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cabot/nolans Ordinary Cause Claim - old sainsbury HBOS loan debt


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Hello Everyone

 

I started getting letters from Nolans probably around 2 months ago about a Personal Loan debt that was from years ago.

The debt is not on any of my credit files so it was a surprise to get a letter from a sols about it.

 

Its a Sainsbury's Bank Loan for £16k that i took out on 9/7/09,

very shortly after (around 6 months lost my job).

 

I had been making token payments of £20 per month to originally Blair Oliver & Scott who after around 1 year, passed the debt to Cabot around Nov 2011.

 

I continued the £20 per month till around Jan 2016

then I lost my job again, and couldn't pay at all.

 

If I am being honest,

i thought due to the time since i took it out (8years ago) and the fact that it was off all 3 credit files (equifax/Experian/Callcredit) It had been written off by the creditor.

 

Im always weary with debt letters as the terminology is always "we may" and very rarely "we are doing" but being so close to having a clean credit file the letter has came as a bit of a scare.

 

Any advice?

 

I can post a copy of the letter with personals omitted if it helps?

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thanks PIXeL_92

 

I am just unsure whether to ignore the letter, as the wording says

 

"TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application may be made to the courts to issue a SHERIFF COURT SUMMONS against you"

 

they say may.... i guess i will hold off and see what else gets dropped throught the door.

 

Cheers

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not statute barred then

and a shame you got spoofed by Bl Ol Sc [bOS]

 

then latterly crapbot into paying

as this would have been statue barred by now

 

the debt is not on your credit file as it was most probably defaulted more then 6yrs ago and has been removed on the defaults 6th birthday.

 

if I were to be honest

this could get sticky

you've blindly paid till jan 2016.

 

get an sar running to HBOS get all the statements.

read the complete sar link thread too

if you've moved since taking it out.

 

for the minute

ignore cabot.

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... 

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  • 3 months later...

Hi @dx100uk thanks for clarifying.

 

today I got court paperwork through via nolans/cabot with a form 07 and 03.

I don't want to challenge this as I'm in the process of buying a house and my entry date is may18 so don't want any mortgage acceptance issues.

 

I called nolans who raised the action on behalf of Cabot and they said I need to send the stuff back to the court with an offer to pay.

 

What I want is to make an offer each month of say £100 that doesn't give me a CCJ or damage my almost perfect credit file.

 

Will returning the form 03 asking for "time to pay direction" ensure that I don't get a CCj??

 

There is also an option to pay monthly via a "time order" from the CCA1974.

I just want to be able to offer a monthly that doesn't harm my file.

 

What is the best safest option.

Ps I don't have the money to pay In full.

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did you get that SAR sent??

 

shouldnt be talking to anyone

never ever ring a DCA or their Dogs!! ever!!

they are not bailiffs

 

time order you be you best bet. £20PCM

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... 

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no it does not prevent the decree.

 

the debt itself is already defaulted

so no matter what happens, the account will vansh on the defaults 6th birthday

regardless.

 

now if you break the time order

then theres always the chance they go for enforcement.

 

but that's nothing to do with the debt entry

 

it would appear as does a CCJ in the public section for 6yrs.

 

so simply don't break the time order

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... 

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  • 2 months later...

Hi again.

 

Following on from previous advice I applied for time to pay and suggested I think it was £30per month.

 

I think I applied for time under the CCA1974 and not a time order as such.

 

I have now received a court citation to attend regards my application.

 

Is my attendance normal?

 

I was expecting to be able to close of this matter via post.

 

When attending is there anything I should be prepared for,

or is my attendance just to confirm my income and expenditure and thrash out a monthly payment?

 

Thanks for any guidance.

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was this an ordinary cause or a simple procedure claim

and what form did you fill out and send beck?

 

you keep disappearing for months on end

its hard to help when you do that

esp doing things we don't know about and p'haps advising differently or making sure you get things right before you responded

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... 

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Share on other sites

Hi dx100uk sorry for disappearing.

 

I was sent a form from the courts giving 2 options either a time to pay direction (which I think u suggested i apply for) or a time order under CCA1974.

 

I was planning to follow your instructions and apply for a time to pay direction but it was also asking for copies of the agreement that I did not have.

 

Also 1 had 1 or 2 days before my time was up to respond and I was going abroad for xmas

 

I ended up using the time order application from the CCA1974 only because it did not request proof of agreement.

 

I hand delivered it to the court and like I say now have a citation to appear in person on 22nd jan.

 

Just wanted some guidance from here.

 

I apologies again for appearing casual on this it was more holidays and work getting in the way.

 

Thanks again

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was this an ordinary cause or a simple procedure claim they filed?

 

and what form did you fill out and send back?

 

surely you kept a copy?

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... 

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Share on other sites

I have to apologise.

 

I think I have been confusing you and me.

 

I have been mixing the 2 different routes up.

 

I have checked the paperwork and what I appear to have done is NOT apply for the time order as u suggested but in fact time to pay for debtors 1987.

 

I was filling the time order route out and it asked for a copy of the regulated agreement which I did not have.

 

So I filled out the other form which was applying for a time to pay direction debtors Scotland act 1987.

 

I have been confusing the 2 in my previous comments.

 

But this is the case.

 

It's an ordinary action.

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didn't need the rest of it just the last line.:lol:

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... 

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Share on other sites

so what form did you fill out and its number PLEASE!!

and where did you get it from.

 

I need to know.

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... 

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The letter came from nolans solicitors and all the paperwork had the court name at the top. Recorded signed for. I completed form 03.

Edited by weedel76
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so this one?

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... 

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Share on other sites

which sheriff court is this please

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... 

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Share on other sites

go give them a ring [the sheriffs clerks office]

tell them you filled in the wrong part meaning to do a time to pay

and are puzzled why you now had an order to appear.

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... 

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Share on other sites

I called the sheriff court.

 

The young lady I spoke with was very nice and said I have been asked to attend as Cabot financial has rejected my offer of £30pm, the judge will just want to see if im able to afford more.

 

The letter to attend is stating that I have made an "application for a time to pay direction" when i asked further the girl checked and said it is under the debtors scotland act 1987.

if I can attach a picture I will.

 

If attending court under my current application ensures I DONT get a CCJ,

even if I have to pay a little more say £50

then I will be ok to let things role as they are.

 

Of course any advice would be gratefully received.

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