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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I don't see how we can move forward on that basis
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SCOTSMAN12

Cabot/Nolan SPC - admitted debt on Form 4a and paid - now they want court fees/expenses?

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Hi new to the forum. 

 

Looking for abit of advice regards nolans/Cabot simple procedure claim. 

 

Long story short debt I paid the figure owed and being claimed for only as I refused to pay an unknown expense figure at the time and didn't believe I should stump up for court costs when the case didn't reach court. 

 

nolans claim they have now obtained a decree for the expenses to the sum of 272.35. 

I have received a letter from them saying this and telling me to pay. 

 

Is this right and if they have obtained it from the court should I receive something more formal?

 

Nolans are so unprofessional and grudged paying them the figure being claimed and really dont want to pay the expenses. 

 

Just looking to see how I find out if these expenses has been ordered by the court or its nolans chancing their arm?

 

In read about a cap on the amount of expenses you can claim through a simple procedure and this figure in way above that cap.

 

Thanks 

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Hi and Welcome to CAG

 

I have moved your thread to the Scotland Financial Legal Issues forum......please continue to post here to your thread.

 

Regards

 

Andy


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Thanks Andy that's great very much appreciated 

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full story please

when did you pay this? [bad idea 99.9% of SPC's by cabot/nolans are bogus unenforceable consumer credit]

you say this didn't reach court?

so you have it in writing the decree was dismissed by the sheriff??

how have you been communicating with nolans..please don't say by phone or email..

who told you the case was not going before the sherrif and by what method?

I bet it was nolans over the phone?

did you ever send anything to the court or ever tell them you'd settled the debt or did nolans say they'd do that...oppss..fell for it..

 

can you fill this out please

 

scan up any paperwork you still have to ONE multipage PDF

read upload 

 

but in short and you are very correct to not trust nolans as far as you can kick them on ANYTHING!!

 

lets get your sort I absolutely hate Nolan and anyone that gets done over by them.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi dx100uk thanks for your reply. 

Will get paperwork uploaded when home and fill out the info in the link.

 

Full story,

received usual threatening letters etc for last couple of years. 

Now in a much better financial position as looking to get back on the property ladder after years if renting so decided to negotiate with the ones that came chasing and have successfully did with a number of them. 

 

Nolans are a different story. 

Wrote to cabot for credit agreement. 

Recieved this after a year. 

 

Now a year latter I get the simple procedure form in with response date etc and with a court reference. 

panicked abit as spent years getting back on my feet and improving things didn't want anything especially them to ruin it. 

The funny thing there is nothing on my credit file with regards this debt,

so my gut feeling was just to ignore it and it was bogus,

but as I had credit agreement I assumed if it went to court I wouldn't stand a chance,

 

paid the balance due the day before the response was due and informed the court. 

it has never gone to court they had informed me they would seek a decree for the expenses.

 

Yesterday I got a letter asking for the expenses and they have obtained a decree against me for it

there is nothing from the court stating I am required to pay this.  

 

Hate them with a passion and kicking myself for paying them in the first place but really just dont want them to take up anymore thought time.

 

My gut feeling is they are at it and if they managed to get a win for the expenses then would I not get something more official, then surely I get the opportunity to challenge the figure as in the original decree there were no figure against the expenses.

 

 

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If there's nothing registered on the following its a bluff...

 

https://www.trustonline.org.uk/

 

But they are allowed to request judgment for any unpaid balance/Fees...what date was this claim ?

 

Andy


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Hi Andy,

 

Thanks will gives this a check.  Think I am questioning it as right away they are looking for a payment plan.  If court has award this figure I was expecting something in from the court saying I have to pay cabot this figure.  

 

Thanks 

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Pay nothing until you have checked the register or the court instructs you.


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paid the balance due the day before the response was due and informed the court. 

 

how did you inform the clerk of the sheriff please?

did you ever return the response pack?

 

they couldn't have gotten a NEW decree for just the expenses

I will guess they informed the clerk you had paid the 'debt' but not full amount claimed

as you didn't return the response pack the degree was granted 'rubber stamped' by default for the outstanding expenses sums owing

hence they are saying 'expenses' now as that is the outstanding sum of the degree

 

the above example is the only very remote way nolans could be correct.

 

for future readers...don't blindly pay-off outstanding debts because you think you have too..it make no difference to your credit worthiness.. 

 

 

 

 

 


 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Response pack returned and emailed to sherrif informing the court I was settling with the client prior to the response date on the form.

 

Understand that they could have went for a new decree for the expenses but if they have should I not get something more formal than a letter from them? 

 

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correct

can you scan up your reply form too please

 

yes ofcourse you would have gotten a new claim just for the fees IF that's what they did.

 

however if you agreed on any part of the original reply form you did owe any/some of the claim, it is sadly admittance to all of it.

i suspect you did this .


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Think you're right, by settling the claim it would look like I am agreeing to pay the expenses also. 

Cant see how I can admit to an unknown figure. 

I paid the figure which is stated as owned as per the credit agreement.

 

To be honest I think they are changing the figure and that is what I want to challenge

yes I understand if I have ticked the box to settle the claim I have admitted it but I never admitted to the expenses and if they have went for a decree for the expenses only should I not get the opportunity to contest the figure claimed? 

 

Just dont want them getting another penny from me. 

I have nothing from the court with regards to this figure so my thinking is if I ignore their request they will go for a decree for this figure they are requesting

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we need to see the letter and a copy of the form 4a you returned

I suspect you ticked c1 then mistakenly only paid the sum of the debt in d5

as said before you admitted the claim, you cant partially admit a claim.

all Scottish claim are automatically subject to fees which the court set...as long the claimant ticked box D5


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok no worries.  Will get it uploaded soon as I am home.

 

That sounds the case and fair enough, going forward how do I know this is the expenses set by the court as I was under the impression they are capped and for the figure I paid would be 10% of the value claimed.  The expenses they are looking me to pay is well over this.

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exactly

never trust nolans

 

quite why they are writing is beyond me

 

you were served the SPC personally by sheriffs officers weren't you?

walker love or yule and friends?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Not a nice company to deal with at all and very sneaky by the sounds of it.

 

This is what I find strange if it's from the court then should it not be them telling me this is the amount of expense being claimed.

 

No just sent through the post with reference to my local court.

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Upload a copy of the claim form and a copy of the begging letter (redacted )


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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this wasn't par chance a warrant of reserve was it as the original court was the wrong one or the original serving address was he wrong one was it.

wont mean a thing to anyone else mind as to why im asking this unless it was.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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and?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry been away for work.  Just received another letter today as I had not responded to the previous request of paying the expenses. 

 

Letter again asking for payment in installments and if I do not reply they will go ahead with enforcement.  

 

 

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can we please see all these nolan letters

one pdf file only for all

read upload

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No problem will try upload them tonight. 

 

They are standard letters asking for payment in installments, there seems to be nothing official being served by the court for this amount they are claiming. 

 

There is also no decree on the trust register so they have not obtained a decree for the expenses, so this is the question I have, I have settled the amount requested in box d5 which was 1739 with no mention of expenses. 

 

The expenses is only mentioned later on in the form where it says if the claim is successfully do you want the court the award expenses.  Based on the cap the expenses awarded would be 10% of the figure being claimed.  The figure I am being asked to pay is 277 so assume that they are at it. 

 

I have asked then to provide me with a copy of the decree and evidence these expenses were awarded by the court.

 

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