Cabot/Nolans SPC - newday Aqua Card **withdrawn by nolans!**

[dx100uk]

if the card was taken out in 2015 it cant be statute barred

[dx100uk]

you've missed a couple of questions out from our link

 

service date

 

response date

please

[dx100uk]

good show

go enjoy xmas and new year

you need to respond [we will help you] see other SPC thread here by 31st jan.

 

there is nothing you need to do other than P'haps send an sar to newday

that might give you a better overall picture than what you might get out of the fleecers

but any info you get YOU KEEP TO YOURSELF, till its time to fire bullets.

 

you DO NOT enter into any comms with nolans or cabot without checking here 1st

 

if you use the search CAG box of the top red toolbar

type in

NOLANS

 

you'll get an idea of the stunts they WILL pull

do NOT fall for them

if you get any emails

bounce them back as unread/undelivered and block their email ad

 

infact if you look at the Nolan letters here already

you'll see the email used..block/bounce it now

 

just remember

SAR to newday

pop back here say second week in jan or something just to update

 

there is NO POINT in sending the response form back early.

[dx100uk]

its not imperative you get it before you have to respond

though by the rules they only have 30days now

what date did you send it?

if they've gone passed that [though bear-in-mind we did have the xmas break] p'haps ring them and ask.

 

but whatever you get in the sar you KEEP TO YOURSELF!!

 

so its not important to your response which is in the stickies here in its bare format.

 

don't forget you'll be sending a CCA request with the response form to cabots anyway and if they fail that, its pretty much fatal to their claim.

[dx100uk]

no.as said the sar is nothing to do with the claim, its to complete your records, should anything become useful for later if it gets that far ...

you do NOT miss sending the response pack back and copy to the claimant with a CCA request attached to their copy.

 

 

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

[dx100uk]

so response pack returned and copied to the claimant .

 

why not go ring newday and remind them of the sar and their legal time limit of 30days.

[dx100uk]

Well you object

[dx100uk]

theres another spc thread exactly the same here.

if they do I think the court write and give you 7 days to raise an IA and object

 

you object upon the grounds that the claimant has had the debt since [the date they first bought it]

 

raised the claim on [date] and clearly stating they HAD the agreement on the court form

it is obvious they do not and have mislead the court

 

they have already had xx mts to produce it

respectfully asking the sheriff to dismiss the case and issue absolivitor

[dx100uk]

from:?

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?479183-Nolans-Cabot-SPC-Claim-old-LLoyds-Loan&p=5177045#post5177045

[dx100uk]

ok lets wait and see

the actual orders usually come by post

[dx100uk]

is your electronic sign up included?

[dx100uk]

agreement must show the sign up?

scan it up to one multipage PDF please

read upload

[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

 

[dx100uk]

as post 21

 

[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

 

 

[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

[dx100uk]

ring the clerk 

ask what was wrong.

 

I think I know but not sure.

 

dx

 

[dx100uk]

Yes and proof of service

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

 

Dx

[dx100uk]

you have to serve the claimants too for any IA.

 

 

 

[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

[dx100uk]

ofcourse they'll object

in a way its all they 'can' do.

 

dx

 

[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

 

 

[dx100uk]

I asked if you had sent all of what I copied

so the answer is yes?

 

dx

 

[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??