Cabot/Nolans Simple Procedure - old HBOS OD debt

[dx100uk]

did you get it done ok?

 

 

dx

[michael1986]

All filled and sent, only issue was too many characters, had to delete 1st line for it to fit. Cheers

[michael1986]

So far,

Nolans claimed not to have received my cca request.

 

I sent again this time with proof.

 

They replied..."will request from client" (they don't have?)

 

I have received an order from the sheriff to attend a case management discussion on 17th July.

 

I have already disputed the claim.

 

Also to add,

the day I received the simple claim I emailed nolans stupidly.

..they asked for 3 pieces of info

..I did not contact them again I contacted cag instead.

 

Any contact with court I have used an alternative email.

 

Nolans posted acknowledgement on 9th after receiving on 31st

today is 15th and I haven't received anything.

 

Also the case discussion is with cabot and not with Nolans

[dx100uk]

cabot wont go hear a court room door

let alone in Scotland

neither I doubt will nolans

twill be a local rep.

 

 

you simply state that to date some 2 months later

the claimant has failed to produce any relevant paperwork requested in my submission dated ddddd

and have also failed to comply with a legal request under section 7? of the consumer credit act dated dddd

 

 

you respectfully ask the claim be dismissed.

[dx100uk]

any news

[michael1986]

Not a thing!

[dx100uk]

give the clerk a ring and ask what going on

[michael1986]

Same as the order.

 

Attend 17th for case discussion.

Haven't had anything from Nolans since acknowledgement of request for proof.

[dx100uk]

right so as post 29 then

stick by your guns

 

I doubt nolans will show

twill be a local 'rep'

 

Scotland is unlike England

they don't usually buttonhole you outside

or want a little chat.

but if they do

refuse smile walk away.

 

don't let them lead the Sherriff

though they themselves are usually quite cute and on your side anyway.

object to any continuance or sist.

 

if you get a chance

force home your statement that they've had time enough to produce the relevant paperwork and have failed the time limit on the CCA request you sent xxx

and that over many years many Debt Collection agencies have sent many letters

all of whom have failed to produce any paperwork, but never the less sold the debt on to the next one to try.

 

you respectfully request the claim be dismissed without leave to resume ever

[michael1986]

Should Nolans have sent me a Default Notice by now?

[dx100uk]

tough on them if they don't..you don't wan them too..think about it

[AndyOrch]

Most if not all creditors do not retain copies of Default Notices..only details of issuance.

[michael1986]

Ok thanks

[michael1986]

Action paused for upto 6 months to allow them to gather a paper trail. I tried my best and my objection was refused, was quite good fun.

[dx100uk]

well done

yes its quite a good experience if you get a good sheriff.

 

 

I take they were rather wriggling then?

did nolans turn up or was it a local rep?

[michael1986]

Think nolans, dunno about the sheriff

 

he asked me if I admitted the Debt,

I said I had an overdraft with the bank that was withdrawn.

 

He has asked them to produce a paper trail to me to show how they acquired the Debt.

Which will prove I owe?

Will they be able to produce this?.

I think I'm beat tbh

[dx100uk]

so he wants them to produce a notice of assignment then.

doesn't mean you owe it though

could all be made up of bank charges+interest.

 

plus they claim they have a signed agreement

what did he say about that one!

 

 

and ofcourse you stated:

 

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

[michael1986]

Yes notice of Assignment was mentioned.

I mentioned them saying that they had proof in original paperwork- no reply.

 

Confused - I didn't say that.

 

So still not beat yet then, I feel the judge tried to have me admit the Debt. He summarised - you owe this debt but don't know to whom? I didn't reply.

[dx100uk]

you haven't admitted the debt .

you stated:

 

 

It is admitted with regards to the respondent once having had banking facilities with the original creditor XXXX. It is denied that I am indebted for any alleged balance claimed.

 

 

you said bankng facilities not THIS SPECIFIC BANK ACCOUNT.

[Stoosh]

Good luck Michael.

 

Neither Nolans or Cabot will go anywhere near a courtroom up here, so don't worry. As long as you are more informed than the local agent the judge will eventually tire of it & launch it out

 

Nolans took me to court for the same thing earlier this year, no showed & lefty the local agent looking daft every time.

 

They failed to produce any proof of how & when I last paid their client & when it came to the proof part (3rd time in court) they tried to circumvent court procedure by asking for more time.

 

Not entirely sure how they are allowed to waste so many people's time but there we are.

[michael1986]

I noticed the Cabot account has been 'closed' on my credit report... what does this mean?

[dx100uk]

default reached 6yrs?

 

how did the case go?

[michael1986]

There's been nothing since case discussion in July

[dx100uk]

good

I can see the Sherriff dismissing this claim then.

 

might be worthy for you to sar HBOS

get all the statements and prove its balance is made of unlawful fees

[michael1986]

The pause was to be six months, that lapsed 17 Feb just past.

 

Today I got an amended simple procedure in, they had stated the wrong bank and date.

 

They have now fixed this and sent a screenshot of my name and address from a computer...they say this is the proof.

 

I have a chance to ask the sheriff to reject the changes.

 

How should I word my request? (D1)