Jump to content


Cabot/Nolans SPC claim - LloydsTSB Credit card debt **WON CASE DISMISSED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1355 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I previously received the simple procedure paperwork regarding a LloydsTSB Credit card debt from 2013 for £1900 ish

 

I did a bit of research and found this place so sent my response back as per what I found on here and fired a CCA request to Cabot

( I made one mistake and said I'd sent it recorded when in fact I sent it 1st class with proof of postage

- no matter as they mention it in their reply which to me is an acknowlegement)

 

I now have a case management meeting Next Week

 

I have also received a reply from Nolans - both of which I'll add as PDF's (now that I've figured out how to do it)

 

So, first of all, thank you for the excellent advice & information on here and secondly,

how do I handle the case management meeting?

what do I need to say and possibly, more importantly, what do I make sure that i don't say?

SO1.pdf

Nolans reply.pdf

Link to post
Share on other sites

SO they have been ordered to provide

 

Notice of Assignation and a Copy of the agreement

All letters requesting payment etc

Statements of how the debt has come too and a full confirmation of the terms and conditions...

 

Yet they basically told the Sheriff - *Nope - We will do it when we feel like it*?

I dont know the law too well up there - But it sounds like they are chancing it on this one?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

yes - the way I read it, Nolans have been ordered by the Sheriff to provide the documentation within 14 days and that was written on the 1st August - so far I've had nothing back from Nolans so already they're not complying with his order - is that not a bit of a fail with the majority of Sheriffs?

Link to post
Share on other sites
yes - the way I read it, Nolans have been ordered by the Sheriff to provide the documentation within 14 days and that was written on the 1st August - so far I've had nothing back from Nolans so already they're not complying with his order - is that not a bit of a fail with the majority of Sheriffs?

 

Good Question - That i dont know - Sorry to sound useless...

Im guessing that the Sheriff should be putting something down - But they should have provided documents to you right and they havent done so at the moment?

Can i get another member of the site team to pop in? Give me a mo

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Scottish claims go in the Scotland forum.

 

those judgements the idiot nolans refer too are ENGLISH LAW

they hold no water in Scottish courts.

 

can you post up your respondents form please

what you said in it is important

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

I'll have to scan it in again - for some reason it wont let me alter the pdf :-(

I did use the exact wording in the sticky relating to the simple procedures claim with the relevant dates altered to suit.

Link to post
Share on other sites

read the link in post 3 please and follow post 2 in that thread we need all the details

and give us the history of the debt from your side please.

 

 

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... 

Link to post
Share on other sites

name the issuing court: Edinburgh Sheriff Court

 

Who Is The Claimant: Cabot Financial UK Ltd

 

Who Are the Solicitors: Nolans Solicitors

 

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

 

What is the claim for:

 

1.On 14/05/2010 the respondent entered a Credit Card agreement with LloydsTSB Bank PLC under which the respondent borrowed from them a sum of money repayable on demand.

2.The said agreement was an agreement regulated under the consumer Credit Act 1974.

3.The respondent 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 rights in the said debt to cabot financial uk ltd on 24/06/2016 and the claimants have advised the respondents of same.

4.The last payment was made to account on 13/05/2014.

5.The said sum of £1927.24 is the sum sued for.

6.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so.

 

Last Date Of Service:- 05/07/2017

Last Date For Response:- 26/07/2017

 

What Documents are listed in Box E2: agreement dated 14/05/2010.

 

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

 

When did you enter into the original agreement before or after 2007? After

 

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. Debt purchaser

 

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? Don’t know

 

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

 

When was you last payment:- 13/05/2014

 

Why did you cease payments:- Financial problems, health issues , family issues

 

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

 

there were a few issues in life around that time

- my mum was dying of cancer,

my wife was then diagnosed with cancer,

i was off work with stress/depression and one of our kids was going down the wrong path.

 

there was too much going on and a few things got missed / pushed to the back burner and it was a long time till i was well enough to even think about sorting financial stuff out

- the family was more important and to be honest this just got pushed further and further back until it was forgotten about.

 

the response forms

SPR_Respondance_Form_EDI-redacted.pdf

Link to post
Share on other sites

although the respondent has not bothered to conclude this thread

with regard to what nolans are intimating

its worthy of a read.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Cabot-Nolans-Dumfries-simple-procedure-claim-old-Jacamo-JDW-CAT-Debt&p=5048400#post5048400

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

Got case management meeting in the morning so have been reading up - I'll stick to "admit nothing" and will question Nolans inability to provide any paperwork to back up their claim.

I'll update tomorrow once I've been.

Link to post
Share on other sites

Well - that was a fun morning - no-one from Nolans turned up so case dismissed.

The Sheriff was not impressed with Nolans letter

- even described it as load of rubbish and not worth much.

 

my advice to all is to do your research and make sure you turn up to defend yourself.

It was a lot more relaxed than other courts ive been in (in relation to other non financial matters) and the sheriff was very down to earth and didnt waffle on in legal speak.

Link to post
Share on other sites

there you go well done

 

quite usual for Nolans sadly bunch of idiots not expecting people to retaliate against their speculative claims.

 

got one that's been going 2yrs now

was in court last week

and still after 2ys of asking they've still not produced paperwork

sheriff was none to pleased

gave them 2 week else i'll be struck out.

EDIT: And it was they withdrew the claim

Sheriff was none to impressed

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... 

Link to post
Share on other sites
  • dx100uk changed the title to Cabot/Nolans SPC claim - LloydsTSB Credit card debt **WON CASE DISMISSED**
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...