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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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No, the Sheriff didn't award any costs at all. He did ask me if I had incurred any but didn't think a CAG donation would cut any mustard with him so i'll happily suffer that myself.! :-)

 

I didnt think so...title reverted back to my amendment. :wink:


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Their representative suggested that they needed 30 - 60 days to acquire the relevant documentation Andy, I have a feeling that's when the sheriff lost interest.

 

We've now had 2 bailiff letters delivered to the door and they've had to pay a local 'very qualified and respected' solicitor twice to appear for them. Surely when their costs are capped in the event of success they must now have to take a holistic approach to the matter??

 

Debt was under 2 K which they will have bought for around £225...so they must if not already passed their threshold to make any profit on this lemon.


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You said in your pm you got expenses?


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:???: Yes, I see I did in fact say that .! I was typing whilst walking back to the car..!! Must have auto corrected it.. Definitely NO expenses...:oops:

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I will guess it was not nolans but a local rep

They cost £427 per appearance

 

Dont get confused either...

Scott walker or the other lot that came twice to you door are not bailiffs. No such thing in Scotland..they are sheriff officers


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£427...!!! I had been thinking a hundred quid max.! My case was dealt with first and I was out the door in ten minutes. Yes a very well respected local solicitor (not junior)

 

If she does charge 427 then her bill alone will almost cost the alleged debt.! Thats without N0lans bill...

 

I'm guessing the Sheriff Officer will charge as well though?

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no you are not understanding the processs

SO's are paid for by the court and sent by the court

it part of the service the claimant gets when they issue a claim.

 

nothing to do with the claimant, nor nolans

 

the process is diff in Scotland whereby claims must be served by hand not in the post.

 

you got heard first as it was a CMD

its nice to see the sheriff you had sit up and listen, that's rare for him

usually doesn't go with the respondent ever on civil debt to DCa's

probably the 1st time hes met this argument [i'll bet on that]

 

the other one is yes away on holiday.


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Thanks DX.

 

So to summarise the costs ME III will meet so far for the two claims:

 

N0lans

Local Solicitor (twice)

Claim to bring case to court cost? (twice)

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and the rest - but these are typically done in bulk at a central court.

don't forget nolans didn't appear they used a the local rep.

 

I know the rep costs [well advocate costs i think its called but as you've spotted its just a local court one]

as it was explained to me by that other gentleman you met on one of the other cases I've deal with.

 

they nolans/cabot] ran a case for for 2 years with 8 hearings!! the debt was only £1300 they lost but would never have gotten all the costs back even if they won!! stupid

but nicely punishing for them.

since then the number of cases up here with them has gone from an avg of 20per month down to less than 5 and they are mostly oridinary causes [+£5k claim] where they can get all costs back from the respondent/defendant]


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Isn't it madness.! Surely someone at ME III or Nolans is keeping tot of the costs so far and makes a decision to bin it when, in the event of success, the debt wont even recoup the costs??

 

I think their costs are capped at £150 or thereabouts even if they are awarded them.

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its a numbes game

in E&W 750'000 speculative claims are issues every year

not sure about Scotland.

 

85% are not even defended/contested and are won by rubberstamped default.

15% are defended in some way.


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cunningly disguised begging letter me thinks.

 

 


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That's pretty much what I thought - veiled threat.

But does their 'threat' carry any credence?

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post 152 sums it up nicely..

I never believe anything nolans say.

they are a bit link restons

pull any trick they can to try and fleece people

in your thread they are arguing they don't need a DN

in another they argue that a DN is so important that having it over-rides the need for the signed agreement which they cant get....

little darlings


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Would it be prudent for me to respond in writing to them?

Even just a statement of my disappointment that they disagree with the Sheriffs assertions and timescales?

If nothing else it would cost MEIII more money for N0lans to respond?

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Can't see the point..simply invites pointless letter tennis..and poss gives them some sense of worthiness..


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I think Nolans need to reread Section 87/88 CCA again...its irrelevant if the loan period has now expired...the breach when it was live and still requires a default notice to be served before they can sue


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OK, so I ignored their offer in March.

 

I have started getting voice messages from an authoritive sounding Glaswegian fella who does not tell me what company he is from or what he needs to speak to me about. My suspicious side is guessing he is linked somehow to the Nolans/MEIII situation.

 

I have not rang him back.

 

My question is this - if Nolans have now sold it to or instructed one of these legal thugs (debt collectors) can he turn up at the house and walk away with the telly?

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nolans can't sell anything to anyone

they don't own the debt.

neither can they pass it on to any powerless DCA or anyone

 

bailiffs don't exist in Scotland, and a DCA is not a bailiffs and can never be.

 

sheriff officers [the eq of a E&W bailiff] can ONLY be involved if the owner if the debt won a case

and have zero right of entry on civil debt decrees anyway.

 


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Thats very helpful DX thank you.

 

It could well be just a Spam call, albeit I think this fella tried off a few different numbers today....

 

So long as I know my wife isn't going to get some goon on the doorstep while i'm at work.

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https://whocallsme.com/

 

bet its cabot

they have a Glasgow office I believe


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Posted (edited)
6 minutes ago, dx100uk said:

https://whocallsme.com/

 

bet its cabot

they have a Glasgow office I believe

 

This fella is ringing from a mobile number and he just had that debt collector tone to him....

 

I just thought it would have been sufficient time since the offer from Nolans for them to instruct some kind of doorstep botherer

 

He gives his name as Eric but I can't hear his surname properly...

Edited by erinbrooke

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nolans cant instruct anyone......

most dca mobiles are well known

post it here


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