Cabot/Nolans scottish 1a Summary Claim - Merged HBOS debts **WON Decree absolvitor**

[Stoosh]

Wires crossed, sorry....wasn't home at the time to read the doc again

[Stoosh]

Filling out the return form over the weekend. Defence will be the statute barred argument.

 

I take it I should mention that I've asked for & not been provided with any evidence from Nolans or Cabot regarding the phantom payments?

[dx100uk]

Have you proved sb

[Stoosh]

I still haven't had any further information sent to me about the phantom payment dates they mentioned. Bank of Scotland were unable to provide me with the info I needed when I visited a branch in December.

Edited December 4, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

You don't need the pursurer to send you anything

 

Take a punt again

Go ring HBOS and try again

You might get a helpful agent

 

Ideally you need to prove sb

[Stoosh]

I done a bit of research on Robinson Way and some of their antics in the past.

.Very worried that they've opportunistically allocated a payment I made on an account that fell behind (mobile phone) to this to avoid statute barred.

 

 

I've never paid anything to them before or since -

the exact amount equated to my monthly mobile phone bill at the time as well.

[dx100uk]

robbersway are not linked to cabot

 

 

unless they were chasing for the OC before the debt was sold.

[Stoosh]

Just sending the form back today. I'm greatly for the help & support you guys have given.

 

None of the parties involved in this have presented me with evidence of these so-called payments. Had a complaint acknowledgment from Cabot but no actual follow-up.

 

Should there be anything beyond me stating I believe the debt to be statute barred, listing the fact I've been provided with dates but not amounts or payment methods.

 

Ok – things have changed quite drastically now.

 

Just spoke to Cabot & Nolans have sent payments of £78 on 28/11/16 & 28/12/16 for £88.85

 

Cabot now also saying the 2 payment dates they had related to the credit card & that there is no payments within the last 6 years to the overdraft.

 

So I’ve basically been the victim of fraud now.

 

False alarm...Cabot made an arse of it - those amounts were court fees, not payments

[dx100uk]

so all the way back [again] to post 4 then.

 

 

on page 7 blank out almost everything

you will be attending

you will be filing a defence

then debt is statute barred.

 

then copy it

and go hand it in at the sheriffs clerks office

[Stoosh]

Just had a call back.

..Cabot now saying they will receive statements from Lloyds tomorrow!

 

 

The last possible day I can apply to the summons..

 

How convenient...

[dx100uk]

Can't really keep explaining why you should not be using the phone ever on debts

[Stoosh]

Thanks again for the pointers

- I take it I list about the debt being statute barred on page where it says to list any facts regarding the circumstances of the claim on which I intend to rely, & leave the bit above about details of any counterclaim blank?

[dx100uk]

ah this is a summary cause

 

yes just add the debt is statute barred on page 7

 

page 6 as was

 

theres a thread here with a recent one in .

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473593-Capquest-Shoesmiths-Summary-Cause-Summons-old-Shop-direct-cat-debt&p=4988003#post4988003

[dx100uk]

due today make SURE you take it to the court

[Stoosh]

It arrived with them before 12pm today.

 

Cabot, needless to say, did not respond to me yesterday because as suspected.

 

I get what you've said about wasting time calling but I have everything detailed & during the call they've inadvertently confirmed that even they view part of this as statute barred.

[dx100uk]

but are they not using dates from a vanquis account to confuse themselves.??

 

their claim states.

24/06/2001 & 14/09/2001

enter agreements so must provide signed paperwork

they cant claim one was an OD as that's not as such under the consumer credit act

 

last payments 24/6/12 & 21/02/13..

 

that's what they need to counter.

[Stoosh]

I was clearly a typo on one of the very first letters they sent to me. The summons focuses on BoS

 

Visited a BoS branch twice to try and get account statements & they were unable to provide me with them.

 

I totally accept I've opened myself up to being messed about by calling Cabot but it was done from work so I can detail all calls & what was said.

 

One of their complaints people told me on Wednesday both payments related to the credit card portion of this debt - I tried to reaffirm this today & they more or less refused to answer.

 

Today they actually refused to converse with me about the account as it was with Nolans so they put me through to a different complaint handler.

 

They still don't have the information - the guy on Wednesday claimed he'd requested the last 6 payments on each account.

 

They're rumbled & they know it.....I'll be investigating all avenues possible once this is dealt with.

 

With regard to the first of the first account opening date,

I was under the age of 18 at the time..

..sure it was one of my parents who actually opened the account

- the overdraft wasn't started until numerous months after the current account was open.

[dx100uk]

well write all of this down as it could prove useful to you on the day of the hearing

esp if the local rep states they wish more time to gather the paperwork.

 

if you get a good sheriff, which most of them are, they know the games these fleecers play and will invite you to comment.

its only a table down the front anyway. very informal.

 

if you do get a spare morning

its always worthy to go sit in the public bit in the court where these are heard 'en-mass' from about 10AM.

 

then you'll get a feel for how these things run.

 

dx

[Stoosh]

Thanks DX - funnily enough, just had yet another call from Cabot - they have confirmed that Lloyds are unable to provide them with any information what so ever relating to the overdraft piece, however they are stating that account statements on the credit card us due with Nolans next week.

 

Curiously, the amount they are claiming I paid towards the outstanding balance of the credit card in June 2012 was in fact the entire outstanding balance - which if true how do I actually owe them any money?

 

They are telling me to contact Nolans now - frankly the lady was very nice and after trying to end the call multiple times & palm me to Nolans she ended up telling me more than she should have.

[Stoosh]

Based upon what has happened so far & the great advice from DX, I’m anticipating that it’s likely Nolans will ask for further time on this which I can hopefully throw out.

 

Cabot have now confirmed that they are unable to obtain any information in relation to the current account/overdraft piece – I asked if they were unable to provide proof of payments they claim I’ve made and the woman said that they cannot get a hold of anything at all – credit agreement, statements….nothing. So for Nolans to pursue this despite this information would be interesting.

 

Is there any value in me contacting Nolans today to ask what they will be doing now that they are unable to prove this portion?

[AndyOrch]

You could invite them to Discontinue their claim...or Abandonment as it is in Scottish Law

 

ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133

 

 

CHAPTER 19 ABANDONMENT

 

 

19.1 Abandonment of claim

 

 

 

Abandonment of claim

19.1. (1) At any time prior to decree being granted, the pursuer may offer to abandon the claim.

(2) If the pursuer offers to abandon, the sheriff clerk must assess the expenses payable by the pursuer to the defender on such basis as the sheriff may direct subject to the provisions of section 36B of the 1971 Act and rule 21.6, and the claim must be continued to the first appropriate court occurring not sooner than 14 days thereafter.

(3) If before the continued diet the pursuer makes payment to the defender of the amount fixed under paragraph (2), the sheriff must dismiss the action unless the pursuer consents to absolvitor.

(4) If before the continued diet the pursuer fails to pay the amount fixed under paragraph (2), the defender shall be entitled to decree of absolvitor with expenses.

 

 

Regards

 

Andy

[Stoosh]

Thanks Andy - just want to be prepared against them asking for more time when time really isn't the issue. It's the fact they cannot prove their claim that is.

 

To that end, wonder if it's worth writing or calling?

[AndyOrch]

Im not really up to speed with the Scottish Process but you can check here with regards to dealing with the claim from here on.

 

 

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules

[dx100uk]

As its not actual legal advise your require

but procedural advice you want

 

theres no problem with your ringing the Clerk to the sheriff's office and asking

 

all the ones I've deal with I think have only been 1a claims and simply were left sisted.

[Stoosh]

Cheers DX - I'm pretty sure Cabot were honest with me on Friday about them not having info on the current account piece but given how these people work I remain wary of them being less than truthful to me.

 

I'll call the clerk later today and see what they say.