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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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erinbrooke

MEIII [CABOT]/Nolans SPC Claim - old Yorkshire Bank Loan *** 2nd Claim Dismissed***

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can you scan it up please

redact things that ID you or where you are

 

read upload


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I can but it will be tomorrow, the wife needs to do the scanny thing for me....

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and any other letters

esp this one about the CCTV CCA £1PO!!

and any other in/out you've had with them


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as is every nolans letter...

 

usually totally BS


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Apologies for the delay, it's been a bit hectic here.!

 

I have attached some correspondence from Nolans/Cabot.

 

For some unearthly reason we cannot find the Sheriff response letter anywhere, but I will persist in looking for it.!

 

Do I just type a letter in response to his order or is there an official form?

scan0002.pdf

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sheriff form 8a please


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have MEIII complied with sending you a copy of the agreement?

their 7 days are up.


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Nothing yet...

 

We had thought that the 7 days are working days?

 

I want to respond tomorrow but not sure what format to send it in

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no not working days.

 

did you inc this sentence on the response form..

 

I have had financial dealings with [original Creditor] in the past.

I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information.


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that's not what I asked

did you send the above?

 

if you did then I'm puzzled why the sheriff has asked the question he has.


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Yes, I have worded my D1 response exactly as you have shown above in post 36.

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ok

 

go ring the clerk tomorrow and tell them you have not received the agreement

the 7 days made by the sheriff has expired.

 

if they do ask about your bit then you reply

It is denied that I am indebted for any alleged balance claimed.


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not yet

just incase they ask

yours is not due till day 14 [Friday]

so wait.


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*Update*

 

Spoke with the Clerk of the Court today and confirmed the I have not received anything from MEIII within the timeline.

 

She was of the opinion that it should be dismissed but has forwarded the information to the Sheriff for his decision.

 

Just waiting to hear the Sheriffs response.

 

(Fingers crossed)

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I would expect you'll here as I have done twice below now on claims like this..

 

Sheriff ***, has had sight of your all the latest correspondence in this case and is going to ex proprio motu (at his instance) dismiss the cause with no expenses due to or by any party without the case calling again in open court.


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Single Premium PPI Q&A Read Here

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they cant have 2 bites of the cherry no

or litigate on the same issues raised no.

 

but that's not to say they cant try.

 

but remember all of these things are simply speculative claims

hoping for a non contested default rubberstamped judgement whereby no human checks anything

you defended and upset them costing them money..


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

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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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**UPDATE**

 

I've not heard back from the Sheriff as yet, but have received the attached in the post today from Nolans.....:sad:

 

Not quite sure what to make of it - they had a deadline set out by the Sheriff and failed to meet it then they just spring this one AFTER the deadline..?

 

Is that even possible?

 

Great 2 days before Christmas.:|:|

Nolans 2312 (Edit).pdf

Nolans 2312 (2Edit).pdf

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no you object

the claimant has already had enough time and has already failed to comply with the sheriffs direct orders of date.xxxxxx

 

having purchased the debt since 2010 and having clearly stated on the initial form x that they HELD the signed agreement

you object.


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

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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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