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Cabot/Nolan Oridnary Cause - old BoS Credit Card [won repone already] **WON+COSTS**


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Decree awarded in absence.

 

I have been advised to recall decree using a reponing note.

 

I am looking for advice or a template for this note as there is no standard form available from the scottish courts service

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Hello and Welcome Louix,

 

If you could give us some detail of the case it would help regarding the reponing note.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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no such thing as a degree awarded in absence..as such..

 

page 14 of the doc at the end of this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

 

lets have details first thought please

and why did you not receive the writ

it MUST be served person to person.

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 weeks later...

Disputed unrecognized entry on ClearScore report, what has changed section March 2017 below:

 

• You opened your CABOT CREDIT MANAGEMENT GROUP LTD (I) Your CABOT CREDIT MANAGEMENT GROUP LTD (I) account went into default

 

• You closed or settled your CABOT CREDIT MANAGEMENT GROUP LTD (I) account

 

Raised dispute with Clearscore who raised dispute with Cabot through Equifax.

Cabot advised 'this account relates to a BoS credit card by Lloyds account sold to Cabot Financial in June 2016. Please contact Cabot on tel.....

Phoned Cabot 5th May advised that court proceedings underway and that I can send letter to them via email.

 

Sent a CCA s 77-79 request same day & received automated confirmation email from Cabot.

Copy also send and signed for 14th June 2017

 

Requested further info from court, received copy of initial writ and decree granted in absence.

 

I did not receive any paperwork from Cabot/court as I moved house last year and was removed from the electoral roll April 2016.

 

Submitted reponing note to recall decree,

just received interlocutor case to be heard end of August.

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old Halifax credit card I bet,

well if cabot have it there something dodgy about the debt

always is.

 

 

whats the history..

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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I do not recall any credit card/loan to any company for that amount...

 

within the writ it states

'on 4/9/98 the defendant entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand.

The said agreement was regulated under the CCA 1974...

 

the defender failed to pay as agreed on demand and is in breach of contract with the said Lloyds TSB Bank PLC.

The said supplier assigned all right in the said debt to Cabot Financial Lts on 24/4/16'.

 

How can that be when Lloyds TSB Bank PLC was not incorporated until 28/6/1999???

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well they wont know any real history of the debt

which is why their statement of claim is very vague

 

all they get is a line on a debt portfolio buying list spreadsheet

they issue claims hoping for default judgements.

 

the original creditor name will be the name of the OC that sold them the debt today.

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

Thanks DX

 

That will be why they have not supplied info requested under CCA s,77-79.

I have also requested info under DPA.

 

Non compliance with CCA request is the grounds for recall of decree.

 

I am confused as to the origin of the debt.

 

Presumably the info supplied to Equifax dispute resolution centre should be ignored and I should focus only what is in the writ.

 

Lloyds TSB Bank PLC was incorporated on 28/6/99 and ceased to exist on 23/9/13 according to Companies House.

 

How could they assign the debt to Cabot in 2016

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you focus only what is on the writ yes brilliant idea.!

 

no CCA return will be fatal to cabot no matter what they do otherwise.

you have to remember

no human to this point would have looked at anything.

the decree was rubberstamped.

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...

yes so what did they claim in it

please fill this out:

best you can [its for the new spr system but an old decree is basically the same

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

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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name the issuing court:edinburgh sheriff court now strathclyde previously

 

Who Is The Claimant: Cabot

 

Who Are the Solicitors: Nolans

 

What type of action? (simple/Ordinary): Ordinary

 

What is the claim for –

 

The pursuers crave the court-to grant decree against defender for payment by the defender to the pursuers for the sum of XXXXX sterling payable to the pursuers with expenses.

 

Condescendence

1.The pursuers aver that the defender resides as stated in the instance and has so resided at least three months immediately preceding this action. the nature of this residence shows a substantial connection with Scotland. Defender is domiciled as in the instance giving this court jurisdiction in terms of statute. To the knowledge of the pursuers there are no other proceedings pending before any court involving the present cause of action between the parties nor does any agreement exist between the parties prorogating jurisdiction over the subject matter of the present cause. Pursuers are as stated.

 

2. On xxxx98 the defender entered into agreement with Lloyds TSB Bank PLC under which the defender borrowed sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974.

The defender failed to pay as agreed on demand and is in breach of contract with Lloyds TSB Bank PLC.

The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on xxxxx16 and the pursuers have advised the defender of the same

The last payment of account was on xxxx15.

The said sum of xxxxx is the sum sued for.

the pursuers have made frequent requests to the defender to make payments of the said sum but the defender has refused or delayed to do so.

 

3.The defender has delayed or refused to make payment of the sum due to the pursuers despite repeated application by the pursuers and this action is now necessary.

 

Last Date Of Service:-

 

Last Date For Response:- 13/10/17

 

What Documents are listed in Box E2:[or in your form requesting the same?] no forms only interlocutor

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt - BoS credit card debt

Disputed debt with Equifax Dispute Centre, Cabot responded stating it was a BoS credit card debt this was confirmed by local solicitor at previous hearing.

 

D5 what has the claimant said]:

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? Before (1998)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was you last payment:-N/A

 

Why did you cease payments:- N/A

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ?No

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does the Condescendence contain a 16 digit number

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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urm then how the beep can they prove what debt they are on about?

 

when have you to file our defence by?

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... 

Link to post
Share on other sites

Astonishing this bunch got a decree in absence as no defence lodged due to them using the wrong address.

Dirty tactics!

 

How many more people have they done this to without their knowledge?

 

I only found out when CCJ/Decree appeared on my credit file.

 

At last appearance in court the Sheriff specifically asked the local solicitor to clarify the origin of the debt.

 

Defences by Monday.

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this Monday?

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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ya didn't say

 

ok what you need to do is here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?482558-What-To-Do-Ordinary-Cause-Action-Claims-Scotland(1-Viewing)-nbsp

 

don't forget the 07 form if that's what you need..I would assume so I don't 100% know

 

MUST BE IN THE CORRECT FORMAT

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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  • 1 month later...

Defences lodged and intimated to pursuers within time limit.

 

No adjustments received from pursuer.

 

Options Hearing soon.

 

Should I be raising anything with court before the options hearing?

 

Will I receive a copy of record before hearing?

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unless they do wish to amend their claim

there is nothing to exchange before the options hearing.

 

have they complied with your CCA request yet?

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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Adjustments were to be made by 26th Dec.

I have not received any notification of adjustments.

I never received a response to CCA or SAR.

 

How do I obtain the documents from them?

Do I ask the sheriff to order production of docs?

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sar to whom not the DCA I hope?

have you made ref to failure to comply with CCA request on form 07?

 

dx

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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