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


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Really...... you dont understand that a Default Notice must be served before any creditor/owner can enforce the agreement ?

 

Thats worrying considering the stage you are at in defending this claim.

 

 

Andy

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you don't have to use any legal language.

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 simply have to get across to the sheriff that they are being misled by the claimant...there is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments without the need of service of a default notice and that claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed to enforce the agreement.

 

If a default notice was never issued then they must evidence the termination notice of the agreement.

 

https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/termination-of-agreements

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don't forget post 70 too.

 

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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Share on other sites

knock something up

and we'll help with it.

 

bit busy at present

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

His fees will probably be more than the debt !!! :roll:

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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His fees will probably be more than the debt !!! :roll:

 

I hope not, no win no fee with me covering out of pocket expenses for court appearances approx £30. Rest of fees will be claimed from other side.

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doubt he'll get that under an SPC claim.

hope he knows about consumer credit and the act else this could be a very costly case for you if he loses it for you...

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
  • 2 weeks later...

and did you waste your money..............

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
  • 2 weeks later...
and did you waste your money..............

 

 

Matter is still ongoing, got a hearing date of 9th May, this is for hearing that my solicitor has requested due to the sale of the debt.

 

 

Will update once we have been to court.

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what is he querying with regard to the sale?

if you got a notice of assignment that's it done and dusted.

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

They applied to the court to change date of assignation and sent along the contract of sale between the OC and Cabot,

 

apparently there is something wrong with this

, I’m unsure exactly what but I’m sure will will find out.

 

There’s also the no default notice, they're claiming they don’t need it as only claiming arrears on account.

 

.. just a shame the arrears amount to the whole balance !

Edited by dx100uk
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ah the old don't need a default notice [email protected] they are all using in Scotland now

very typical of nolans..[they invented it!! others follow suit]

 

there are cases here already if you read thmn, whereby they even go so far as to say the default notice is totally unnecessary in Scottish claims and the sheriff has got it all wrong.

 

go read the threads in this forum.

 

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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Share on other sites
  • 2 weeks later...

Update, been back to court on the 9th, Sheriff was 50/50 with our argument about the sale of the debt being incomplete, ie not a full copy plus missing signature from the original creditor.

 

 

Finally agreed and has given 4 wks for them to come up with the correct paperwork or case will be dismissed.

Still haven't argued the failure to provide default notice so hoping this will be the end of this matter.

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well done!!

 

it gotta be more like 80/20 in your favour else the sheriff would have nailed you weeks ago.

 

the more hearings the better

as its probably cost them 2/3 times the value of this debt already in sols fees which they will never get back.

 

it all mounts up and put pressure on the fleecers to seriously consider throwing the towel in.

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
  • 4 weeks later...

So been back to court again and they have failed to provide anything further with regards to the sale of the debt.

 

I believe they did produce a default notice however sheriff wasn't impressed about the sale of debt.

 

Case has been dismissed (final disposal) however I believe they have 28 days to appeal ?

 

Not sure if they will ?

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I doubt it... well done User.

 

Hope your legal fees were not to extortionate...thread title amended.

 

Regards

 

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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