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

[Stoosh]

I had a credit card and overdraft with Bank of Scotland that I opened in 2001.

 

 

To cut a long story short,

I started receiving letters from BoS in 2009 saying that they would be removing my overdraft facility by April/May 2010 so I’d owe them £2k overnight & be in default.

As this would’ve caused me huge financiual difficulty,

 

 

I did the following:

 

Called Bank of Scotland & visited my local branch

– both advised that my overdraft would end & there was nothing that could be done.

 

Visited Citizens Advice who assisted me in putting together a letter offering to incrementally reduce the overdraft

– I never received any kind of response to this letter.

 

As the deadline approached & the situation hadn’t been rectified,

I moved all of my banking to Barclays.

 

 

Cabot were sold the debt and chased me at my old address but I never got to speaking with them.

 

Earlier this year I started getting letters from Nolans about this debt but they’ve made a total pig’s ear of the letters

– they also have a debt of mine with Cabot for a Vanquis card and they keep mixing & merging the amounts.

 

I responded with the standard Statute Barred letter only for them to reply & say I’d made a payment in February 2013

– which is a total lie

– double checked my bank account and never made a payment to Cabot, Nolans or Bank of Scotland in at least 7 years.

 

Came in from work on Friday & Walker Love had tried to serve me papers

– I’m fuming with this as the debt is statute barred & they can’t prove otherwise yet they are trying to do this.

 

I’ve been going through a personal crisis due to an incident involving one of my children in the summer, we’re just trying to get ourselves on our feet again and grind through Xmas and now I have this crap to deal with.

 

Can anyone please advise what the best way to deal with this is?

 

The Vanquis debt is legit & I will pay it,

 

however the Lloyds/HBoS is statute barred and Nolans have made a pig’s ear of the letters,

sending a letter saying Vanquis but with the debt actually at the amount they claim I owe HBoS & vice versa.

[unclebulgaria67]

Send Nolans a copy of BOS statement of account showing last payment made, with covering letter advising that no payment made since, so it is statute barred.

 

Ask for proof of any payment they believe has been made in 2013, with the proof including card number used.

[Stoosh]

Thanks uncle bulgaria,

 

Haven't actually had the letter from Walker Love yet - not sure what it will be...

[dx100uk]

Just fill out page 7 of the summons and take it is to the court

Debt is statute barred

[dx100uk]

As for vanquis

 

Send Nolan's a CCA request

 

And then stop letter tennis on both

[Stoosh]

I'm writing today challenging them

- they are now saying I made a payment on 25th June 2012

- both Cabot & Nolans are saying this

- triple checked my bank statements and absolutely nothing paid to them on these dates from my account.

 

 

Worse still, neither of them can tell me how much the payment was for or how the payment was made.

 

Is it worth threatening FCA complaint given that they are attempt to chase a statute-barred debt?

[dx100uk]

No..

If the debt is sb'd then its sb'd let them willy wave

Do as post 4

[Stoosh]

'Willy Waiving' ? Got my summons today.

 

It's only the BoS part that they are taking me to court for, so it's 100% statute barred.

 

Actually can't believe they are allowed to take this that far.

[renegadeimp]

Cabot will lie through their teeth to get the money.

 

 

It is up to them to prove a payment was made,

and once you put them to task through the court theyll think " oh darn weve been rumbled"

then claim it was an admin error and discontinue.

[dx100uk]

Post 4 then

 

Simples

[Stoosh]

 

Just came home and read the summons.

 

They are stating it's on behalf of their client Cabot International through Lloyd's Bank

yet they've combined the statute barred debt with the amount I admittedly owe Vanquis

& haven't even mentioned Vanquis on the documents.

[renegadeimp]

Yep. its a well known trick by them to try and confuse everyone

[Stoosh]

It makes it harder to defend though. I'm happy enough to assume liability for the Vanquis portion they are claiming for but I'm not sure how to defend it.

 

The total amount equates exactly to the pence of the statute barred BoS debt & the Vanquis one.

 

Given that their info is wrong should I contest this?

[dx100uk]

no it doesn't

is this a claim 1a?

[Stoosh]

Yes Mate.

 

Claim 1a - the total amount they are asking for equates to the Vanquis & BoS debt combined yet they've failed to mention Vanquid in the form.

 

Not sure if they are deliberately muddying the waters as they know the BoS one is statute barred.

[Stoosh]

So if I attend the sheriff court, how exactly do I go about explaining their mistakes here?

 

They are asking for x amount in relation to a Bank of Scotland debt through Cabot which is statute barred.

 

They are asking for a lesser amount for Vanquis through Cabot, however they haven't mentioned Vanquis in the forms.

 

What a shambles this is - speaking with Cabot International, According to their records both of these debts are Bank of Scotland despite Nolans listing Vanquis on one of the occasions. One's an overdraft the other a credit card.

 

They are also saying I made a payment to it on 25/6/2012 & I was defaulted on 26/6/12 - why would I be defaulted the day after making a payment?

[unclebulgaria67]

They are the claimant, so have to provide evidence of the claim. You just question their claim and ask them for evidence.

 

Just get hold of BOS statements proving statute barred, just in case required.

[Stoosh]

Just spoke with Canot International - they are claiming I made a payment within my branch towards this account and also several 'FastPay' payments via a Lloyds bank account.

 

Cannot actually believe this, they are essentially trying to defraud me here!

 

 

I've never had a Lloyds Bank account - I left BoS long before Lloyds took hold of them too

[unclebulgaria67]

So you need copies of statements from BOS to disprove what they are saying.

 

It could simply be the case that Cabot have had someone elses statements scanned to your debt file in error. They have not spotted the error.

[Stoosh]

They are also saying that I made a payment on 25/6/12 then I was defaulted the next day..

 

Why would they default me if I was paying it? lol

[dx100uk]

You seriously need to stop talking to the pursuer's. On the phone!!

 

Cabot will tell you anything to detract you from defending and missing dates

 

Do as I have said today else the courts will be closed until after you response date

 

I will take apart their claim later

As the claim 1a form in only a generic fill in form

[dx100uk]

can you post up suitably redacted scans of pages 1&2 of the summons to PDF

..follow the upload

[Stoosh]

Document attached dx100 - thanks for taking a look.

Nolans Summons.pdf

 

So despite the error in their letter the summons is correct.

 

Bank of Scotland credit card and Bank of Scotland overdraft - both statute barred - they've listed 2 final payment dates that are within the last 5 years - both of which are totally false - I've only had one current account since leaving HBoS and there are no transactions that tie in with what they are saying at all.

[unclebulgaria67]

It mentions Lloyds/TSB in the summons.

 

Did you take out any account with them in 2001 ?

 

In 2001, Lloyds/TSB and BOS were totally different companies.

 

Have you made requests for information ?

[Stoosh]

You're correct - it was taken out with Bank of Scotland a long time before they were one and the same - any relevancy?

 

I'm sending a request for info today.

 

 

Should I send a CCA request?