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Cabot/nolans SPC Claim - old Tesco credit card

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Hi all first post, as I'm new to all this any help/advice would be appreciated.

 

I received a letter on Saturday 26th May from Nolans solicitors.....

 

Debt is under 2k..

 

Excerpt from letter..

 

 

NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS

 

Our Client:- CABOT FINANCIAL UK LIMITED

 

TAKE NOTICE that unless you make payment of this debt IMMEDIATELY application

may be made to the courts to issue a SHERIFF COURT SUMMONS against you.

 

DETAILS OF DEBT £ ****.** due in respect of TESCO PERSONAL FINANCE

 

INFORMATION ABOUT A SHERIFF COURT CLAIM

If a Claim is issued a court fee and costs will be added to the debt. interest

may also be added.

 

If Decree or Judgement is made against you this may make it difficult for you

to get credit in the future,

 

HOW TO PAY

===========

Various methods of payments explained..................................................................................................................................................................................................

 

To communicate with Nolans via email. contact the person dealing with your account at E mail*******************.

You should ensure that your name and account number ( *******) are contained within your e-mail. To protect data of a sensitive or personal nature we recommend that you use an email account in your name and to which

you have exclusive protected access.

=============================================================================

 

after reading forum I was going to send them both CCA request as NS has supplied an email can I deal with them by email and a letter to Cabot or letter both if this is the best way to proceed at this stage.

 

TIA.

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Hello and welcome to CAG.

 

 

The Scottish experts should be along later, they'll know what to do. Please bear with us until they're able to get here. :)

 

 

Best, HB

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please don't use email EVER to a no powers DCA or their powerless Dogs

they like all DCA's have ZERO legal powers

and are NOT BAILIFFS

 

send cabot a CCA request

 

tell us about the debt please

 

when did you take it out

were you resident in Scotland when you took it out

when did you last pay

what is the defaulted date from your credit file

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dx100uk thanks for reply and information.

 

when did you take it out >>>>>>>>>>> Account opened 14 July 2011

 

were you resident in Scotland when you took it out >>>>>>>>>>> Yes

 

when did you last pay >>>>>>>>> August 2014

 

what is the defaulted date from your credit file >>>>>>>>>>>>>>>>>>>>> Sorry don't know

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go look please

so not SB'd till aug 2019

 

any dispute or PPI or penalty charges for being late etc etc

tell the story of the loan.

 

get an sar running to Tesco pers finance

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Got SAR from Tesco finance is there anything in particular I should look for?.

No reply from Cabot posted registered letter 04/06

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PPI Information

No information exists for this account

CC No. handwritten

===============

Last default payment September 2014

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no well let see what they do..

never use email for anything

bounce anything they send you back..

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first of all sorry i have left this so late, I haven't been well lately.

I'm intending to hand this in on Thursday

 

name the issuing court: Glasgow Sheriff Court House

 

Who Is The Claimant: Cabot Financial (UK) Ltd

 

Who Are the Solicitors: Nolans Solicitors

 

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

 

What is the claim for – [D1 BOX SPR FORM]

 

1.On 14/07/2011 the respondent entered Credit Card Agreement with TESCO PERSONAL FINANCE 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 DATE OF TERMINATION WAS 18/09/2014 The respondent failed to pay as agreed on demand and is in breach of contract with the said TESCO PERSONAL FINANCE.

 

2.The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 16/11/2016 and the Claimants have advised the Respondent of the same.

The last payment was made to account on 24/04/2014.

 

3.The said sum of £1525.19 is the sum sued for.

 

4.The Claimants have made frequents requests to the Respondent to make payment to make payment but the Respondent has refused or delayed to do so.

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM]

Date of Agreement:- 14/07/2011

Reference Number:- *******

Unpaid balance:- £1525.19

Repayment on demand

Date of Formal Service 14/11/2018

 

Last Date Of Service:- 29/11/2018

 

Last Date For Response:- 20/12/2018

 

What Documents are listed in Box E2:[or in your form requesting the same?]

1.No Defence- No evidence required.

 

2. No statable defence (Rule 4.4 breach)- No evidence required.

 

3. Defence on Prescription- Copy Statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.)

 

4. Denial of Agreement- Copy Agreement dated 14/07/2011

 

N.B. Generic Rule 8 Orders should never be issued.

The facts of each individual case must be considered.

It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led.

The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation.

Default notices should never be pled due to Omnia Praesumter Rite Acta Esse (Trustees of the Scottish Staff Pension Fund v Pattison & Sim. CISH 96 and Trayner's Latin Maxims. p419. 420)

 

Is the claim for ......an Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt? :- credit card

 

BOX D5 what has the claimant stated: IN FULL

 

The Claimants request that the court order the respondent to pay them the sum of £1525.19

 

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.:- assigned to...Cabot Financial (UK) Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No... I can't remember receiving Notice

 

Did you receive a Default Notice from the original creditor? Can't Remember.....

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

 

When was you last payment:- 24/04/2014

 

Why did you cease payments:- 24/04/2014

 

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....

Edited by dx100uk
format

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I see nolans are trying to be clever again by trying to intimate they don't need to produce any documents required under the consumer credit act to bring and win this claim...

nice try nolans..better luck next time huh..

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