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Cabot/nolans SPC Claim - old Tesco credit card

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https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland(1-Viewing)-nbsp

 

do as post 3 above after reading all the posts first.

 

copy to nolans

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Thank you....

copy to nolans???.. So fill out Blank SPR Respondance Form then photocopy and send recorded delivery to Nolans ASAP?

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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...


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Posted (edited)

Happy New Year everyone......

Got a Reply from court... see attachments (3)

 

number 3..

orders CMD.pdf

Edited by dx100uk
merge

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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.


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Posted (edited)

No....response form ... see attachment

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

sorry didn't mean to upload form unredacted....

 

fixed......

SPR Respondance Form.pdf

Edited by skoosh2
uploaded form with personal details

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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?


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Posted (edited)

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?


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Yes,.........all text that was in the .txt file was copied from the original interactive pdf, but for some reason there was missing text from box d1 when uploaded.

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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


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Got a reply from nolans...

I will scan the rest of the paperwork in the next day or two..

nolansreply.pdf

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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...


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do you want me to upload the rest of the paperwork I received?

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


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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
edited

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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

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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?


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this's what I received..... 30 page document; I've uploaded front page, page 1 and the last signed page

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

assignment.pdf

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


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thanks for your reply, I received (see upload)

 

I don't seem to have a Copy intimation of Assignment

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

nolans.pdf

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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


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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


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