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


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brilliant

has he set a date?

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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Yes, we have to be in court by 7th March and the docs have to be filed by then ?

 

Ps, I put on my response form that I would be represented by a family member... does this mean I don’t have to attend only them ?

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yes

and pers i'd go.

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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Unfortunately with work commitments and the stress of the whole situation I don’t really want to attend. My family member who will represent me is more than happy.

 

After all that has been learned on these forums he’s very eager to get to Court and see the outcome.

 

If they do get the documents on time will I get to know this before Court or will it simply be a case of show up and see ?

 

My representative has been advising we do an income and expenditure before the court date... he wants to be able to show the sheriff my income and expenditure there and then, If they have managed to produce the docs ???

 

Unsure if this is correct or if we should wait and see ?

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Yes, we have to be in court by 7th March and the docs have to be filed by then ?

 

Ps, I put on my response form that I would be represented by a family member... does this mean I don’t have to attend only them ?

 

If your the defendant you must attend...is your family member legally qualified to represent you ? if not he will he will only be able to sit with you as a lay person or Mackenzie friend.

 

 

Andy

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its a case management discussion....

 

there are only really 3 things that can happen

1. they fail to provide the docs...the sheriff dismisses the case

2. they comply, there will then be a hearing.

3. the sheriff allows more time

 

they cant rock up at the CMD with them and the sheriff do anything else.

even if they do send them before hand

you simply state you have not had time to digest them

the sheriff cant pass judgement upon you at a CMD

only dismiss or set a hearing date.

 

what did the sheriffs orders state you had to do anything?

 

ideally you should attend.

 

you do not need to do an I&E

the sheriff will not be interested in it at a CMD

 

in Scotland no you don't have to attend

and the whole case can be dealt with by any named person if the sheriff agrees.

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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what did the sheriffs orders state you had to do anything?

 

No other instructions on this ?

 

 

Thats what i thought, hence why I asked a family member to represent me, I dont think they have to be legally qualified for this ??

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What is a Case Management Discussion?

 

A case management discussion is an informal hearing the sheriff may arrange so they can:

 

Discuss the claim and response with both the claimant and respondent to clarify any concerns the sheriff may have.

Discuss negotiation and alternative dispute resolution with the claimant and respondent.

Give the claimant and respondent, in person, guidance and orders about witnesses, documents and other evidence which they need to bring to a hearing.

Give the claimant and respondent, in person, orders which arrange a hearing

Make a decision in the case.

 

A case management discussion takes place in a courtroom or any other place decided by the sheriff. The sheriff will also decide how the discussion will take place, for example, by video conference, conference call or any other form that they decide.

 

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

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Wasn’t sure if I had to attend or if my representative would be ok ?

 

I emailed the court and the clerk has sent me form 2a to complete and once complete and sent back they will put it to the sheriff to decide.

 

I will complete and email back but I thought since I put my representative on the response form everything would be ok ?

Edited by dx100uk
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Nolans / Cabot have responded to the court order with the following....

 

1. Copy of Credit Agreement

2. Copy of Intimation of assignation

3. Copy of letter from Cabot itimating assignation

4. Copy of various correspondance from cabot to me.

 

There is obviously things the sheriff has ordered not here yet ?

 

Where do I stand now ?

 

I didn't expect them to respond with any of the documents requested by the sheriff ?

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Scan them up to 1 multi page PDF

Read upload

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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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. - but NO T&C's so that makes NOT compliant with the consumer credit Act upon what a CCA request return should contain.

2. The assignation of the debt.- complied.

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

4. Default notice. - not complied fatal under the Consumer credit act section 87/88 toward enforcement of any under the act.

5. Proof of intimation of the default notice. - no proof as no copy of DN

6. Statement of account. - not complied as these are statements from the claimants own system, not from the original creditor showing how the balance actually accrued

 

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.

 

 

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... 

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Good luck

 

Andy

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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Well,

think I made have made an error,

 

got to court and Cabot/Nolans have produced a statement of account from next,

 

however the sheriff said that this is the only 1 item from the list that has been produced.... (Not sure why as they have sent me others as above)..

 

the sheriff then asked me if we should progress with the case today or wait a period of time for cabot/Nolan to produce..

 

.. I agreed to wait and the sheriff has ordered that the documents be produced in 4 weeks or else the case will be dismissed ?

 

 

Should I have progressed today ?

Edited by dx100uk
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" Should I have progressed today ? "

 

Yes...you have simply allowed the claimant more time to conjure up the required paperwork.

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

 

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

 

If you want advice on your Topic please PM me a link to your thread

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But the sheriff did ask if I wished to proceed ?

 

They also stated that the statement that I got today was the only part of the order complied with so far ?

 

What about the other documents sent to me ?

It seems like they didn't even know about them ?

 

Although looking at the paperwork, it has been entered in box C5, whereas the others are all on the other sheet sent to me and they are in C1-C4 so maybe they do have them ?

 

I'm unsure as to what they are doing ?

 

 

If I had decided to proceed where would this have went ?

Edited by dx100uk
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you are doing fine.

don't fret

 

the question of proceeding was asked in respect to the CMD ie do you want to go ahead or are you giving in I expect?

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

dismiss it as in post 31

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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Got the order from the sheriff through today... they have been given until 9th July... the sheriff said 4 wks at the cmd ??

 

How can this be right ?

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ring the clerk and query it.

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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