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

[dx100uk]

ok good

dx

[Gerald1990]

just re-reading the court orders for the case management on 08th september and the sheriff says

 

" the claimants are ordered no later than the 31st august 2017 to lodge with the sheriff clerk copies of the case law and fca guidance upon which they rely and any other legal authorities they think would assist the sheriff in deciding these issues.

 

These must be accompanied with a "list of authorities"

 

They must send copies of these documents to the respondent, and confirm they have done so to the sheriff clerk also before the 31st august 2017"

 

I have not got this from nolans yet and if i dont receive it would i still have to go to court?

[dx100uk]

yes

always go

I had one yesterday same thing

they pleaded by letter as they NEVER goto court

just use a local rep!!

 

blamed the sheriff clerk for their errors

they've been given 14 days

 

else its decree against them

 

ring the sheriff clerk Monday and tell them you've received nowt

[Gerald1990]

they sent me the list of authorities they intend to rely on about 2 inches thick of paper!

 

1) section 78 of consumer credit act

2) section 87 of consumer credit act

3)p mcguffick v royal bank of scotland

4)rankine v american express

 

today i received further evidence they sent to court,

a copy of the credit agreement! unsigned by me i might add.

 

cant really use this now i dont think? "

use:

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."

 

cheers

New Doc 2017-09-05.pdf

[dx100uk]

usual rubbish from nolans

3&4 have no bearing in Scottish courts

they relate to English court judgements

 

 

scan up what they have sent as the CCA return to one multipage PDF

click upload

 

 

read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?480702-Cabot-Nolans-simple-procedure-claim-LloydsTSB-Credit-card-debt-**WON-CASE-DISMISSED**

 

 

yours appears to be going the same ending

[Gerald1990]

its on the bottom of the pdf above, page 4/5 bit hard to read though im afraid. i hope it goes the same way dx although that case seemed to have no paper work and mine has the credit agreement, purchase lists, all the letters asking for payment asignation of debt etc!

[dx100uk]

what else did they send?

pages of statements?

default notice?

notice of assignment?

 

 

or was it just sheets from those 2 cases

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Cabot-Nolans-Dumfries-simple-procedure-claim-old-Jacamo-JDW-CAT-Debt&p=5048400#post5048400

 

 

brush up on why rankine/Mac guffin is useless in Scotland^^^

[Gerald1990]

the pdf above has a copy of credit agreement and this pdf has details of the letters etc they have sent the court (mutipage pdf scroll down)

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=68623&d=1501430744

[Gerald1990]

so just had a look through everything seems they have :

 

1) letter from jd williams to myself confirming they have sold account to cabbot

2)9 letters from cabbot asking for payment etc

3) account transaction history showing purchases intrest etc

4) copy of credit agreement with jd williams (unsigned by myself)

 

think i still have a chance? any advive for case management on friday? or should i just admit defeat

[AndyOrch]

Not over till the fat lady sings

[dx100uk]

well if you GO READ AGAIN

the sheriff orders in the PDF in post 29 again

 

you'll see they HAVE NOT complied with his demand.

 

specifically

NO DEFAULT NOTICE

NO SIGNED AGREEMENT.

 

the case will adjourned for XX weeks to give them time to produce them I expect.

 

this is ONLY a case management hearing

NOTHING is decided its just a chat.

 

you need to push home hard the fact they've failed to comply with HIS orders

and object to an adjournment.

 

let the sheriff do the talking

talk when spoken too

if yo NEED TO [i e the sheriff doesn't]

point out the above failing.

 

else KEEP QUIET!!

let him shoot them in their foot

[Gerald1990]

ok thats made me feel a bit more confident, very much appreciated

[Gerald1990]

Interesting morning!

 

Greeted by 2 nolans solicitors a couple of minutes apart both pushing for a settlement!

Asking what my position was today, i said I was in it for the long run!

 

Waffles on to sheriff about how because I received goods i should be expected to pay for them and saying the default notice was trivial.

 

Sheriff said my defence was based on a technicality but said I was quite within my right to do so.

 

Said the 4 points with the cca request, the statements had been produced ( cant remember th 4th point) and the credit agreement

 

really just left with the default notice which the claimants said they were expected to obtain although nolans tried to say again it wasn't necessary to prove it wasn't given

 

hearing set for 1 November, for proof.

 

the sheriff said the claimants would have to decide from a commercial point of view whether it was worth it financially as it would be very expensive for them and expenses limited to £100 from myself!

 

He also said to get advice from my advisors who had helped me so far!

 

Cheers ��

[dx100uk]

Exactly. Force them to run

 

I just won one against Nolan's that was 1a claim 2yrs old to date

8 hearing

They had true signed agreement

Statements etc

 

Nolan's withdrew

[Gerald1990]

I received a letter around 10 days ago,

was waiting to see if i got a letter back from the sheriff before i uploaded it here,

 

I have just read it again and seems i am supposed to reply within 10 days

its form 9g incidental orders https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_9g.pdf?sfvrsn=6

 

the only part on the form with info was attached on a separate sheet which i have uploaded

 

also the extra evidence was the purchase deed redacted, would of been interesting to see how much they paid for it.

 

any advice on a reply to d3 would be very appreciated :

New Doc 2017-10-21.pdf

[dx100uk]

Scan up their exhibits to one multi page pdf

[Gerald1990]

hi, this is the content of the pdf pages

 

1- copy credit agreement unsigned by myself

 

2-terms and conditions from credit agreement

 

3-letter from cabot referring me to nolans

 

4-statement of account from cabot

 

5-letter from jd saying account sold to cabot

 

6-letter from cabot confirming they have bought the account

 

7/8-notification letter between cabot and jd for account sale

 

9/10/11- statement of account transactions from jd Williams

 

 

thanks.

docs return.pdf

[dx100uk]

so this willy waving has come from the fleecers and not the court.

was the form filled in?

 

scan that up too

 

I gather you never did sign and return any agreement?

so all they've done there is typed your name on a couple of sheets they've got out of their filing cabinet.

total bogroll.

 

and still no default notice.

 

and ofcourse the normal line all the DCA's use

'you admitted in your defence you signed the agreement'

 

no you admitted you have had financial dealings in the past

[Gerald1990]

yes it comes from the fleecers but i have to reply to the court, yes it was filled in but all it says is "see attached" which is the 2 sheets of paper saying they would like it dismissed etc

 

never any agreement signed and returned.

 

i just have to email the court my reply today to be within the 10 days i had.

New Doc 2017-10-22.pdf

New Doc 2017-10-21.pdf

[dx100uk]

no you don't

willy waving to unsettle you.

 

ring the clerk Monday and ask if they know anything about it as yours only arrived Friday in the post or something.

[Gerald1990]

unfortunately it was sent recorded delivery,

just worried about what it says on the front of the form,

 

"if you have been sent this form:

if the court grants this application then it will make the orders which have been asked for below,

you must fill in part d of this application and return it to the court within 10 days of it being sent to you"

 

could i just say on d1 they have not satisfied my cca request with no signed copy of the agreement or default notice?

[dx100uk]

IF THE COURT....

calm down

you can email it by Monday am.

 

leave things with me.

dx

[Gerald1990]

ok cheers dx

[dx100uk]

they say you admitted to entering into the agreement before the sheriff on the 8th of sept...did you?