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    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
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Nolans/Cabot SPC Claim - old LLoyds Loan ***Claim Abandoned***

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Yeah and it is the date they confirmed on the phone but I know I had sent a token payment later that I can see from my rbs statements. It's the moorcraft payment in Feb 2014 that's the problem.

 

I'm sorry, I've just confused all of this.

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So I've posted what needed posted.

 

 

It's just a waiting game now, apologies for the last few posts was just getting worried I had messed things up and confused myself but i think it's all in order now.

 

Thanks for the help so far, it's greatly appreciated.

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I received this today from the court.

 

I have just checked the tracking for my CCA return and it hasn't updated since the post office...

 

Should I resend it? I fail to see how it couldn't have gotten there.

upload2.pdf

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nothing for you to do.

signed for is never done by cabot.

stop sweating read other spc cases here so you know what to do/say.

 

if the claimant has not sent you ALL the required docs by the date the sheriff has ordered

get on the phone to the clerks office and tell them you want the claim dismissed and an absolvitor issued

read this too

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=spc+decree+of+absolvitor+&sa=Search+CAG


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Hi!

 

I received the standard cabot CCA reply today, don't have info on file so will request info etc. update in 12 days.

 

Also received a letter for nolans saying they have asked the court for it to be paused. I have attached.

 

seems bad form considering they stated they had the credit agreement.

Pause.pdf

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pers i'd object

they've had this debt since july 2017 knowing then they had NO PAPERWORK.

they lied on the summons that they HAD the agreement.

 

 

and if it were not for the summons the debt would be statute barred winthin a few weeks

all they have done is issued a speculative claim to halt the statute barred clock.

very unfair and underhand

 

courts should not be used as a debt collection tool


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Received a letter from Cabot today titled an update on your request.

 

We're still processing your request, we have contacted the original lender for the relevant information.

As we haven't been able to provide you with the information you have requested, your credit agreement is unenforceable until we are able to reply to your request.

 

This means we are not permitted to obtain a judgement or decree against you in court.

 

Any use? Or are we hoping the judge rejects the pause application.

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std letter they always sent to a CCA request

 

however i would send that along with post 54 and 56 points in an email to the SHERIFFS [NOT A JUDGE!!] clerk the day they fail the sheriffs orders. [which was what date?]

then after about 1hours

get on the phone to them and findout what they are doing about it.

 

seen 3 cabot/Nolan cases thrown out when the sheriff see that cabot letters now and fails his date for them to disclose what he ordered.

 

out rounding up sheep all day with someone and the new puppy. so only on a small screen.


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The date is 30/01 so this Wednesday. I shall get the e-mail typed up ready to be sent Wednesday morning.

 

Thanks for all your help! I feel we might get a reply from the sheriff over the pause application before then but we shall see.

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sorry I couldn't see the date.

 

so send that reply form off with your objection to the pause wanting it dismissed as post 58 today by email to the clerks office then ring Monday and the cabot letter


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I have already emailed my reply to the pause application. It was due by the 25th so I replied a few days ago.

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which was?


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I objected with the points you stated in post #56.

 

Sorry, I figured that was all I really had to say, shame this hadn't arrived sooner.

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post 59 then


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I sent the email away this morning, included those points and attached cabots reply. however i have been unable to call as the number isn't working.

 

on their page it says the phoneline is down.

 

https://www.scotcourts.gov.uk/the-courts/court-locations/inverness-sheriff-court-and-justice-of-the-peace-court

 

I will keep an eye on it and try again later.

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got through to the sheriff clerk today,

 

she said there was a note on the case stating that the case management discussion is going ahead and the application to pause and my objection to will be discussed there and that they received the email I sent when they failed the sheriffs order.

 

Just said I was to turn up. Guess its a waiting game now.

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well the sheriff from your emails should be aware that the debt would now be statute barred if it were not for the speculative claim halting it, which yo aver was the reason it was raised.. and that, against what they stated the claimants did not and do not and cannot get a hold of the signed agreement that they averred they held in their original claim statement..liars!!


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Just back from the case management.

 

Sheriff paused it for 6 months to give them a chance to get the paperwork.

 

 

I tried to put my points across, I guess not very well.

 

 

Ah we shall see what they can make up

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so it's nearing time of the review and I haven't received anything.

 

"Orders the progress of this case to be paused to enable the Claimant's to locate the credit agreement; thereafter, Assigns xx August as review of the same"  

 

So it's just another case management discussion?

 

Sorry, I hadn't realised it was so soon.

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wack in an incidental application.

read here

 

 


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Apologies, I never ended up sending the IA.  I had looked out the CCA replies they had sent, but couldn't find the last one and some other nonsense in life took over.

 

alas, I got to court today and their rep said they'd dismiss without expenses, sheriff asked if that was ok with me. 

 

I just said yes, I just wanted it all to end.

 

So thanks for all your help dx!  

 

i'll fire in a donation and hopefully this helps someone else down the line. 

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hehe always the way with nolans when you front them up.

 

good win regardless to the IA.

 

so was this actually simply dismissed or did the sheriff grant absolvitor and quash it for the future??


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I believe it was simply dismissed, thinking it over now I guess I should have mentioned and pushed for the absolvitor.

 

I assume if they tried to bring it back then it would count from now so it would be statute barred?

 

 

I assume I'll get something through the post if not I'll ring the court on Monday.

 

 

 

 

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I take it to mean the same as an English Claimform case being 'won' and yes the SB thus never stopped.

had 3 like this

and one where they did try again, and folded when told it was now SB'd.

 

dx

 


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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