Jump to content


  • Tweets

  • Posts

    • why were you paying the full loan amount before you went to stepchange? who told you it was owed ruddy fleecing link i suspect?   when was the last time you did defer? and to whom?   when did link get their hands on it?   looks like youve been had blind!!   dx    
    • Thanks a lot for all the advices and especially the letter template FTMDave!  It really means a lot.   They indeed came back Thursday evening and I did open door that time.  As expected they demanded payment of full amount and I flatly refused.  Then they back tracked and asked me how much their work is worth.  I said that I cannot possibly answer that question until they provide me with a detailed list of work and materials used, and any other evidences of work that has been carried out.  I also told them that I consulted trading standards and it is their advice to me that I should not make payments right now until the pending questions have been answered.   They don't have any photo evidences of the work they carried out and refused to produce any guarantee documents unless I make full payment.  They also back tracked on their claim that they have replaced 41 top slates (claimed to be 40 pounds each), and stated that they just repaired it and 1600 pounds in cost is the in the materials.  I asked is it cement or mortar, they said more than that but did not say what, so I again insisted they give me the full list of what they have used.   As expected they then demanded 120 pounds for the gutter cleaning to be payed right on the spot, and I said I am happy to do so, but if I am going to pay now they must provide me a separate invoice for it and it should be treated as a separate job to everything else they demanded.  For some strange reason they refused to do so. They then agreed to send me all the detailed itinerary of work carried out as well as any photos they had Thursday night.  I haven't received anything.   I will wait for a couple of days for them to respond and then send out the paper letter as suggested.  I will also send a copy of that letter to their email, just in case they claim they never received the letter.   I will not send them the 120 pounds payment for the gutter cleaning until they send me a revised invoice separating it from the rest. And for the repair job I agreed to I must first see evidence of what work has been carried out.   I search Google maps for their business address, but strangely at that address is a solicitors office.  Is it possible they are registered at a solicitor representing them?        
    • will be dealt with IF it ever gets to witness statement stage.   there are no scans here of any paperwork, other than post 1 which are blank templates garbage   get all the paperwork up in one mass PDF please.   i pointed youi earlier to lowell vanquis threads even gave you a link to got read threads.   compare yours against the won cases - i suspect this will go nowhere and they'll disc near the hearing date. but no N180 yet so....  
    • Thanks DX100uk.   These are the old style loans taken out to the SLC in 1992,1995 and 1997.   The loan wasn't deferred when I agreed the Stepchange plan ,so I was paying the full repayment amount prior to going on the plan.   I've never heard of a default being posted over six years from a commencement of an unbroken agreed payment plan so that is what I'm contesting.  It sound a bit dodgy   I assume that Thesis has the authority to issue a legitimate default notice?
    • OK - I've read FTMDave's suggested particulars posted in #105 and I can't really see that they can be improved upon.  His explanation of the £2000/£1500 paid in respect of Project 2 certainly makes more sense than mine did.   The only things I would say are:   1.  I wonder if it should be headed "Particulars of Counterclaim" and not just "Counterclaim"?  I don't know if it matters but it might give a better impression to the judge?  (I know it shouldn't matter, but in my experience first impressions do matter).   2.  simeon - make sure the amount referred to in para 10 is the correct amount.  I mistakenly put £3300 in my first redraft but I think it's only £3000.   3.  I didn't originally number the very last paragraph after 18(d), but I think it will read and look better if that last sentence is numbered 19.   4.  I'm not sure but I think I would suggest adding a final para 20 as follows:   "20.  List of Attachments              Attachment A  -  one page  -  brief description of what Attachment A is...         Attachment B  -  one page  -  brief etc...         Attachment C  -  one page  -  brief etc...         Attachment D  -  two pages  -  brief etc...         and so on...         Attachment H (or whatever)  -  one page  -  Summary breakdown of amount claimed"   @simeon1964  -  you then need to make sure that all your attachments are correctly ordered and lettered (or numbered) and that they all cross-reference correctly to the "Particulars of Counterclaim".  As FTMDave said in a previous post, that's simply a clerical task for you to complete and doesn't require input from anybody else.   @simeon1964  -  if you have time this afternoon there's a couple of things to think about before FTMDave returns from the football:   1.  Can you try to put your attachments together as suggested in #113?  eg  Label each one "Attachment A etc.  -  page 1 of 1 etc" and put in a description if it's not obvious from the attachment itself what it is.   2.  Make sure the final attachment which summarises the amount you are claiming can be tied back to the other attachments - so the judge can clearly see how you have arrived at the total amount.   3.  If you want to include what the roofer has told you, think about where it logically needs to go in the particulars.  You may as well draft a paragraph to introduce it in the particulars too   4.  You still need to include interest in your claim.  I'm sure FTMDave or Andyorch will explain how.   For the moment don't waste your time doing anything else other than what I've suggested above.  Wait for input from FTMDave this afternoon.   If all the above can be done, you ahve at least something that makes sense that can be submitted Monday.   Good luck.          
  • Recommended Topics

  • Our picks

  • Recommended Topics

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1395 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 157
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

post 120

and let andy comment too

 

what are they on about..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 2 weeks later...

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

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 months later...

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 by dx100uk
spacing
Link to post
Share on other sites

shame your left it till 2Am

 

you should have rang the sheriffs clerk today and asked .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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

Link to post
Share on other sites

err NO!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

and your IA is too late this time too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

Link to post
Share on other sites

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

 

A diet of proof

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...