Cabot/nolans SPC Claim - Old Next CAT Debt***Claim Dismissed***

[dx100uk]

yes state the sheriff said 4 weeks at the hearing not 4month

has there been a typo?

[User457]

Looks like an error, got a new order from the sheriff... 7th April to comply or case dismissed.

[dx100uk]

great!!

[User457]

Quick Update.... Still haven't got anything more from Cabot yet.... Will they have to send me a copy ?

They didn't send me the statement from original lender, just lodged this as evidence at CMD and held to me ?

[dx100uk]

yes they must send to you.

[User457]

Hi Dx,

 

They never sent the statement, just handed me it at CMD ?

[dx100uk]

well it cant be used at that CMD

[User457]

Got another letter from cabot in response to my cca request....

 

 

They have sent a copy of the credit agreement, I already had this from the documents sent to me before the CMD.

They have also included a letter stating they believe the agreement to be enforceable now ?

[dx100uk]

as post 38 then..

[User457]

Update...

 

I got a statement of account from Cabot and they have added £188.85 of Legal costs to the original outstanding balance.* I'm under the impression that they can only add legal costs amounting to 10% of the balance which in this case would be approx £240 ?*

Would this be correct and should these have been added now ?

 

Also, got a letter from nolans with more "evidence".... they have sent me what looks like letters between Cabot and Next about purchasing the debt. ? (Assignation of the debt)

 

As far as I was aware this part they had already complied with ?

 

They also sent section 87 of the consumer credit act and have stated that no Default Notice was required in the current case as only installments under the agreement are being sought ???

 

What does this mean ?

 

Do they actually need the default notice ?

 

Do they need the proof of assignation of default notice ?

[dx100uk]

Stop worrying and fretting

 

Post 38 refers

 

If you wish to scan up to one multipage PDF all they have sent..please do.

[AndyOrch]

Update...

 

I got a statement of account from Cabot and they have added £188.85 of Legal costs to the original outstanding balance.* I'm under the impression that they can only add legal costs amounting to 10% of the balance which in this case would be approx £240 ?*

Would this be correct and should these have been added now ?

 

Why are you under the impression that only 10% can be added ? Its irrelevant anyway unless they get judgment.

Also, got a letter from nolans with more "evidence".... they have sent me what looks like letters between Cabot and Next about purchasing the debt. ? (Assignation of the debt)

 

As far as I was aware this part they had already complied with ?

 

They also sent section 87 of the consumer credit act and have stated that no Default Notice was required in the current case as only installments under the agreement are being sought ???

 

So £2416.82 equates to instalments ? Not the balance outstanding from the agreement which requires sections 87/88 to be complied with before they can terminate or enforce an agreement.

What does this mean ? Who knows ?

 

Do they actually need the default notice ? Yes

 

Do they need the proof of assignation of default notice ?

No

 

 

Andy

[User457]

Hi Andy / Dx

 

 

As mentioned please see the attached documents....

 

I have no idea where I stand now, I believe from what they are saying... they don't need a default notice ?

I don't understand why as account does show in default on credit file ?

 

Thanks DX, These ones are ok.....

1.pdf

2.pdf

 

Hi Andy,

 

 

I got the 10% from this....

 

 

What order can the sheriff make about expenses?

Once the decision on a claim has been made, the sheriff must make an order about expenses, such as:

 

• That no payments are to be made in respect of the expenses of any party.
• That a payment is to be made to a party or party’s solicitor.

As a general rule, court expenses are awarded to the party who succeeds in the claim. These expenses must then be paid by the unsuccessful party.

Expenses which may be awarded to the successful party by the court include:

 

• The cost of any solicitor employed by the successful party.
• Loss of wages and travelling expenses for the successful party and any witness who appeared on their behalf.

There is normally a limit on the amount of expenses which can be awarded:

 

• If the value of the claim is £200 or less there will normally be no award of expenses.
• If the value of the claim is between £200 and £1500, the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
• If the value is between £1500 and £3000, the maximum amount of expenses which can normally be awarded by the court is to the successful party is 10% of the value of the claim.

For claims where the value is between £3001 and £5000, the expenses follow the general rule that whoever is unsuccessful pays the costs of the other party. If one party has a solicitor, these expenses could be higher

 

 

http://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---what-happens-in-a-disputed-case

[dx100uk]

Usual twaddle from Nolan's

They still need the dn and have lost every case here to date whereby they have failed to produce it

 

Their twaddle is getting quite desperate now in trying to bamboozle the sheriff with utter twaddle

 

And you've admitted nothing in your response form toward the debt neither assignment

 

Pure desperation upon Nolan's part

Getting a bit like restons in england imho

[AndyOrch]

Hi Andy,

 

 

I got the 10% from this....

 

 

What order can the sheriff make about expenses?

Once the decision on a claim has been made, the sheriff must make an order about expenses, such as:

 

• That no payments are to be made in respect of the expenses of any party.
  
• That a payment is to be made to a party or party’s solicitor.
  

As a general rule, court expenses are awarded to the party who succeeds in the claim. These expenses must then be paid by the unsuccessful party.

Expenses which may be awarded to the successful party by the court include:

 

• The cost of any solicitor employed by the successful party.
  
• Loss of wages and travelling expenses for the successful party and any witness who appeared on their behalf.
  

There is normally a limit on the amount of expenses which can be awarded:

 

• If the value of the claim is £200 or less there will normally be no award of expenses.
  
• If the value of the claim is between £200 and £1500, the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
  
• If the value is between £1500 and £3000, the maximum amount of expenses which can normally be awarded by the court is to the successful party is 10% of the value of the claim.
  

For claims where the value is between £3001 and £5000, the expenses follow the general rule that whoever is unsuccessful pays the costs of the other party. If one party has a solicitor, these expenses could be higher

 

 

http://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---what-happens-in-a-disputed-case

 

Well thats with regards to any decree (Judgment) ...they can still add the full amount to your statement.

[User457]

Noticed I have 10 days to respond from 27/03 do need to submit something before 06/04 ?

[dx100uk]

whos saying you have 10 days to respond?

[User457]

Section D of file 1.pdf above asks for a reply ?

[dx100uk]

IF you want to respond...

 

see what andyorch thinks...

 

most of it is utter twaddle from nolans.

 

IMHO you might want to point out that your response form did not say you admitted you had an agreement ..it said

 

It is admitted with regards to the respondent once having financial dealings with [Next Directory - original Creditor] in the past.

 

I do not recall any precise details or agreements and have sought verification from the claimant who has not complied with my request for further information. It is denied that I am indebted for any alleged balance claimed.

 

....

 

you might also wish to counter the twaddle about not needing a default notice

under section 87/88 they do.

[AndyOrch]

Yes you must respond and challange

[User457]

Any advice on the default notice Andy ?

Dx has made some valid points above but not sure what to say about default notice, or lack of it ?

[AndyOrch]

I am not aware of anything in the annotated version of section 87 of the CCA1974 that they refer to and therefore you must put them to strict proof to disclose the relevant legislation.

[User457]

Apologies Andy, not exactly sure how to approach this ?

[AndyOrch]

Here is section 87 of the CCA1974...

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

 

Here are the annotations ....

 

https://www.legislation.gov.uk/uksi/2010/1010/contents/made

 

Browse through and see if you can find what they refer to within your upload (page 7) were they refer to an annotation stating that a default notice is not required if they are only claiming arrears or instalments

[User457]

Had a scan through that, not much mentioned in annotations about default notice ?

 

I also has a look at this but can't make much sense of it ?

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices