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Gerald1990

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

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so just browsing and came accross this post https://www.consumeractiongroup.co.uk/forum/showthread.php?281328-Can-a-DCA-issue-a-Default-notice-after-the-account-has-been-assigned-to-them&p=3173037&viewfull=1#post3173037 "this is where dca fall flat on their face

 

if the debt has been assigned in this case with no termination or default notice from the oc, then the assignment is illegal and as the oc has infact terminated the agreement by selling, all you will be liable for are the arrears up to the termination" is this the same as what nolans are saying by just claiming for the arrears?

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So got to court this morning, a local solicitor had a word explaining nolans had instructed him to ask for dismissal with no expenses to either party.

I said I would like expenses he said he didn't blame me looks like it's been a mess right from the start!

 

I waited to go in front of the sheriff and the local explained the situation to the sheriff he told me he didn't want to put me off ...and then proceeded to put me off!

he said for expenses there would be another procedure I would have to work out my expenses, there's a table of fees,

I would have to omit to the other party etc.

 

I got the feeling he didn't want me wasting any more time and I don't blame him as he has kind of been on my side from the start holding nolans to script proof,

 

I am quite happy with that and didn't want any more stress so I said I would just leave it.

 

I really would just like to thank you dx and Andyorch you both do amazing work here.

 

Cheers.

Edited by dx100uk
paras

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Well done Gerald....so actually the claim was abandoned or dismissed ?


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not too sure to honest Andy, i believe both terms were used at some point but unsure of when!

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Did you ever receive a Abandonment Notice from the claimant ?

 

The only reason i ask is with regards to your last post........

 

9.8 How can a claimant abandon a claim?

 

(1) A claimant may abandon a claim any time before the sheriff decides a case by sending an

Abandonment Notice to the respondent.

 

(2) That claimant must at the same time send the court a copy of the Abandonment Notice

with evidence that it was sent to the respondent (for example a postal receipt or a copy of

an email).

 

(3) When the court receives the Abandonment Notice, the sheriff must give the parties

written orders.

 

(4) Those orders may dismiss the claim.

 

(5) Those orders may do one of three further things:

 

(a) order that no expenses are to be awarded to any party,

(b) order that a sum of money is to be paid to a party or to a party’s solicitor, as

assessed by the sheriff clerk, or

© arrange an expenses hearing (see Part 15).


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I definitely didn't get an abondenment notice although I did get a message left with the other half on Friday saying I needed to contact them urgently before my case hearing on Monday, I'll ring up the clerk tomorrow and find out.

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So just to confirm, this is the official outcome: on the motion of the claimant, there being no objection, dismiss the claim with no expenses due to or by either party.

 

Thanks again folks.

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hey well done everyone.

 

dx

 

 

 

 

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