did hbos sell a loan debt that large to a debt buyer..mystery to me

[McGoo72]

It would appear that when this arrived in court the sheriff sisted the claim.

I haven't received a anything telling me what happened yet.

 

I'm not sure if I need to contact the court or Cabot's lawyers to find out.

 

I assume nobody else has had anything go to this stage in Scotland?

 

I'm running out of ideas

[dx100uk]

you never contact the claimant

 

 

ring the court.

 

 

dx

[McGoo72]

Ok thanks

[McGoo72]

Well it's now May and, as predicted here,

 

Cabot have not been able to come up with the paperwork to progress their case.

 

The case is sisted and will remain so until I don't know when.

 

It turns out I was in a starring competition with Cabot, and I very nearly blinked.

 

Sleekit gits.

[McGoo72]

Update

= received a court citation from sheriff officers for this Friday 26th.

 

G6 form attached which has -

"Cabot as The Pursuers respectfully move the Court to:

1 Recall the sist granted on 16 December 2015; and thereafter

2 grant Decree as craved together with expenses as taxed"

 

This claim from Cabot ended up sisted after I got help here.

They are now back.

 

I need a bit more help please.

 

I sent off a CCA request by recorded delivery 1st October 2015 to Cabot.

They did not respond until 20th November 2015.

 

That is clearly not within the statutory time limit.

 

According to the info I have seen on here

if it is not sent within this timescale they are in default of my CCA request

BUT, how do I then get this dismissed?

 

I can't find where it's written that because they didn't reply in time they then have no case in law.

 

I think I will have to get a solicitor for this.

[dx100uk]

no such thing anymore

 

that went out the windows years ago - non compliance to time scales.

 

so have cabot coughed with an enforceable CCA save me looking back?

 

you oppose the motion

 

read this thread through

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212092-Bombshell-dropped-today!!-Advice-urgently-required/page2

 

 

dx

[deimosboy]

In a summary cause their non compliance with the CCA request probably means nothing so long as they have provided the documentation. A solicitor may be able to argue some mileage on the technicality but for you don't bother.

 

You do have the paperwork from the CCA request as if you don't they have nothing to enforce/ prove their claim.

 

There has been no proof hearing, their motion is removing the sist and starting the process again which would require a proof. This suggests they now have paperwork to proceed or they don't, they aren't going to get by now and start the process in the hope you don't turn up and they get the decree.

 

So as it stands

1) The next hearing is to start the process recalling the sist

A) You don't turn up or don't oppose second point they get decree

B) You turn up having lodge a motion denying second option as they have provided not proof to the court Sheriff will set the proof diet.

C) You add to your motion case to be dismissed as the pursuer copy their layout

1) The Pursuer has failed to comply with the CCA cite the act and clause of the act it is therefore unenforceable in this court

2) The Defender having no previous business or connection the pursuers have at no time been able to establish there is indeed a debt to them having failed to provide you or the court with a novation or assignation

3) (Take you the original contract terms) It is for the pursuer to prove the original terms contract allow for any assignation or novation. A specific clause required in the contract would be required as without such a clause to allow transfer your written permission would be required.

4) The pursuer having been unable to establish a claim in law you crave the court for decree absolivtor together with expense

 

If it were me I would lodge the motion with B & C providing they have not provided you with anything. I would check with the sheriff clerk it will be acceptable for the sheriff to consider and then lodge it. I would do this in the knowledge that I can argue that I need to engage a solicitor to take on the proof diet and ask for the date with sufficient time to do so.

 

Unless someone on here can give you a definitive process for defending the more formal ordinary cause I would engage the CAB solicitor now to take on the proof if required. But I roll the dice you may just want to end all this at the next opportunity CAB provide that assurance (providing they have not produced documentation).

[dx100uk]

they have supplier an enforceable agreement by the looks of things.

 

see past posts

 

I see the CCA attachment is from before our crash

can you re attach it again please

not sure if cabot have supplied the assignment mind?

[deimosboy]

 

I think he has a response to the CCA request may just be a letter acknowledging his request as per his post 2nd May 2016 mentioning blinking game with Cabot and not coming up with paperwork not sure they actually have anything enforceable to use in court.

 

Have they sent a copy of your original agreement, signed or unsigned?

Does it have the terms and conditions?

They need the above to have a claim against you.

Have they sent an assignation agreement?

If not a solicitor could argue a defence especially if no clause in the original terms.

Do you have your own copy of the original agreement with terms?

Do you have any correspondence from them notifying you that they have been assigned the debt?

[McGoo72]

Sorry folks I was trying to read through the other thread.

 

I'll repost their response to the CCA request once I can get it scanned

 

CCA response from Cabot

 

As I understand it the debt collector Cabot must give me a copy of the original loan agreement.

 

You can tell from this that it has been copied many times and is certainly not from the original

 

Cabot CCA return.pdf

 

This is the citation paperwork that was posted through my letterbox.

 

I have never received anything from Cabot or their solicitors confirming they have, or have ever had, a deed of assignation.

 

It all still seems very fishy to me as the original loan was for both myself and my wife, yet she has never received anything from them.

 

Citation.pdf

[deimosboy]

Had your received the CCA before the last time you were in court?

Someone will confirm if the contract terms are enforceable.

 

However if you read through the terms (I don't have time today) to see if there is any mention of assignation, novation if not you have a defence.

Have they lodged this with the court as a production?

Have they lodged a production and/or have you seen an assignation agreement between themselves and original lender?

It is likely they will be able to provide a signed assignation to produced for a proof diet.

 

I think you need to engage the CAB sol's to give you definitive legal advice and comfort when you go to court. Arguing the no term/clause to allow the assignation is not something I would personally take on in an ordinary cause, summary cause yes but the formality of the ordinary cause the sheriff has less discretion.

[McGoo72]

Yes but the case was then sisted in December of last year. I have heard no more until this citation arrived.

 

Under the T&C's listed they have number 12:

You are not allowed to transfer or assign all or part of your loan agreement or any of your rights or obligations under it without our consent. We may transfer our rights and obligations under your loan agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have other information about you. We may also arrange for any other person to carry out our rights and duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.

 

I don't know if they have lodged this as a production.

I have never seen a signed assignation, despite asking them to provide one.

 

I can't engage the CAB solicitor now as I had received advice from my union lawyers telling me to just sign a trust deed.

[deimosboy]

The options are narrowing for you, the clause for assignation is present in the signed the agreement.

They will in all likelyhood be able to produce an assignation document and so there is no real defence to lodge.

 

I don't know much about trust deed's but I am sure if you have a property with a spouse it is a better option than being sequestrated.

 

Also I am sure that it can take time to setup the trust deed or have it approved so you may be advised to stall the court action while you setup the trust deed as with decree Cabot could sequestrate you and that would scupper the trust plan. If that is the case you oppose the motion lodge a defence around the assignation and that will give you a couple of months to have it setup.

 

There will be more trust deed advice on here I am sure.

 

Its only money, don't make it the focus of your life and worries. The trust deed will take a away the stress, worry and provide certainty to allow you to move on in your life.

 

When the deed is in place and you are in a better place post an update.

 

Good luck.

[dx100uk]

Still puzzles me why HBOS sold a £25k debt...

[dx100uk]

any developments?