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    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply. 3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974 4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant. 5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   Thanks, Molly,  
    • read the letter it says our client...   everything else is explained in that other thread or any CLI thread gere . use our search..   a dca IS NOT A BAILIFF
    • I did read the thread, but the advice was "don't pay" - and the original poster didn't come back to say what had happened in the end.   unclebulgaria - the DCA does have a copy of the official speeding notice.
    • I don't need to see a picture that has nothing to do with me. You may scoff if that makes you feel good but no one in their right mind would knowingly "contravene". I most certainly am in my right mind. The fact is I obviously needed to turn right but definitely would not have risked a fine if I had seen the sign. I'm not into donating my hard earned money to greedy councils. 
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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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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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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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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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

spreadsheets 

 

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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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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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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

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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

spreadsheets 

 

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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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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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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

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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

spreadsheets 

 

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