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


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name the issuing court: Airdrie Sherriff Court

 

Who Is The Claimant: Cabot Financial Uk Limited

 

Who Are the Solicitors: Nolans

 

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

What is the claim for –

 

1.On 17/10/2011 the respondent entered a mail order agreement with next directory under which the respondent borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the consumer credit act 1974.

The respondent failed to pay as agreed on demand and is in breach of contract with the said next directory.

2.The said supplier assigned all rights in the said debt to Cabot financial uk limited on 05/01/17 and the claimants have advised the respondent of the same.

3.The last payment was made to account on 16/04/15

the said sum of £2416.82 is the sum sued for.

4.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:- 24/01/18

 

Last Date For Response:- 14/02/18

 

What Documents are listed in Box E2: Credit Agreement (I think)

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Catalogue / Store Card

 

BOX D5 what has the claimant state:

 

from your knowledge: answer the following:

 

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? Unsure

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

When was you last payment:- 16/04/15

 

Why did you cease payments:- Financial troubles / health issues / off sick

 

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

 

I have been reading on here for a while and have already sent off my cca request to Cabot.

 

Is there anything i should do while i wait a response ?

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contents of box D5 please

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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Hi dx100uk

 

Box D5 states : The Claimants request that the court order the respondent to pay them the sum of £2416.82.

 

FYI, I have already sent of my CCA request to Cabots, I sent it recorded / signed for on the 17th but upon checking this still hasn't arrived ?

 

Also, should I have sent this cca request to Nolans as well ?

Edited by dx100uk
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no just cabot.

 

leave your response form for now

 

go read like threads here.

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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Time limit makes no odds

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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read like threads here. there are loads

 

nothing to do till/by the 14th feb.

 

tell us more of the history of this debt please

 

lots of blank answers above.

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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Debt is from a next directory catalogue, which also gives you a card you can use in next stores.

All was fine with this until I had a stroke brought on by a brain tumour that Ive had since I was born.

 

When this happened I was off work for approc 16-20wks and couldn't afford to pay.

I buried my head in the sand and hoped it would go away.

 

I haven't heard anything from them for ages, and now this suddenly appears ?

Unsure as to what my best option is.

 

I have no idea how much I owed when I stopped paying.

 

I have no idea as to any fees / charges that may or may not have been added to this ?

 

I believe the next step for me might be the time to pay option but unsure as to what is best ?

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let it run for now.

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...

Hi dx100uk

 

I got a response today from Cabot (today was the 12th day),

it states that they have received my request and are aware of the 12 day time limit

however they currently don't have this info on file and have requested it.

They go on to explain that as they have to request this from the original lender they hope that they will get this info within 40 days ??

 

It states that in the unlikely event that they can not get this info they will write to me again ?

 

So question is, where do I stand now ?

I have read about this before and believe that the case should be sist'd if that's the right terminology ?

Should they not right to the courts to inform them, of this, or would that be up tp their solicitors (Nolans) ?

Do I need to let the court know of the situation ???

Do they have the right to 40 days to obtain this ?

I can't believe they chase debts and don't have the agreements, terms etc ?

 

Let me know and thanks for your responses : )

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Hi dx100uk

 

I got a response today from Cabot (today was the 12th day),

it staes that they have received my request and are aware of the 12 day time limit

however they currently don't have this info on file and have requested it.

They go on to explain that as they have to request this from the original lender they hope that they will get this info within 40 days ??

 

It states that in the unlikely event that they can not get this info they will write to me again ?

 

So question is, where do I stand now ? - you file your response stating the above

I have read about this before and believe that the case should be sist'd if that's the right terminology ? - no dismissed, why give them more time?

Should they not write to the courts to inform them, of this, or would that be up to their solicitors (Nolans) ? - nope its a speculative claim hoping its not contested.

Do I need to let the court know of the situation ??? - file your response form.

Do they have the right to 40 days to obtain this ? - nope they have 12+2 working days. else they've failed the CCA request. cabot always state 40 days if you go read other cabot threads

I can't believe they chase debts and don't have the agreements, terms etc ? - its what DCA's do - spoof people

Let me know and thanks for your responses : )

 

 

what date did you send the CCA request

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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the claimant has failed to comply within the statutory time limit under my section 7? request sent recorded delivery date XXXX.

 

provide post 3 here add the above

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland

 

you really should be reading around too.

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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As a respondent I specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

 

1.4(2)

 

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

 

... I am being represented by a lay person and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

 

1.6(9)

 

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advantage of the party.

 

1.6(10)

 

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

 

..I expect the claimants' representative to employ the above.

 

..........

 

The Claimant is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organizations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the consumer credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

 

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

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.

 

The Respondent puts the Claimant to strict proof provide under the Consumer Credit Act the required documents to legally be able to enforce and bring this claim to court namely:

 

The Signed Consumer Credit Agreement

The Notice of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

 

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

 

I will contend at trial that such charges are unfair in their entirety.

 

 

D2

The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated 17/10/2011.

 

A CCA Request section 7, was sent recorded delivery on 17/01/18.

To date the claimant has failed to comply with the statutory time limit & is in default of said request.

 

The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last 7 years.

 

So D1 and D2 are above and I will complete the response for and email back to court.

 

Let see how things go.

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what section of the CCA

 

A CCA Request section 7x, was sent recorded delivery on 17/01/18.

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’ve emailed back the response form and the court have acknowledged that they have it.

 

They have advised me to send a copy to Nolan’s who are Cabot’s solicitors ? Why ?

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because you have too!!

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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Because its a manual claim and not like MCOL which auto forward a copy to the claimant.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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little tip

 

remove any phone/signatures

you don't have to give nolans them.

 

there an email on the nolans letters

use that

simply put your case number in the subject line.

 

also place in your email a line that says

this email address is not to be used for the service of docs

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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you await the sheriff orders.

 

have you not read that here

plenty of SPC claim to read

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

The sheriff has responded....

 

The Sheriff orders the claimant to lodge the following documents at or before the CMD, failing which the action may be dismissed:

1. The original loan agreement.

2. The assignation of the debt.

3. Proof of intimation of the assignation upon the respondent.

4. Default notice.

5. Proof of intimation of the default notice.

6. Statement of account.

 

Looks like he wants a case management meeting and he has ordered the claimant to file the above.

 

Hopefully they will fail to obtain these documents and the case will be dismissed.

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