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

[Gerald1990]

thank you dx and Andy thats it on its way

[Gerald1990]

bloomin typical! just arrived in the post this morning, sheriff seems to have took a stern tone with them I think.

2.12.17.pdf

[dx100uk]

that's good

smark cookie this sheriff.

your IA will further go toward bolstering his doubts they are liable to do anything more and run away.

 

looks like you might get some compo too!!

[Gerald1990]

they never give up! so another incidental orders application just them asking sheriff for a full hearing, do you think i need to reply or just roll with it? i could even send the last response again since it was too late for consideration last time? cheers.

New Doc 2017-12-17.pdf

[dx100uk]

post 120

and let andy comment too

 

what are they on about..

[AndyOrch]

I will draft you a a more detail response which you can submit in response......Cabot/Nolans now seem to think they are the creditor in this instance.

 

Andy

[Gerald1990]

Cheers fellas.

I wonder if nolans thought because they read my response to both incedentals they assumed the sherriff had too?

And since sheriff never made an issue of it assumed they could still play that angle?

That would be great if you could andy

thank you.

[Gerald1990]

Just seen an email received form court yesterday, hearing set for 26th March, plenty of time to work something out!

 

Hope everyone had a good Christmas and all the best for the year ahead.

[AndyOrch]

Give me a nudge when your ready to submit Gerald...I have not forgotten:wink:

 

Andy

[Gerald1990]

Hi folks

nearly that time again any tips for court next week?

 

i have not received any post from nolans

 

i dont think they have submitted any new evidence

(i think i read it had to be in 10 days before the hearing)

 

that should mean no default notice and no signed agreement

 

hopefully the sheriff will go with the agreement not being executed properly?

 

cheers.

Edited March 17, 2018 by dx100uk
spacing

[dx100uk]

shame your left it till 2Am

 

you should have rang the sheriffs clerk today and asked .

 

dx

[Gerald1990]

thanks dx, i still have time its a week on monday (the 26th). by tips i think i was looking for what to say/not to say really? dont want to dig the hole any deeper.

[dx100uk]

go ring the clerk and tell them.....

[Gerald1990]

do you mean tell them about nolans not submitting any new evidence? i will give them a ring on monday and see what they say, cheers.

[Gerald1990]

so just noticed a message from nolans on the answer phone looking to speak to me, lady on the phone left a number to call them back on tuesday, not sure how they got my number actually, think i should ring them? cheers

[dx100uk]

err NO!!

 

dx

[Gerald1990]

Ok I won't bother! Although I wish I knew what they were ringing for!

 

Just off the phone to the sheriff clerk, they say nothing else has been submitted by nolans since last time I was at court.

[Gerald1990]

just ignore it?

 

Sounds like they want me to help them!

New Doc 2018-03-21.pdf

[dx100uk]

theres no such thing as a diet of proof in an SPC claim..

 

just trying to frighten you me thinks..

 

did you not state to the clerk that nolads have failed to comply with the sheriffs orders of the date...

 

did yo file you IA too?

[Gerald1990]

the last IA was sent but got an email saying it was submitted too late, which led to the sheriff telling them to ask for a hearing if they wanted one which they did but on the understanding they didnt think a default notice was needed.

 

only asked the clerk if any more evidence was submitted.

[dx100uk]

and your IA is too late this time too.

[Gerald1990]

Never had an IA to send back this time, the hearing is just to decide on points already made as far as I can tell.

[AndyOrch]

Whatever type of civil action is raised, it is likely that hearings will take place before a date is fixed for a proof. These hearings will assist in clarifying the issues in dispute. A diet of proof is where a sheriff will hear evidence in the case and, in the case of an ordinary action, will issue a written judgment.

 

Where actions are summary cause or small claims a sheriff may give his/her decision verbally from the Bench at the conclusion of the proof diet.

[Gerald1990]

Thanks Andy not sure why nolans think I need to discuss a diet of proof then! This is the written orders calling for the hearing.

 

When requesting the hearing they said a default notice isn't required if the creditor is only seeking arrears, but like you said Andy, they aren't the creditor so I think I'll be fine with that along what you said dx, about jd defaulting me on 2/6/16 and assigning debt on 7/6/16 not giving the required 14 days.

New Doc 2018-03-22.pdf

[AndyOrch]

" its is the parties responsibility to lodge evidence and bring witnesses to court in accordance with the Simple Procedure Rules "

 

A diet of proof