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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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Name the issuing court: Glasgow Sheriff Court

Who Is The Claimant: Cabot Financial UK limited

 

Who Are the Solicitors: Nolans

 

What type of action? Simple

 

What is the claim for –

 

On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand.

The said agreement was an agreement under the Consumer Credit Act 1974.

The date of termination was 31/03/2017.

 

The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same.

 

The last payment to the account was 02/02/2017.

The said sum of £1778.81 is the sum sued for.

The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so.

 

Last Date Of Service:- 09/01/2019

 

Last Date For Response:- 30/01/2019

 

What Documents are listed in Box E2: Simply states

 

  1. No Defence – No evidence required
  2. No stateable 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)
     
    Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card
     
    BOX D5 what has the claimant state:

The Claimants request that the court order the respondant to pay the sum of .£1778.81

 

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. Debt Purchaser - Cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? I think so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

 

When was you last payment:- 02/02/2017 (according to the form)

 

 

Hi All,

 

Looking for some guidance and advice please, if possible.

 

Around 5 years ago I took out an Aqua Credit card.

 

Unfortunately, I was unable to keep up the payments and defaulted.

 

The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored)

 

I have now received a Simple Procedure Notice of Claim.

Any advice gratefully received.

 

Many thanks,

 

Pete

Edited by dx100uk
format

 

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First step, go give aqua a ring and find out the actual date of payments. Cabot dont enforce legit debts, and have been known to " bend the truth" to suit their own means.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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


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On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd

 

2013 dx


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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

 

service date

 

response date

please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Hi dx,

 

Apologies. Details are:

 

Last date of service = 9th Jan 2019

Response date = 31st Jan 2019

 

Hope this helps.

 

Pete


 

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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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi Guys,

 

Still awaiting a response from Newday Ltd regarding my SAR request.

 

Is there anything else which I can do in the meantime?

 

Thanks,

 

Pete


 

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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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx,

 

Thanks for the reponse and advice - it's much appreciated.

 

The SAR request was sent to Newday on 21st Dec - no response as yet.

 

I take it that I need to wait for them to respond before moving onto the CCA request?

 

Best regards,

 

Pete.


 

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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Unlikely to get one.

MIGHT happen so get your paperwork sorted.

 

Cabot love to try and get undefended cCCJ's.

 

If someone defends,

they either dont respond to the defence and get a stay or just let it run then dont turn up in court.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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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.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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They say that they sent the info to me (honestly never received).

 

They are going to re-send the documentation again!!!


 

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Have just received a letter from Nolans advising that they have requested that the case by "paused, as their client has received a Section 77 request".

 

That will be the request which I sent them (no response from them either yet).


 

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Well you object


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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from:?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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from:?

 

From the Sheriff Court. I ticked the contact me via email option on the form.

 

The email gives no other details.

 

ICMS-NoReply@scotcourts.gov.uk

 

This is an automated message, replies to this address will not be read.

If you have not requested this email, please contact the Scottish Courts and Tribunals Service on 0131 248 1848.

Alternatively you may email: CivilOnlineHelp@scotcourts.gov.uk

 

Notification:

Order of the Sheriff has been issued

 

Protect the environment...please don't print this e-mail unless you really need to

 

E-MAIL DISCLAIMER

 

This e-mail, and any files transmitted with it, are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify helpdesk@scotcourts.gov.uk. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Scottish Courts and Tribunals Service (SCTS). Finally, the recipients should check this e-mail and any attachments for the presence of viruses. The SCTS accepts no liability for any damage caused by any virus transmitted by this e-mail.

 

http://www.scotcourtstribunals.gov.uk


 

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ok lets wait and see

the actual orders usually come by post


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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