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Gerald1990

Cabot/Nolans Dumfries SPR claim - old Jacamo JDW CAT Debt***Claim Dismissed***

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Hi guys

im hoping for some advice on what to do with this debt,

 

i had no idea they would take me to court for it and am panicking a bit now,

i have looked around the site but cant really find specific advice,

so apologies if i havent looked hard enough and i appreciate any help you can give,

cheers neil.

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand.

the said agreement was an agreement regulated under the consumer credit act 1974.

the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED.

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same

the last payment was made to account on 07/09/2015

the said sum of £1029 is the sum sued for.

the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so.

 

What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small?

 

Is the claim for a current or credit/loan account or mobile phone account? catalogue

 

When did you enter into the original agreement before or after 2007? after

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser cabot/nolans soliciters

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

Did you receive a Default Notice from the original creditor? most likely

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

 

Why did you cease payments:- financial difficulty

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

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sit tight for now

don't do anything like send letters or ans phone or ring anyone

 

i'll be around later.

 

whats your return date

and hearing date please

 

read the first few threads here

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?71-Scotland

 

to get an idea


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thank you for the reply dx100uk :)

 

i have got 2 dates on the simple procedure timetable

19/04/17 the date they had to serve me the papers and

10/05/17 is the date i have to send the court and the claimant the response form, cheers,

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firstly can I check the form was served person to person by a sheriff's officer?

 

and you have a copy of the attached reponse form

 

as this is the first time we've dealt with The simple procedure notice of claim

it would be helpful

if you can scan up TO ONE MULTIPAGE PDF

the claimform in total but redact it please

 

follow the upload


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hi, i received it by signed for royal mail, yes i have received the response form, thank you.

 

hope i have done this right, here is the claim form i received attached, cheers

claimform.pdf

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i'll review what we need to do over the next few days

as this is a new method for scotland


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is this buy now pay late items....


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It was buy now and it got added to the next months statement where I think 1 12th of the balance was the minimum payment,

 

it wasn't buy now pay 6 months later or anything like that.

 

I think some charges must of been added to the final figure.

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Who Is The Claimant: cabot financial uk limited

 

Who Are the Solicitors: simon nolan/nolans solicitors

 

What type of action? (simple/Ordinary): simple

 

What is the claim for –

[type out ALL the text [minus pers details] from box D1

which FOLLOWS the words: [substantial connection with Scotland]

 

on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand.

 

the said agreement was an agreement regulated under the consumer credit act 1974.

the respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED.

 

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondent of the same

 

the last payment was made to account on 07/09/2015

 

the said sum of £1029 is the sum sued for.

 

the claimants have made frequent requests to the respondent to make payments of the said sum but the respondent has refused or delayed to do so.

 

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

Last Date Of Service:-19/04/17

 

Last Date For Response:- 10/05/17

 

What Documents are listed in Box E2: 1. Agreement dated 31/03/2015

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? catalouge debt

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007?after

 

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? most likely

 

Did you receive a Default Notice from the original creditor? most likely

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

 

When was you last payment:-07/09/2015 (according to claim form)

 

Why did you cease payments:- financial difficulty

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?no

 

thanks again :)

Edited by Gerald1990

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do you think it would be worth writing to them asking if they have the credit agreement etc? or maybe just ask for proof in the response form? cheers.

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working on it Gerald

 

typically in the old scheme [1a claims that are here already] no we don't or I don't anyway

you put them to strict proof in the response form.

 

this chess match might be different but we've until the 10th may yet.


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this week I've been involved in 2 1a small claims cases whereby the sheriff concerned was not really that interested in what paperwork the claimant had provided

they'd sent the signed agreement page and all the statements in one credit card case.

the sheriff asked was that the respondents signature on the agreement

and as there were numerous payments made

thought that outweighed the fact that the pursuer had not supplied a default notice nor a notice of assignment.

[this is covered Under Scottish Law equivalent of property act - The Transmission of Moveable Property Act 1862]

 

 

another was a cat debt, but basically the same hung on pages of payments whereby therewas no DN nor NOA provided.

 

 

its worthy to note

these were 1a claims not SPR and they were both in little far north courts not city courts like your one

 

 

so...

 

 

i'd recommend getting a CCA request running to the claimant


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cca request sent to cabot but i doubt i will get a reply back from them before i have to send the response form back for the 10th may should i just put on the response form that cca has been requested? cheers.

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we will yes amongst other things

one being they shouldnt state they hold documents when they cant produce them...


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hi :)

 

Im thinking ill probably have to get it sent of tomorrow to make sure it arrives at court for the 10th,

it says i have to send the response form to the court and a copy to the pursuer yet they only provide one copy of the response form!

 

 

do you think i would be ok sending the court one 1st class recorded and the one to cabot as regular mail with proof of postage?

 

I have just checked the tracking number for the letter i sent on the 30th of april and it says

"good news your item is progressing through our network Proof of delivery

This has not come through yet.

 

 

Please check later." so i am unsure if they have actually receievd the cca request :(

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good doesn't matter they've not received it.

you don't actually want them to respond if yo think about it

 

 

are you not local to the court then to take it in personally?

dx


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i never thought of it that way, at least i have asked for it in the eyes of the judge?

24 miles away unfortunately :( so postage would be my best option

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ok i'll knock something up too later today.

 

 

its worthy to note that what they are putting in the SPc [red bit] is the same as they used on the old 1a claimforms


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not had much time sorry

mrs is very poorly

 

thoughts attached

 

on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand.

 

the said agreement was an agreement regulated under the consumer creditlink3.gif act 1974.

the respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED.

 

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondent of the same

 

the last payment was made to account on 07/09/2015

 

the said sum of £1029 is the sum sued for.

 

the claimants have made frequent requests to the respondent to make payments of the said sum but the respondent has refused or delayed to do so.

 

d1

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me

 

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advntage of the party.

 

1.6(10)

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

 

..i expect the claimants' representative to employ the above.

..........

 

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.

 

 

I have had financial dealings with [original Creditor] in the past.

I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.

 

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

 

The Signed Consumer Credit Agreement

The Notice Of Assignment under ...

The Default Notice Issued By The Original Creditor Under Section...

 

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

 

d2.

. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated 31/03/2015. A CCA request section 7? was sent recorded delivery on [date]. To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under section .. of the consumer credit act


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Thank you very much dx100uk that sounds great, Im sorry to hear your mrs is poorly, I hope she gets well soon.

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