Cabot/Nolans SPC - newday Aqua Card **withdrawn by nolans!**

[AndyOrch]

Yes....

 

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).

[dx100uk]

wasn't always that way

changed with the spc rules of 2016.

also, staple a copy of the cabot no cca letter to the courts copy.

dx

[Pete_the_Postman]

It's been just over a week since I re-submitted my Incidental Application, this time using the official form.

I also stapled a copy of the cabot no cca letter to the courts copy as suggested above.

Will check on Monday that all is ok.

In the meantime Nolans have sent me some more  credit card statements.

 

Will keep you advised, and once again many thanks for your help and guidance on this one.

 

Best regards,

 

Pete

[Pete_the_Postman]

Checked with the clerk and was advised that the Incidental Application was received ok, but that Nolans had "objected".

Stil a couple of days of the window to go, after which it will be reviewed again (?)

 

[dx100uk]

ofcourse they'll object

in a way its all they 'can' do.

 

dx

 

[Pete_the_Postman]

Hi dx,

 

Latest info is:

 

"The court has received an Incidental Application from the respondant". That will be my letter from Cabot advising that they cannot legally proceed with the case.

"The Sheriff has received an objection from the claiment to the Incidental Application".

 

I have now received notification that the sheriff has ordered the case to be restarted.

 

 

[dx100uk]

claimant not ent...

 

can I confirm the following was included in your initial response form

 

 

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

 

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant avers in its particulars that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years

 

 

[Pete_the_Postman]

claimant not ent...

can I confirm the following was included in your initial response form

None of the below were received by me.

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

Nolans have sent a number of statements, but not the complete set.

A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant avers in its particulars that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

Can I re-submit my D2 form again?   Section 77 request was sent to Cabot and they advised that they couldn't fulfill it.

A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years

 

Many thanks for your help re this. It is much appreciated

[dx100uk]

I asked if you had sent all of what I copied

so the answer is yes?

 

dx

 

[Pete_the_Postman]

Hi dx,

 

I double-checked and none of the below has ever been received by me:

The Signed Consumer Credit Agreement

The Notice Of Assignment

The Default Notice Issued By The Original Creditor Under CCA 1974 Section 87/8

 

When I submitted the Incidental Application, I enclosed a copy of the letter from Cabot advising that they couldn't comply with the Section 77 request. I also requested the sheriff to issue an "decree absolvitor" as a result.

Nolans have ojected to this application.

 

Still hoping that Nolans give up

[dx100uk]

3rd time..

you are missing what i am asking..

 

Was the text in post 59 included in your original reply form to the claim??

[Pete_the_Postman]

Hi dx,

 

Apologies - I misunderstood what you are asking.

The answer is "YES".

 

in D2 enter:

. The claimant avers in its particulars that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years

 

I actually copied the info from a previous link you supplied.

i.e. https://www.consumeractiongroup.co.uk/topic/402263-what-to-do-simple-prodedure-rule-claims-scotland/

 

in D1 enter the following : [by copy and paste from here]

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim & welcome any assistance the sheriff can give me.

 

1.6(9)

When appearing against a party who is not represented, or who is not legally represented, representatives must not take advntage of the party.

 

1.6(10)

 

When appearing against a party who is not represented, or who is not legally represented, representatives must help the court to allow that person to argue a case fairly.

 

..i expect the claimants' representative to employ the above.

..........

 

The Claimant is a well known Debt Buyer or Debt Collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to litigate against their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act or are as a result of inflated sums due to penalties and or interest levied upon them that are unfair & unlawful under FCA regulations.

 

It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. They then issue claims to circumvent and claim the full amount of debt to maximise profit.

 

According to s.189 of the consumer credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

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.

 

The Respondent puts the Claimant to strict proof to provide copies of all documentation they must produce under Scottish law that confirms they are able, legally, to enforce and bring this claim to court .

 

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand/Recall Notice and Notice of Assignment.

© Provide a breakdown of the excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

The court will be aware that penalty charges and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant has averred on their Claim Form that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last XX years.

..................

 

Obviously, I inserted the dates, etc where applicable.

 

Hope this makes sense.

 

 

[Pete_the_Postman]

Just received a 20+ page document fron Nolans as part of their submission arguing that that "the evidence contained within the First List Evidence, the respondant should not be entitled to absolvitor".

 

The remaining document is simply a copy of the Consumer Credit Act 1974.

 

 

 

[dx100uk]

the act?

thats huge

do you mean the cca response or lack of it they already sent?

 

scan it up one pdf file only please

[Pete_the_Postman]

It is quite literally a printed copy of the Consumer Credit Act 1974 (22 pages in total).

 

Will upload a copy of the first page tomorrow when I get access to a scanner.

[Pete_the_Postman]

Hi dx

 

First page of document enclosed.

 

 

SCAN.pdf

[dx100uk]

oh well whatever quoting all that that is going to help them im clueless ...

but then that's nolans second name anyway

[Pete_the_Postman]

Apparently my case has been paused again as the Sheriff believes that madiation is the best way to resolve things.

[dx100uk]

who's this from?

 

dx

 

[Pete_the_Postman]

Hi dx,

Apologies mate. I didn't see your posting.

The Sheriff has paused the case again pending the outcome of mediation.

Haven't received any further updates yet or correspondance yet relating to this, other than the letter confirming the pause.

[dx100uk]

have you a date?

 

[Pete_the_Postman]

No.  Nothing as yet. 

Apparently somebody will be in touch shortly from the "Mediation Clinic". 

Until then, the case has been paused by the Sheriff for 6 months.

[dx100uk]

so what happened ..please update us

 

dx

[Pete_the_Postman]

Apologies for the delay. Didn’t see your post.

Case was paused  and has finally been withdrawn as they were unable to comply with my Section 77 request.

Many thanks for your help and guidance. It proved invaluable.

[dx100uk]

what do you mean by withdrawn?