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    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
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Gerald1990

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

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no

i just said the bit about having financial dealings with them before,

 

i tried to take your advice and said very little.

 

the sheriff at one point said something along the lines of me accepting the debt

but disagree with it on technicalities and saying thats fine

 

i cant remember exactly what he said but at no point did i admit entering into the agreement.

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good

 

go get your credit file

is there a defaulted date in the debt summary


..

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hi dx, yes its on my credit report.

 

Cabot Credit Management Group Limited

Account start date 31/03/2015

Opening balance £ 1,029

Repayment frequency Monthly

Date of default 02/06/2016

Default balance £ 1,029

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oh dear so they cant deny the default notice exists...

 

blow their silly comments about the dn is not required straight out the water as the oc obviously issued one before they sold it on.

 

what date did cabot buy the debt?


..

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jd williams letter says we sold your account to cabbot on 02/06/2016 and on statement of account from cabott it says date assigned 08/06/2016.

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so the OC defaulted before sale as they should do.

cabot name replaced theirs on the Credit file

so cabot cant deny the existence of a default notice

and cant 'speculate' through their useless nolans about why it was registered

 

you can play this 2 way

plead ignorance about ever seeing your credit file till advised to view it, finding the default.

 

 

or go whole hog and explain the above andhow confused you are with nolans statement.


..

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i think pleading ignorant sounds the best way, just because it is on my report doesnt mean i was notified as i should have been?

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good

 

was this attachment yours

very good


..

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yes just copied from that thread you linked me too, even nolans were impressed when the judge showed them lol

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that's the way to go.

 

right you cant deny knowledge as this was recorded delivery [when]

so ring the clerk and check if you can file by email [ask for the email to use]

and we'll get something ready tonight

to file


..

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i think it must of been the 12th october it was received. thats great dx thanks, im sure email will be fine they have received everything ive sent before.

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ok

this will be a late one as i'm tied up till well past midnight

but the basics are already here

just pull apart that document they've produced to try and gain a default degree.


..

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working.......

 

need the date of the 1st sheriffs written order please


..

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response:

 

using the original form 9g from the claimant:

 

enter your details in D1.

 

D2 tick NO box

 

D3.

enter 'see attached'

 

attachment

 

D3 incidental order

 

Cabot Financial {uk} Limited V [yourself]

 

Court Ref :

 

i contest the claimants' representative attached responses labelled C1 on the Form 9g dated 11/10/2017.

 

1.the Respondent has never admitted in court entering into said agreement.

 

At the last hearing i stated that:

I have had financial dealings with JD Williams 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 s77 CCA request for further information.

 

The claimant through their representative Nolans have now produced a generic agreement and a set of terms and conditions from the relevant time period.

These contain areas whereby my details are type written.

None contain my signature.

This does not meet the enforceability requirements of the consumer credit Act.

The claimant has failed to indicated their source.

The Internet holds many downloadable examples of such 'blank' documents.

 

2. In May 2017 of his 1st Order, the sheriff note 2. stated

'Section 87[1] of the consumer credit act 1974 provides that service of a default notice on the debtor in accordance with section 88 is necessary before the creditor or owner can be entitled, by reason of any breach by the debtor or hirer of a regulated agreement -

[a] to terminate the agreement or

to demand earlier payment of any sum or

[c] to recover possession of any goods or land or

[d] to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred or

[e] to enforce any security.'

 

As with my response to the claimants smoke and mirrors over the agreement at the last hearing with regard to Rankine and McGuffick,

i have taken advise from the same source regarding the need for the issuance of a default notice before enforcement.

 

My credit reference file.. states a default notice WAS issued on 02/06/2016 now under Cabots name.

This is from before the date of assignation to cabot detailed in their own disclosures.

 

Default notices and litigation under the Consumer Credit Act July 2010 states:

For a creditor to enforce a credit agreement against the debtor,

he must serve the latter with a default notice,

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

 

The Claimants' representative appears to be introducing more smoke and mirrors to confuse the need and production of said default notice before any enforcement can begin, preferring to relying more upon a list of transactional history to prove it's point.

 

If the Claimant did receive the agreement from JD Williams, why have they still failed to produce a copy of the default notice.

 

In summary:

 

The claimant has failed in most parts to satisfy both the sheriffs' 1st order of May 2017 and his 2nd order of july 2017 and the respondent requests the sheriff exercise his right under rule 1.8[11] and dismiss the case.


..

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Very well put dx, I am very grateful for the time and effort. Thank you.

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Just one slight amendment ....

 

Default notices and litigation under the Consumer Credit Act July 2010 states:

 

Should be pursuant to CCA1974

 

Andy


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:whoo:

thanks andy

not too bad for 4am then....

 

this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

 

replaced with

 

Should be pursuant to CCA1974


..

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well they are still trying to put up a fight!

 

i have got a week or so to reply to a new incidental orders application,

again i would be really grateful for any help with this.

no hurry this time!

 

page 1 and 2 reply to the first incidental application by the sheriff saying that he will postpone and provide notes.

 

pages 3 through 12 are the fifth written orders

- the sheriff just running through what happened at court back in September and his opinion on what happens next

he says nolans should request a hearing if they want one.

 

pages 13 through 16 a new incidental application form,

nolans requesting a hearing but not before receiving the documents i have sent to court

(my reply to the last incidental application which never said i had to send them a copy)

 

cheers :)

docs1 .pdf

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urm they always hark on about the respondant must tell the judge if he did or didn't sign an agreement.

they've done that in 3 that I've been involved with now.

each time they lost hand down.

 

the fact that they cant produce the signed agreement. but only a mere 'lookalike' , sort of answers that question for themselves.!!

 

what relevance the respondent admitting or not they did sign an agreement is immaterial.

so if the respondent says yes...then its ok that they cant produce it ...haha sheriff look the prat just admitted he did sign an agreement...are we being stupid here nolans or are you?

 

don't raise a speculative claim cabot/nolans clearly stating on it that you HOLD the signed agreement when in all truth you DONT!!

 

so who's really lying to the sheriff???

 

more soon


..

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you keep removing dates on docs within scans

you don't need too

what date is on nolans IA please


..

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13th november for IA , dx i have also sent you a pm can you read it please. cheers

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p'haps andyorch will pop in and read the last few pages of that upload [its now hidden]

and comment on the claimants lastest wrigglings that they don't need to produce a default notice...

 

but eitherway you need to file a costs order as well as anything andy points out you need to say if anything


..

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also don't forget post 33 in your thread going fwd too


..

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cheers dx, do you think i should send them my reply to the last IA that they request under the current IA?

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