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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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skoosh2

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


Illegitimi non carborundum

 

 

 

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Thanks....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


please don't hit Quote...just type we know what we said earlier..

 

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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


please don't hit Quote...just type we know what we said earlier..

 

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sorry I should have been clearer it is a credit card debt.

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No bother

Get your credit file please


please don't hit Quote...just type we know what we said earlier..

 

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Noddle credit report showing Date of default

18/09/2014

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ok good


please don't hit Quote...just type we know what we said earlier..

 

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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 …..penalty fees?


please don't hit Quote...just type we know what we said earlier..

 

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PPI Information

No information exists for this account

CC No. handwritten

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

Last default payment September 2014

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well fat chance of a CCA return then...


please don't hit Quote...just type we know what we said earlier..

 

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Also included are Tesco Clubcard Credit Card Application Form and the CCA

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no well let see what they do..

never use email for anything

bounce anything they send you back..


please don't hit Quote...just type we know what we said earlier..

 

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Thanks for your help. I see you are very busy helping on this forum.

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Just popped in to say not had any further contact yet.

Thanks for your help.👍

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Hi all, I have now received (form 6a) The Simple Procedure Notice of Claim form for the above.

 

Any help would be appreciated.

TIA.

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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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see pictures from my Tesco SAR report

IMG_20181218_160442.jpg

IMG_20181218_160528.jpg

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Name still showing on reports...uploads unapproved


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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..


please don't hit Quote...just type we know what we said earlier..

 

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Tesco were still showing info from my account with them after assignment date... see attachments.

IMG_20181218_194537.jpg

IMG_20181218_194632.jpg

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