Cabot/Nolans SPC Claim - Newday Marbles Card

[StandFirm11]

name the issuing court: Hamilton Sherriff Court

 

Who Is The Claimant: Cabot Financial UK Ltd

 

Who Are the Solicitors: Nolans Solicitors

 

What type of action? (Simple/Ordinary): Simple

 

What is the claim for –

 

1.On or around 26/06/2017 the respondent entered into a Credit Card Agreement with New Day Ltd under which the respondent borrowed from them a sum of money repayable on demand.

 

2.The said agreement was an agreement regulated under the Consumer Credit Act 1973..

 

3.The respondent failed to pay as agreed and is in breach of contract with the said NEW DAY LTD.

 

4.The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 09/01/2019 and the claimants have advised the respondent of the same.

 

5.The said sum of £1261.96 is the sum sued for.

 

6.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so.

 

D.4:

 

Date of agreement - 26/06/2017

Reference number: xx

Unpaid balance: £1261.96

 

 

date of raised claim [or court stamp date from writ] :- Not sure

 

Last Date Of Service [or from form 07]:- 09/03/2020

 

Last Date For Response [or from form 07]:- 30/03/2020

 

What Documents are listed in Box E2:[or in your form requesting the same?]

 

1. No defence: No evidence required

2. No stateable defence (rule 4.4 breach) - no evidence required

3. Defence of prescription: - Copy statement of account only  (agreement must be admitted to plead prescription. So agreement not required)

4. Denial of agreement:- Copy Agreement dated 26/06/2017

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Credit card

 

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

 

The claimants request that the court order the respondent to pay them the sum of £1261.96

 

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 (Cabots)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, I think so.

 

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 ? I don't think so

 

When was you last payment:- Not sure

 

Why did you cease payments:- I lost my job, had health issues and really got myself into a hole financially.

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I think so, but no formal arrangement. I think I missed a couple of payments and made them aware of my situation.

 

Hi all,

I've just came across this amazing site and have been reading up on some of the posts regarding Nolans/Cabots.

 

I may have came across this too late,

this is all new to me and the first thing I did when I got the claim form was to contact Nolans and put forward a without prejudice F&F offer of £400 as a relative was prepared to gift me the sum for the sole purpose of settling the debt.

 

I used a template from a site which states the offer was without prejudice.

Nolans have flat out rejected the offer and have asked for payment in full and will proceed.

 

Am I too late to defend this?

Have I prejudice my position by speaking with Nolans?

The last date for response is 30/03/2020.

 

I will post a CCA request to Cabots tomorrow enclosing £1.

 

Any help would be appreciated, thanks for reading.

 

 

[dx100uk]

...yes I laughed at that...

When did you enter into the original agreement before or after 2007? yes

 

…………...

 

newday don't do MBNA cards

so what is the card brand name not that it matters..

 

no you are not too late and hold your horse for rhe minute 

you have till 30th march before you have to respond so DONT DO ANYTHING

without checking with us first..

right well you've met nolans

biggest fleecers out there..

100's of threads on them here

 

just be aware they WILL pull ANY STUNT they can to intimidate and unsettle you during this game

which is what is a chess game.

 

they are 9/10 easily out witted IF you follow and only do what we say and when.

 

…..

so sit on your hands..

duck inline please first..

 

newday don't do MBNA cards

so what is the card brand name not that it matters..

 

do you have any of the statements please

any idea how much are these unlawful £12 fees for over/late/failed DD/it's raining today your fault ...fixed sum fees??

 

expand upon your history of the card please.

 

dx

 

 

 

 

 

 

[StandFirm11]

Haha, sorry, I was just eager to get all the info up here after finding the site and reading through the threads. Thanks for tidying all of that up for me and the quick response.

 

Yeah, I realise that now. Definitely no more contact with them and everything will be posted on here. I've dealt with paralegals in a past job with liability disputes so I know the kind of tricks they can get up to and it doesn't phase me as long as I keep myself right with the help of you guys.

 

The card is definitely MBNA, they even confirmed that on the phone. That is the only other credit card I have had and the balance matches my experian file. Is it possible they have just made a mistake and noted it as NEW DAY instead of MBNA haha? Judging by other threads nothing is impossible with these guys it seems.

 

I don't have any paper work, I buried my head in the sand and lost all paper work since I moved address. I'm sorry I can't really elaborate on the debt further. I'm sure it started as a £250 limit that was quickly increased to £1250.

 

I then fell into  financial difficulties after losing my job and put my family first over debt. It's starting to catch up with me now but I'll never regret that decision.

 

What should my plan of action be now? The only contact I have made is with Nolans following the claim form to put forward a F&F offer of £400 which was rejected. The was a gift from a family member to help settle it so I can't increase that offer at all.

 

What sickens is me is reading about how they purchase these debts by the barrel load for pennies then try to ruin peoples lives by pursuing them through the courts for the full balance.

 

Also through reading the threads it seems like in most cases they just hope you don't defend and they are granted an auto decree. They aren't even getting away with that now I found a really interesting read where Nolans have had cases dismissed even when undefended.

 

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018-sac-(civ)-12.pdf?sfvrsn=0

 

Sorry for the long post, find all of this very interesting now I read more and more into these fleecers.

 

Any advice just now would be appreciated.

 

I have double checked, the debt is with MBNA credit card however on the claim form they have it noted as NEW DAY LIMITED. They are nothing to do with MBNA, they have obviously made a mistake when issuing the SPC. 

 

Does that affect the validity of the whole claim?

Edited March 2, 2020 by StandFirm11

[dx100uk]

you phoned them

they'll agree with you it was a Tesco clubcard if you wanna give them free money..puppet on a string now is you..

 

how are YOU concluding this is an MBNA card debt??

they mention nothing about MBNA on the claim..

 

is there a 16 digit card number on the form 03 anywhere please? (dont want it just y/n)

this should be on your credit file too

go get it

tell me if there is a newday debt there and/or an MBNA debt there in cabot name please

if either defaulted date please from the summary too please

 

bear with me ....just answer my apparent silly questions for now please.

 

[StandFirm11]

Thanks DX, appreciate the help.

 

I looked into this a bit further, I think you're right they just agree to anything on the phone to get you talking.

This is for a Marbles credit card which was provided through NEW DAY.

 

This is showing on my credit file under CABOT now.

 

Sorry, I think the thread needs to be updated to NEW DAY now, my mistake.

[dx100uk]

have they put a 16 digit number on the form 03 anywhere?

 

[StandFirm11]

No 16 digit number on the form.

 

The only reference number on the form is in box D.4 but it's a 19 digit number.

D.4:

 

Date of agreement - 26/06/2017

Reference number: xx

Unpaid balance: £1261.96

[dx100uk]

which ofcourse has no ref at all the original marbles 16 digit card number I will guess?

 

dx

[StandFirm11]

I honestly think this will be the card number now I think about it.

If I remove the first three 0's of the reference number it leaves a 16 digit card number that resembles a CC number.

I just don't have any way to confirm it right now.

 

The settled account under Marbles on my credit report has no reference number and the Cabot entry under defaulted accounts also has no reference on the report.

 

Anything I should do right now?

Should I send off anything to cabot/nolans?

[dx100uk]

god no

don't pull the fleecers chain yet..

it amazes me that someone can blindly ring a fleecer and offer them money when you don't really know what the debt/card they are chasingis  and they don't either..but agree to part with money then they refuse...what muppets.. they could have fleeced you and ran...

 

see what I mean about how inept the whole debt selling industry is, and ofcourse not a penny anyone pay a dca goes of any original debt that the OC had they never see a penny of it...quick down the pub lads..this mugs coughed..

 

you might find this site useful.

https://www.bindb.com/bin-database.html

 

[StandFirm11]

I know, rookie mistake, just panicked. Glad I'm here now though. I know I can trust you will keep me right Dx

 

No luck with the website you linked there, saying not found when inputting the number.

 

Ok, so sit on hands just now. I haven't sent a CCA request yet though, just wondering when you think I should be sending that off?

 

The fact they declined the offer kind of worries me a bit also, I honestly thought they would have bitten my hand off. Makes me think they are confident they can succeed and have all the required paperwork? or they just think I'm a soft touch and will come back offering more?

[dx100uk]

they are greedy that's why.

nolans haven't got a braincell between themselves.

 

disregarding the 0's

what are the 1st 6 digits...

 

also.

 

shame like mostthey never bothered to say thank you.

 

dx

 

 

[StandFirm11]

I've read that thread, I really wish he had came back to update. I am assuming good news though, otherwise he would have been asking for help. I read a lot of these threads before I registered. You do a lot of good work here Dx, standing up for the little man!

 

The first digits are -......

 

This is obviously quite a recent debt, do you think the chances are high they can produce the DN, POA and CCA? Or is it a case of they buy in bulk and aren't ever able to obtain the DN?

 

The new SPC process looks like it just makes it so easy for them to fire out 1000's of claims forms and just hope none of them are defended.

 

Thanks

[dx100uk]

its called speculative or robo claims 

750'000 claimforms are issued every year

more than 85% are never defended or replied too (almost all being to old address because people think they can run away from debts when they move)

 

whereby everything is automictic, rubberstamped and no human checks anything.

 

I make no bets where nolans are concerned.

they never care that their costs eventually far outweigh the pursuit .

 

and no debts are never sold with any paperwork

you are but one line in a database of 1000's that put into the autothreat - 0 - gram PC system

which is why we always run them to produce everything.

hence if you look

the wording on their claimform keeps changing cause they keep meeting DX.

 

 

 

 

 

 

[StandFirm11]

Yeah, it really is quite sickening, they prey on people at their absolute lowest. The original creditors clearly don't want the bad publicity of pursuing these poor people so they all it on for pennies to these DCA's it seems.

 

Just reading throught the expenses pages, they are capped at £150 right for a claim of my value?

so looking at some of these other threads Nolans are clearly running up 4 - 5x that in fees in pursuit?

They must make a lot of money from the undefended claims then, wow.

Is there any risk of additional fees being awarded in the event this goes against me?

 

Sorry for all the questions, just really want to make sure I know where I stand for all possible outcomes here.

 

Also, sorry for the frequent posting, but when do you suggest I send off the CCA request?

I notice in some threads, some people send it off much earlier than I have.

Just wondering, want to keep myself right.

[dx100uk]

its a numbers game 

they make (well actually that diff to know as a decree much like a CCJ can sit there for years not bring enforced.

sad diff with a decree is its enforceable for 20yrs, but that TBH is rare.

a CCJ is very diff to enforce after 6 when each fall off you credit file.) money on all the defaulted ones mostly thru people wetting themselves and coughing up.

 

the dentist as you well know is far far worse than a courtroom, I quite enjoy them (pers done nolans twice now) and about another 10 with local s not lost one yet. cant remember here if we lost one don't think so, but we must be in the +20's by now if not more.

 

as for the CCA

i'm leaning at the present time in not firing off until the 07 form return.

i know its been done earlier but it seems better to create a stall with the 07 form which not sending the CCa till then seems to create.

it also doesn't play one of cards to early either

 

nolans recent fav trick (hi nolans)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Cabot-Nolans-Dumfries-simple-procedure-claim-old-JDW-CAT-Debt-resp-by-10-05-17&p=5024499#post5024499

 

 

 

 

[StandFirm11]

Thanks Dx appreciate the advice, I'm just going to spend my time reading up.

 

When do you think I should be looking to post off the 07 form? J

ust so I know when to start prepping everything.

 

This is obviously the first time I've ever done anything like this so a bit apprehensive and want to make sure I do everything right and fill it all out correctly.

 

Also because of my recent phonecalls and e-mails to Nolans, should I e-mail asking them for no further contact to be made with my e-mail under any circumstances?

 

Also, now I think about it they asked me to fill out a DPA questionairre when e-mailing them.

I'm worried now that they have tricked me into some kind of acknowledgment of their legal right to the debt?

 

Sorry if that is silly question, just thought I'd mention it.

 

 

[dx100uk]

not at all

none are silly questions,

but what I will say is that your excellent self help has far advanced your understanding of things

I really wish others would take that rouble as it make our life SOOOO much easier.

 

the form 07 needs to be with the court by the last response date - there's is no need to respond early.

our sticky you've found details how you will respond, I can see nothing special other than you've pricked my ears with regard to them not specifically  nailing down WHAT debt or card they are actually litigating on,

 

i'm toying with the idea of 'I have never held a card ref number xxx with any creditor let alone newday'.

its something that has p'haps never been spotted and p'haps have left previous Nolan victims open to their repeated comments in court responses of 'the defendant has admitted to ' ...whereas we always use 'I have in the past has financial dealings with (the OC)' .

 

as for the email,  we'll def deal with that as soon as their copy of form 07 drops on their doorstep.

 

but be advised, they WILL use this to their advantage... so expect wily waving to come your way which ofcourse you never respond too.

 

whilst on the email subject.

scan me to one PDF all the email in/out to date+atts and send it via a private msg to me please . just click my picture on the left.

I have a reason for this which is not for Nolan eyes...

 

dx

 

[StandFirm11]

Thanks Dx, PM sent.

[StandFirm11]

Had some persistent chapping at my door today with buzzer ringing, very out of the norm for a Monday afternoon. No note left or anything. I will update if anything further happens.

 

If this was anything else that was legitimate I would have been left a card/note or phonecall. I have suspicions it might have been a doorstep but can't be sure 

 

I will never answer my door to anyone unannounced so just a waste of time and money at their end if they are playing games.

[StandFirm11]

Hey all, so looking to start prepping defence return tonight.

 

Any advice about when I should send this?

I am worried about possible postal delays or even shutting of PO due to COVID-19. 

 

Can I still submit my defence online or via e-mail to the court?

I understand that I need to send a postal copy to Nolans because they ticked that in the claim form.

 

Also any thoughts about how this is going to impact cases over this period?

Had a look online and it appears scottish courts are limiting number of people allowed in the premises.

Assuming this will result in a big backlog and delays?

 

Last date of response is 30/03.

 

Thanks

[dx100uk]

sit on your hands.

 

not due for almost 2 weeks

I suggest you re read the thread from post 1 

you already know what and how you are going to respond.

 

 

[StandFirm11]

Thanks Dx.

 

So the response can be completed online and submitted online via .Gov.uk site? And then a paper copy sent to Nolans as they ticked "post"? Can I send this 1st class without proof of postage? or should I go for a signed for delivery?

 

Sorry for the questions, first time doing this, don't want to make any mistakes that give them a technicality.

[dx100uk]

as far as I am aware there is no online submission yet in Scotland.

you can send your CCA request off now if you wish to the claimant

as with the below form if you can get free proof of posting all the better.

 

as post 4 here:

 

 

 

[dx100uk]

hows this going?

dx