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

[AndyOrch]

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.

 

But you dont really want it left sisted....Discontinued or Abandonment would be more preferable

[Stoosh]

Received written confirmation from Cabot on Friday that they've been unable to retrieve any details whatsoever regarding current account,

 

but statements about the CC sent to Nolans

 

but again don't think they have anything which disproves statute barred.

[Stoosh]

This is all over the place now.

 

Nolans sent me a letter today re-iterating the comments about the 2 payment dates.

 

 

I called them and asked what information they had that Cabot didn't and they couldn't answer

- then tried to sweet-talk me into agreeing a sist for 4 weeks.

[dx100uk]

all needs to be bought to the judges attention these shenanigans me thinks

[Stoosh]

it's been sisted till 3rd of March. Local Agent stood in front of the judge and claimed I'd agreed to the 4 week sist so that *I* could get the relevant documentation - quickly corrected them & told them Nolans asked for this but I hadn't agreed.

 

said they should think seriously about attempting to take this to trial should they not be able to get this information.

[dx100uk]

that's better

[Stoosh]

Is there any merit in writing to either party involved here?

 

Cabot have told me that they have passed all of the account info they got from Lloyds onto Nolans, so either they don't have the info they need or they do & are sitting on it - I think it's most likely the former.

 

Also, is there any basis for me to counterclaim due to the amount of time they've wasted?

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

[dx100uk]

no let it goto court and then you can hit them for wasted costs or whatever it is in Scotland ...

 

 

I've a funny feeling the court can award you upto/the equivalent of 75% of the like fees they charged the pursuer

[Stoosh]

So just had another letter fromantic Nolans

 

Included statements saying it confirms I made a payment on 25/6/12....said payment is a a bloody late payment charge!!!!! There are no payments whato so ever on the account within 7 years let alone 6.

 

Is there anything other than allowing this to go back to court I can do?

 

Cannot believe this mob..

[dx100uk]

its what nolans do sadly

 

they used to be quite ok and shall we say 'towed the Scottish line' until about 2yrs ago and now are quite unreasonable and unfathomable.

 

then they started to change when they got involved with cabot and capquest and multiple claims on the go at the same time

its almost like their staff are told to just fwd out the stupid gaming letters and claims C&C make

they didn't used to wash up here but its now changing.

 

sadly one of the pitfalls of the pursuer no longer having to attach all their enforceable paperwork to Scottish claims anymore

 

I've got on up here my way

 

aug 2015 cabot/nolans claim credit card

produced no docs sisted for 3mts

 

back dec 2015 still no docs left sisted

 

since then they've found the docs aug 2016

monthly Nolan letters we are doing to lift the sist

nothing to date

[Stoosh]

I checked through it all in more detail last night

- the statements are correct up until 2011 when they become a work of fantasy

- there's a £40 per month payment going to the card apparently even though DCAs were writing to me at this time -

 

I also found a letter I sent to Bank of Scotland in March 2011 saying how I couldn't make any payments so long as the interest wasn't frozen yet they are showing £40 per month payments during this time.

 

The bottom of the covering letter says

"We look forward to hearing from you" as they think I'm stupid enough to write & acknowledge.

 

I asked Cabot to forward me on the relevant documentation as well as Nolans & they haven't done it.

 

I'm assuming now I'm going to need to get statements from all credit cards/banks I had at this time to disprove it.

 

With regards to payments they've doctored on the statements

- the final one was February 2012

- is that enough for me to confirm statute barred given that 5 years have now passed since then for Scottish Law? .

..or would it be better if I disproved the false payments also?

[dx100uk]

clock paused when they issued the claim sadly.

 

I wonder if you could get this thrown out

 

read this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453038-Ordinary-Cause-Summons-from-Cabot-Optima-Legal-for-£25k-BoS-loan&p=4798110#post4798110

[Stoosh]

Had a read of the thread - have just found out that my ex-wife may have made a payment towards the credit card piece for the final time in January 2012 which means I'm screwed.

 

Not really sure what the best way to deal with it is now..

[dx100uk]

yes but they've gotta find that out

and prove it

 

you certainly don't tell 'em...

[Stoosh]

it's on the statement of accounts they sent mate.

[dx100uk]

you havent told us that before

so what other paperwork have they sent

the credit agreement?

 

and anyway that does tally with their poc

last payments were 24/06/2012 and 21/02/2013 respectively.

[Stoosh]

I was giving the ex a set amount each month after we split & unbeknown to me she made a few payments to this, the last of which was Jan 2012.

 

Changes everything, I know..

 

only found this out over the past few days.

.they've fabricated several payments that occured afterwards

so I'm guessing I'm screwed & need to go to Nolans with my tail between my legs.

[dx100uk]

no read my last few  posts andrespond please

you DO NOT ring cabot/nolans anymore either.

 

look at it this way

nothing has changed other than you know it MIGHT have been paid ONCE or twice

and that doesn't appear to match what they know.

 

so can we see all this paperwork they've sent you

please update us upon what THEY have done.

[Stoosh]

posted this last night but seems to have vanished..

 

I was sent the credit agreement & all statements for the credit card piece only.

 

It looks like my ex may have made a payment in January 2012 & the prior few months without my permission.

 

Last payment on the statements is February 2012. They also say on the front of the letter "please see payment of £12 in June 2012" which is actually a late payment charge.

[dx100uk]

Scan the CCA return up please

Upload

[Stoosh]

will do so once home - it was sent voluntarily I never submitted a CCA request.

 

that being said, it's not the whole credit agreement - it's a document with a signature for upgrading to the "One" credit card. Not the 'original'

[dx100uk]

then its bog roll

[Stoosh]

I could produce the bank statements as I never made these payments...

 

Any tips on how to approach the next hearing?

[dx100uk]

scan it up please as post 100

[Stoosh]

Will do - have brought the stuff in with me at work today.

 

The thing with my signature is literally a one-page letter upgrading to the One Card with my signature at the bottom left.

 

Keen for everyone's thoughts on how to approach this next friday.

 

The rest of the documents are just statement after statement.