Cabot/Nolans SPC - newday Aqua Card **withdrawn by nolans!**

[Pete_the_Postman]

Found a letter from the court when I got home. I also phoned them this morning.

 

Quick summary of the letter:

 

the case has been "paused" as the Sheriff believes that the matter may be resolved via "Mediation".

 

Nothing further will happen unless a re-start request is received.

This can be done at any time by either party.

 

A detailed leaflet from The University of Strathclyde Mediation Clinic is enclosed, and you are encouraged to contact them.

 

If no settlement is arrived at it remains open to you to come back to the court to re-start the case and to seek a judicial decision.

===

 

I also phoned the court (prior to reading the letter) and was told that if the case is not re-started within 6 months then the Sheriff may contact both parties, and ultimately the case may be cancelled.

[Pete_the_Postman]

Finally got my SAR's info from Aqua!!!!

[dx100uk]

is your electronic sign up included?

[Pete_the_Postman]

No electronic sign up.

1: Credit Card Agreenent
2: All letters sent by Aqua
3: All letters received by Aqua
4: Statements from 17th Nov 2013 to 18th Jun 2017

5:  Account History

No sign up agreement. The Credit Card Agreement is simply a generic copy of their terms and conditions which anyone can download from their site.

[dx100uk]

agreement must show the sign up?

scan it up to one multipage PDF please

read upload

[Pete_the_Postman]

Original agreement now uploaded 

Best regards,

scan.pdf

Fyi: Still no response from Cabot regarding my Section 77 request, although Nolan's request for a postponement specifically stated that it was due to my Section 77 request.

[renegadeimp]

Nope. do not ask for another copy. Why would you want to give them another chance to get it right?

[Pete_the_Postman]

I suspect that I can complain to the ICO since part of the information they sent me is unintelligible.

 

My very limited understanding is that any documentation which they send must be legible.

[dx100uk]

topic tidied

ok that's a set of T&C's not a CCA.

 

if the fleecers don't do anything 

when the 6mths 1 day arrives wackin an incidental application wanting the sheriff to dismiss the case and issue an absolvitor.

 

and no not the ICO.

 

dx

 

[Pete_the_Postman]

Do I do anything in the meantime, or just wait until the other side reacts?

 

[dx100uk]

as post 21

 

[Pete_the_Postman]

Will do

 

Fyi: I received a bill this morning from Cabot for £90, for "legal costs".

 

They helpfully included various ways that I can pay!!!!

 

Needless to say, I will not be paying it.

 

Chancing gits that they are.

 

I will be more than happy to send them my bill.

 

[renegadeimp]

I'd be minded to put it in an envelope,  send it back to them with an A4 piece of paper with a big laughing emoji right in the middle of it

 

[Pete_the_Postman]

Received a letter today from Cabot advisng that they were unable to comply with my Section 77 request.

 

The letter states "This means that we are not permitted to obtain a judgement or decree against you in Court".

 

Do I do anything, or wait for a "cancellation of the court action" to come through?

 

Best regards,

 

Pete

[dx100uk]

that's just one of a set of std replies cabot use to a CCA request regardless to any court proceedings.

 

i'd send that to the email address of the clerks office now by a PDF attachment.with ref to your case number

advise you will be ringing in the morning.

 

ring them and enquire if you can 

send in an incidental application wanting the sheriff to issue an decree absolvitor 

https://scotland.shelter.org.uk/get_advice/advice_topics/complaints_and_court_action/what_happens_at_court/court_decisions

 

 

[Pete_the_Postman]

Hi,

Latest update is that I sent off the "Cabot Letter" advising that they couldn't take any further legal action as they could not meet the Section 77 criteria + a copy of my email to the Mediation Clinic / their response.

This was to help show willingness on my part to follow any suggestions of the court.

 

As per the Court rules I also sent a copy of the same info to Nolans.

The cheekie buggers then sent me an EMAIL (clearly they lifted my info from the info which I sent them) advising:

" We note that you have submitted a letter from our clients confirming that they are not permitted to obtain a judgement or decree against you in court but they can still request that you repay your outstanding balance.

 

There is a well known Authority in the High Court's decision in the case of McGuffick -v- The Royal Bank of Scotland plc (2009) EWHC 2386 where the Court determined the meaning of the word "enforcement" under the Consumer Credit Act 1974 and whether during the period of unenforceability any actions taken by a lender amount to enforcement contrary to Section 77 (4) of the CCA 1974.  

 

The Court decided in this case that the effect of unenforceability is that a lender's rights and a debtor's  obligation existed but  were not extinguished.   The demanding of payment, issuing of a Default Notice, threatening legal proceedings and bringing proceedings themselves did not amount to enforcement. 

 

As you are aware we have already produced a copy of the Credit Agreement.  

We have also produced and lodged in process annual statements from period 14th October 2013 to 16th October 2014.  

 

We are waiting for our clients to send us further statements post 2014 in order to fulfil the second part of the Section 77 to 79 request.

 

At the moment the case has been paused because the Sheriff considers that this matter may be resolved through mediation.  

We are hopeful that our clients will send us the information to fulfil the Section 77 request and until such time they are happy for the action to remain paused.

 

In the meantime, in light of the documentation that we have lodged in process, we will require  a note of your defence to the matter given the agreement has now been produced and  statements to period 16th October 2014 have been produced.      

 

The terms of the Order of the Court state that both Nolans and you are encouraged to contact each other to settle the case or narrow the issues in dispute. 

 

Our clients are happy to accept payments by way of an instalment plan for payments to be made which are affordable to you.  

Our clients may also accept a reduced settlement if you are able to pay a lump sum payment.   

In the circumstances we welcome any proposals that you may have.

We look forward to hearing from you.

"

I am pretty annoyed that:
A) They lifted my email address from documents supllied to them for information purposes, and proceeded to send me an email.
B) They consider that somehow sending me a bunch of statements somehow constitutes meeting the section 77 requirement
C) They lifted my email address from documents supllied to them for information purposes, and proceeded to send me an email.

Yeah, I know that points A & C are the same, but it's an important point. Mentioning it just once isn't enough

I am tempted to complain about the misuse of email for communicating with me + asking the Sherriff to restart the case again.

Yes/No?

Thanks in advance.

Pete

[dx100uk]

its a begging letter 

block and bounce their email address pete

you should have already have done this as a matter of course.

so what happened when you did the following I advised?

send that to the email address of the clerks office now by a PDF attachment.with ref to your case number

advise you will be ringing in the morning.

ring them and enquire if you can 

send in an incidental application wanting the sheriff to issue an decree absolvitor 

https://scotland.shelter.org.uk/get_advice/advice_topics/complaints_and_court_action/what_happens_at_court/court_decisions

[Pete_the_Postman]

I checked with the clerk yesterday and was advised that the documentation which I has submitted hadn't been processed yet as the case was currently "On Hold", and they had a backlog due to staff illness.

 

However, now that he was aware of the contents he would ensure that it was processed this week. The documentation contained the "Incidental Application " + letter from Cabot + email to/from Mediation Clinic.

 

I will check tomorrow that it has all now been logged, etc.

 

Thanks for all your help so far - it is much appreciated

 

Best regards,

 

Pete

[Pete_the_Postman]

Ok, latest update is as follows:

 

The Sheriff Clark Depute returned my Incidental Application Form advising "I hereby return your Incidental Application Form as this is not in the correct format under the Simple Procedure Rules. Please re-submit in the correct format, together with proof of service on the claimant."

 

The form was downloaded from their site. I have uploaded a copy of the submitted form, having first replaced any identifying data with ********** characters

 

I did not send a copy to Nolans.

 

Not sure what was wrong with the form?  I did sign the form.

 

Not sure what to do now. Any ideas?

 

Many thanks,

 

Pete

 

form---incidental-application.doc

Edited May 22, 2019 by Pete_the_Postman

[dx100uk]

ring the clerk 

ask what was wrong.

 

I think I know but not sure.

 

dx

 

[AndyOrch]

Probably because you have not completed the form in its entirety ...you must complete A-C

 

https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_9g.pdf?sfvrsn=6

[Pete_the_Postman]

Very true. That was not the form which I completed.  Mine was just a simple one page form.

I will completed and re-post.  Do I need to send a copy to Nolans also?

 

Many thanks,

 

I phoned and the clerk advised that he was unsure as he hadn't dealt with it personality.

 

Will fill in the above form and see what happens

 

Fingers-crossed.

[dx100uk]

Yes and proof of service

Free proof of posting for any mail can be gained at a po counter.

 

Dx

[AndyOrch]

I would assume the court serves a copy as the claimant must complete part D and return.

[dx100uk]

you have to serve the claimants too for any IA.