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    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
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McGoo72

Ordinary Cause Summons from Cabot / Optima Legal for £25k BoS loan

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My action was summary cause and not ordinary cause, so this is a bit more formal and my worry would be falling foul of procedure with a stuffy sheriff.

 

You will have to lodge an objection to the motion.

 

But first thing I would do today is see if there is a in court adviser/s solicitor with the Citizens Advice. Also try Falkirk Community Advice Service 01324 659 391. They may appear for you but certainly will help at the least keep you procedurally right and draft any forms.

 

You probably qualify for legal aid so could be worthwhile speaking with a solicitor,but bear in mind they make money by going to court not by getting something dismissed at the first opportunity! So I would do my perry mason bit first and try to get it dismissed but fall back upon them if it goes to the full hearing next year.

 

Right if it were me I would through the dice here and still try to get this thrown out, so would lodge an objection to the motion. Being ordinary cause you may have to lodge a written motion rather than ask for a motion if it it were summary cause. This is where the advice will be helpful.

 

There may be some on here that can help explain and draftt what you need.

 

So you need to download form G9a or G9 from here

 

Copy the court details as per the summons received court, date, names etc. and email to court an coy in optima.

Check with the court as you will have a hearing for this motion to be heard.

 

At this hearing, and this is where the advice is needed, in my bag i would have a G6 form completed with a motion to dismiss.

 

The points which I would make in a cohesive statement are the following

 

1) Under the consumer Consumer Credit Act 1974 sections 77-79 a debtor if supplied a request in the correct form must provide documentation relating to the loan within 12 working days failing which the debt can not be enforced in law.

2) This 12 day period has passed and this debt is not enforceable under the provisions of the act.

3) Cabot are not the original lender, you have had no dealings with them.

4) There has been no correspondence from Cabot, you have received no correspondence from the original lender

5) No deed of assignation has been supplied again required under the act.

6) It is clear that the response to your CCA request Cabot do not have this paperwork.

7) It is therefor unclear whether they do hold any rights to this debt.

8) Cabot have chosen to bring this claim to court without having any papers, they can not be in a position to know if they have any claim in law.

9) Their solicitors would have advised them the court has three options to sist, adjourn or dismiss the claim.

10) You crave the court to dismiss the claim as clearly the Cabot brought the claim to court when it has no legal foundation to be heard. In failing to comply under the Consumer Credit Act 1974 sections 77-79 the matter can not be heard until they have complied.

 

I would explain verbally that there is no looming time bar impediment should the pursuer find the documentation and be in a position to present their claim to a court they would be free to do so.

 

If the sheriff is not minded to dismiss then ask for a short adjournment rather than a sist to allow the pursuer to get the paperwork but if they failed to do so you would request the court dismiss the matter at that time should they fail to do so.

 

 

 

So at the hearing on the motion let them speak and then you speak when asked to do so. Explain that this is all very stressful and that having a matter resting in court hanging over you when the pursuer can demonstrate no legal claim is unfair. You are unsure upon procedure (even if you are just play act) but you would ask the court to dismiss, you have a motion (take three copies) give one to the clerk and one to their solicitor. When you hand it over say you hope it is drafted correctly. I would then mutter just as the sheriff finishes reading that it can't be the case as a layman something be brought to court which legally it should and the court not agree with the defender as it is upto the pursuer to prove their claims and it is not for you to disprove. They are unable to do so, knew they were unable to do so and knew the risks.

 

Now let it hang in the air and see what the reaction is by the Sheriff.

 

 

Two things your motion to dismiss may be heard at the sist hearing or you may have to wait to the options hearing. That is what I am unclear on. So if you get the advice you will know but even if you don't be prepared for both options.

 

My thoughts are that even if it is not dismissed it can only be sisted or adjourned. At this point I have not lodged a defence, I have not lost any legal argument or foundation, I have not aided or weakened my position even if i chose later to engage a solicitor. The adjournment and the sist both allow for the same argument to be made at a future hearing where it would more likely then be dismissed.

 

Others may add to this or come at it from a different perspective which may be better advice.

 

If it is dismissed remember to ask for expenses also.

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

Thanks again.

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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?

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normally little point in an sar to a dca

 

 

they normally go to the oc

 

 

dx


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normally little point in an sar to a dca

 

 

they normally go to the oc

 

 

dx

 

Sorry what is oc?

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


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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.

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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 :whoo:

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My opposition to their motion was upheld by the court

 

:thumb:


 
 

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10/10


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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.

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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?

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p'haps deimosboy will comment soon

 

 

dx


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can you post up your defense?

 

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.

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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.

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thanks for popping in

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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.

 

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

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thread tidied


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.

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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.

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