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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Cabot/nolans SPC Claim - old Tesco credit card


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I wouldn't waste money on them no...

1st class with free proof of posting from the PO counter will do.

 

you now need to use the search CAG box of the top red toolbar

 

cabot nolans SPC Claim.

 

then you'll understand why nolans are the sneakiest snake in the grass toward Scottish debts...

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...
  • Replies 56
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multipage pdf done for you above

 

can I confirm your response form contained the following:

 

It is admitted with regards to the respondent once having financial dealings with [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.

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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so why did you not copy and paste properly?

 

you sent one to nolans by royal mail

you must have printed that off?

is the full d1 text on that?

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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for some reason some text was missing from response form copy...

 

here's is the original with my details missing

 

hopefully this works....

---------------------------

 

all the text is in box d1 but for some reason when i upload the pdf some text is missing... i have copy and pasted text from d1/d2 and uploaded it as a text file see latest post.....

responseform.txt

Edited by dx100uk
merge
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so, back to post 30

 

did the sheriff get to see that sentence 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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  • 3 weeks later...

Re. my reply to court and claiment....

Question from court....The respondent is ordered to write to the claimiant at least 14 days before the date (14/2/2019) of the case management conference to clarify these issues:

* Does the respondent accept that he entered into an agreement with TPF and that he is in default in respect of that agreement?

 

could i have help with the wording for this reply or will I just say yes x 2...

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post 30

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...

load of cobrers and Nolan know it.

 

there a letter here from them on an earlier SPC claim whereby they state totally the opposite with regard to a default notice:

 

as our client are only seeking the arrears under the agreement a default notice is not needed....MAKE YOUR MIND UP NOLANDS..which is it??

 

little tip ..YOU NEED THE DEFAULT NOTICE TO LITIGATE on any value..read the consumer credit act...

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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if you wish..doesn't remove the fact they've no default notice...

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...

Update.. futher on from my 14th Feb. meeting at court, I have now received an Incidental Order Application>>>

The Simple procedure Incidental Orders Form

---------------------------------------------------------

 

C1. what orders would you like the court to make?

-----------------------------------------------------------

BoxC1.

*******************************************************************************************************

1. To discharge the hearing fixed for 11th march restricting the issue as to whether or not the debt has been properly assigned.

 

2. To grant Decree against the Respondant together with expenses.

*******************************************************************************************************

 

C2. why should the court make these orders

--------------------------------------------------------

the party making the application must set out why the court should make the orders asked for.

Box C2.

*********************************************************************************

DETAILS TO FOLLOW TONIGHT

--------------------------------------------

 

 

**********************************************************************************

Edited by Andyorch
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so trying to totally hide the fact they have no default notice which is fatal to their claim...

 

that's nolans for you.

ofcourse you object poss via an IA yourself.

Edited by Andyorch
edited

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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further information

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

 

relevant rules

=========

 

9.10 How can a party ask the sheriff to make any other orders?

*************************************************************

(1) A party may ask the sheriff to make any other orders by sending an Incidental

Orders Application to the other party.

(2) That party must at the same time send the court a copy of the Incidental

Orders Application with evidence that it was sent to the other party (for

example a postal receipt or a copy of an email).

(3) If the party who has been sent the Incidental Orders Application objects to the

proposed orders, that party must send that Incidental Orders Application to

the court within 10 days of it being sent, setting out that objection.

(4) After considering the Incidental Orders Application, and any objection that

may have been sent, the sheriff may do one of three things:

(a) grant the application, and send written orders to the parties,

(b) refuse the application, and make no orders, or

© order the parties to appear at a discussion in court, where the sheriff

will consider whether to make any orders.

-------------------------------------------------------------------------------------

 

20.6 How can you ask the court to consider other applications about provisional orders?

****************************************************************************************

 

(1) A party may make any other application mentioned in Part 1A of the

Debtors (Scotland) Act 1987a

or Part 1A of the Debt Arrangement and

Attachment (Scotland) Act 2002(b) by sending an Incidental Orders

Application to the court, the other party and any interested person.

(2) An interested person may make any other application mentioned in Part 1A

of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and

a 1987 c. 18 Part 1A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act

2007 (asp 3), section 169.

 

Attachment (Scotland) Act 2002b by sending an Incidental Orders

Application to the court, the parties and any other interested person.

(3) When the court receives such an Incidental Orders Application, the sheriff

must order every person to whom the application was sent to appear at a

provisional orders discussion in court, where the sheriff will consider

whether to make any orders.

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

also got a letter this morning from court Re. next hearing...it states...

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

 

*The only disputed issue in this proof is whether the debit has been assigned from Tesco to the claimants*

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

incidental.pdf

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so without me trawling thru..have they sent a copy of the notice of assignment both ways?

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

Thats not a Notice of Assignment...thats the portfolio sale from Tesco to Caboot...has no connection to your debt.

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 OTHER

 

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seem.?

scan up what they send back that you related to all the 30 pages please

 

probably called notice of assignment not intimation

should be 2 sheets.

one from Tesco, one from cabot

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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Scottish Law DX thats what we call a Notice of Assignment ( Intimation of Assignment) either way they have not disclosed it

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 OTHER

 

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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yea of course I understand that but I doubt cabot do hence the title of the letters they would have sent and skooch not able to find one entitled intimation. bet they are there sadly

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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Unlike notice of assignment (which is not necessary in order to create an equitable assignment), an assignation must be intimated before it creates a security interest in the asset.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?270695-Assignation-and-Intimation

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 OTHER

 

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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