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

[unclebulgaria67]

Yes.

 

There may be other letters you can send asking for disclosure. Not sure what these are for Scotland.

 

The summons is factually incorrect, if you have never been a customer of Lloyds/TSB from 2001.

 

If the court accepted that at time of the debt default, the account was owned by Lloyds group, then you need Bank statements and you should contact BOS to get hold of these ASAP. Then you can evidence no payments by you in the last 5 years.

[Stoosh]

I asked Cabot yesterday & the day before for statements - they just kept saying they were sending them to Nolans as they've been requested.

 

Been trying to find a number to get my bank statements from HBoS - I remember the current account details but not the credit card details.

[unclebulgaria67]

If you provide all of the info you have, full name, date of birth, address history, then they will find all accounts and credit cards, even if you don't have a card number.

 

It mention two accounts taken out in 2001, what were these ?

[Stoosh]

It was for a classic visa card & current account w/ overdraft. they were signed up for at the one time.

[unclebulgaria67]

So the summons is factually incorrect on many things stated.

 

I think you really need to send a subject access request to BOS to get hold of everything on file. You can send one request for the visa card and bank account.

[Stoosh]

Doubtful I'll get it before the final hearing which is early Feb but will give it a whirl.

 

It doesn't make any sense to me why they are sitting telling me when I made the last payment but can't tell me how & how much for.

 

BTW I should add that Cabot defaulted me for this as well - so I have a default on my credit file from Bank of Scotland and Cabot for the same debt.

[dx100uk]

ref no at the end of page 2

attachment hidden.

 

go ring Lloyds or BOS whomever directly and ask for last payment dates.

 

doesn't matter about the dual default dates

but they must be wrong as well.

 

if you are going to file SB which you should

you don't need to send any requests.

[Stoosh]

I'll try them. Cabot weren't able to tell me how these phantom payments were made or how much they were for - but will try Lloyds/HBoS directly.

 

Thanks very much for the pointers here - it seems pretty straight forward - could've done without this at this time of year but hopefully it'll be fine.

[dx100uk]

a little tip for both of you

 

 

STOP hitting reply with quote

theres no need for it

and it makes a thread twice as long to see and read

and people give up

 

 

write you reply in the post quick reply box only!!

 

 

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

 

 

spend your day finding info out about the account but not from CQ or any of them on the claimform.

 

 

it will be a long trail

you might even find you end up at Clydesdale bank.

 

 

so last payment on each account.

just to prove you are not going scatty and forgot paying in 2012

[Stoosh]

Just tried Bank of Scotland - they are saying they don't hold statement info on closed accounts & would need to write in....girl thinks it's the same for current accounts.

[dx100uk]

ring again

 

if you made a supposed payment in 2012 it cant be closed as that's within 6yrs and they MUST hold statements for 6yrs.

 

don't forget you'll always get differing answers.

 

they sold it on and are not interested in you anymore

 

get tough and demand answers.

they are still legally responsible.

 

dx

[Stoosh]

Just ran my credit file.

 

They are trying to claim my last payment to the current account part was 25/6/12 - they defaulted me on 26/6/12

 

Why on earth would they default me the day after receiving payment?

 

I cannot believe how sloppy they are. They've also registered the entire debt on my credit file as a credit card when it was mostly an overdraft.

 

Should add that it only appears once on my credit file now as Cabot, no mention of BoS.

Twice now asked for an account statement and they just say "this has been requested by Nolans" I also asked them to send it to me yesterday and they said they would.

 

I'm assuming given this that it's Cabot I need to write to.

[dx100uk]

No as already said you don't contact anyone involved in the 1a claim

 

Go hound bos

Get that info

Stop getting fobbed off with excuses

Quote the dpa laws

[Stoosh]

Have had a look at old statements..

..I can find 1 £35 payment to Robinson Way which is within a few days of one of the dates they have given me

I am certain this was to clear arrears from an Orange mobile contract though.

[dx100uk]

well it doesn't look good that you were blindly paying DCA's money

just because you thought DCA's had magical powers.

 

you could have done it to this one.

 

go keep ringing BOS

 

we've just had a result with a cap1 debt

 

had to ring 3 times to get the info

 

saved my neighbour almost £9k on a summons

that was statute barred but cabot did the same thing and said payments were made in 2012

[Stoosh]

Bank of Scotland advising me to pop into a branch for a statement on the account.

 

Meant to say thanks to you all for the help on this - really worried about this and the timing of this

- my family have just bounced from one crisis to another this year.

 

Seemingly the info was requested on 6/12/16

- there is nothing what so ever on my credit file indicating a payment was made at all

- Cabot filed a default in June 2012 2 days after they claim I made my last payment.

 

Worried in case I'm partially wrong & I end up with my wages arrested or something

- I have a feeling that it might be half and half

- one payment made to one of the account but the June 2012 one is 110% bogus

- simply didn't happen.

 

I'm also very concerned that a payment made to a DCA in relation to an entirely separate matter may have been allocated to BoS

[dx100uk]

cabot cant file defaults only the OC can.

which is what puzzles me

BOS had the accounts in 2012

so that's within 6yrs.

 

even if 'both' are not SB'd and you file to that fact

it will alert to the correct balance that should be summons

 

rarely do you see arrestment on civil debt

twill be a minute monthly payment IF it EVER gets that far

 

so you have statements for both now coming?

[Stoosh]

This is what I was trying to say earlier in the week - there is zero reference to Bank of Scotland on my credit file - it says Cabot & it also says it's for a credit card only.

 

The Nolans summons states I was defaulted in 2014 which is wrong...It was June 2012...it only lists the default & nothing g about me making payments at all.

 

Re: statements I'm going into a branch tomorrow...however those statements won't show anything paid in 7/8 years

[dx100uk]

why have you not attained the information you want

the last payment dates for each debt?

 

when a debt is sold the name of the debt buyer replaces that of the oc.

 

the summons is not nolans its cabot

[Stoosh]

Because none of the parties involved are able to tell me anything other than dates of the payments.

 

Apparently Nolans sent a request to BoS on 6/12 & it could take another 2 weeks.

 

I find it highly suspect that the only info they have is dates...seem loads of summons on here similar to mine but with much more detail.

 

So Cabot & Nolans have told me since November that I made those 2 payments on x date however they only requested proof after launching the summons

[dx100uk]

no they didn't

you forced them too

it called a speculative claim.

 

hoping to be rubber stamped and not defended.

 

what is your response date to the summons?

[Stoosh]

Defence doesn't need to be in till 17/1...obviously I will be defending.

 

Walker Love searched my file the same day Nolans requested the info from Bank of Scotland....don't understand the discrepancy with the default date.

[dx100uk]

don't worry about your credit file

or anything else

you need to prove last payment dates..

 

 

faffin around with everything else is utter pointless........

 

 

you have a return date on the bottom of the 1a form page 1

what is that date?

[Stoosh]

20/1/17 ...hearing is 3/2/16

[dx100uk]

loads of time then

 

 

so where did the date in post 50 come from?

 

 

dx