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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Cabot/Nolans SPC Claim - Newday Marbles Card


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as they always say

plenty of nolan threads for you to read here

 

you have used our search top right and typed in nolans and been reading up haven't you?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes, I've read almost every single one several times haha. Expenses are still capped to £150? I'm actually glad they have now brough the default notice issue on to the table. Now they have to answer to it.

 

This is the 2nd batch of documents sent with reference to caselaw for the lack of DN.

Section87caselaw.compressed.pdf

 

Any thoughts or help you can provide with this Dx? I'll probably need to submit my written submissions tonight or early tomorrow.

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Having just read what they state .

Not very strong from them sadly...

 

Just a load of ole bunkum trying to convince the sheriff the scots law overrides the necessities of the consumer credit act. 

 

The fact you had that email exchange earlier before your form 7 return is immaterial.

 

I also find it strange they still believe section  4 requires a respondent to admit or deny  a debt before they produce the required paperwork under the cca which of course they are supposed to do at claim submission and clearly stated on the claimform they held

 

p'haps andyorch will pop in on the Dont need a dn bit before we write you basic return tonight.. before our full one due on the 11th

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yeah, I think it's a bit waffly too.

 

The e-mail correspondence I think I have covered my self. I stated in bold it was without prejudice and if asked by the sherrif I will also clarify like you said that at that point I had received no evidence in support of their claim. I was an inexperienced layman panicking at the thought of going to court and simply trying to settle the matter without prejudice and without acknowledging anything. Now that the matter is going through court I'm putting them to task to prove their legal right to enforce the debt.

 

Hopefully there is room to let the sherrif hang them, the sherrif wasn't impressed with their arrears argument at the last CMD. It was almost immediately after that sherrif called for the hearing. I don't know if that's good or bad for me. Their comments on the DN issue seem very waffly, lots of assumptions. They are basically saying something along the lines of "well the OC issued letters for other stuff, so they must have issed the DN". I find it hard to believe a sheriff will accept that. And they have a cheek to comment on the quality of my defence.

 

About them saying now it's for arrears, if I'm understanding correctly...

 

- If it was for arrears only, then the OC would still own the debt and Nolans would be acting for the OC? (which isn't the case)

- It would also be for missed payments and not the entire balance?

- if Cabot claim to own the debt (which they do), then the debt must have terminated & sold and a requirement before doing so would be the sec 87/88 default notice from the OC?

 

It's a very important part of the debt selling process that they seem to think isn't necessary.

 

I appreciate all your help Dx

 

 

 

 

 

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correct

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

working on a few notes for you now.

 

 

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

the respondent has never admitted owing this debt outside of a previous without prejudice offer made by email. (add your bit in)

 

the claimant has included a copy of a generic deed from the original creditor covering a multiple debt portfolio purchase (as outlined in my defence) that is not a notice of assignment from the original creditor clearly stating the litigated debt has been sold to the claimant.

 

The respondent cannot intimate a denial nor admittance to claims made on form 4a as they are awaiting documentation from the claimant under a Section 78 CCA request or otherwise that the claimant clearly stated they held within their submittance on form 3a. Scottish Law does not overwrite nor remove the requirements under the consumer credit Act


4.4    What has to go in the Response Form?
(1)    The respondent must set out in the Response Form the following information:
(a)    which facts (if any) set out in the Claim Form that the respondent agrees with,
(b)    which facts (if any) set out in the Claim Form that the respondent disagrees with and why,
(c)    why the respondent thinks that the claimant should not get what was asked for in the Claim Form, or why the claimant should only get some of what was asked for in the Claim Form,
(d)    what steps the respondent has already taken (if any) to try to resolve the dispute with the claimant.
(2)    The respondent must indicate in the Response Form if the respondent thinks that there should be any additional respondents.
(3)    The respondent must list in the Response Form any documents, files, or other evidence that the respondent thinks support the response.
(4)    The respondent must list in the Response Form any witnesses that the respondent thinks support the response.

 

Promoloria RAM v Moore 2017 CSOH 88 is totally irrelevant to any proceedings and concerned a loan of some £14M, again this is nothing to do with nor would a loan of that value be ever covered by the consumer credit Act 1974.

 

The claimant can believe or make whatever assumptions they like as to what they think might have happened at the hearing of the 1st October, the respondent merely pointed out remembering having past financial dealing with the original creditor as intimated in my defence.

 

you have the default notice stuff to quote already.

 

add 
The claimant quotes section 87 and 88 of the consumer credit Act


sec 87 1 C clearly states a default notice must be issued to enforce any security. court action being such.

the claimant appears to be confusing the above with the need to only issue a Notice Of Sums In Arrears to claim only arrears. The Claimant is claiming the full outstanding balance not only arrears under the Agreement.

 

The credit agreement was terminated by the original creditor on or before sale . 

 

the Claimant cannot be a creditor so are not they able to Offer Credit, they are not registered as a Creditor with the governing body ...the FCA . 

  • Thanks 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Dx, you're a legend.

 

I'll get this knocked up in the morning and post here to let you see first.

 

The default notice stuff meaning from the draft I posted in post #68?

 

I meant to ask, so nolans haven't actually sent anything to me directly, they have submited a list of evidence (written submission) to the court. I assume this is their final written submission?

Should I still send this to them directly? or should I lodge it with the court?

 

Order states - written submissions exchanged by parties by 02/11

Final written submissions and evidence lodged to court by 11/11.

Edited by StandFirm11
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how did nolans send theirs by email?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes, to the court directly, but with a evidence court submission form attached which makes me think it's their final submission.

 

I wasn't copied into the e-mail and haven't received anything by post. I only came across it because I randomly checked the online portal.

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oh so they have totally ignored what they were supposed to do and that is exchange initially between yourselves to narrow issues, then make a final submission direct to the court by the 11th.??

 

dx

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes exactly they haven't sent anything to me and submitted a 10a List of evidence form with the written submission and docs I posted up here.

 

This is a copy and paste from the order

 

"The Sheriff, in Chambers, by way of teleconference call, having heard from parties, Continues the cause to 16 November 2020 at 10:00am as Hearing on submissions; Orders written submissions be exchanged between both Parties by no later than 2 November 2020; thereafter Ordersfinal Written Submissions, and any other documents either Party may rely on, be lodged with the Court no later than close of business on 11 November 2020"

 

I checked the e-mail that was also scanned up and it was sent directly to the court, I've not been copied in.

Edited by StandFirm11
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ok great 

they haven't a clue what they are doing then.

 

forget sending anything to nolans

forget sending anything to the court till the 11th stuff 'em.

 

go ring the clerk tomorrow.

 

watch the word i use please...

 

tell them that nolans have ignored the specific orders of the sheriff made date xxxx and have filed directly to court without first trying to narrow the issues which you were welcome to do.

 

they have also failed to forward to the respondent any of the documents intimated in their list of evidence

has the Clark got them please?

 

you see little point in the judge making orders if the claimant do not abide by them, what is he going to do about it please?

 

i cannot complete my submission due on the 11th until i have copies of ALL the evidence the claimant relies upon.

 

the claimant imho opinion and sorry for swearing is taking the piss here we have already had one hearing that they failed to supply and were given even more time to disclose, they still have failed to date please advise.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Great, thanks DX, will do that first thing.

 

I am sorry though I just double checked the 10a list of evidence form and it's actually a further submission of arrears/accounts suspended letters etc. No default notice nothing that complies with section 87/88, just waffle.

 

But, they have still e-mailed the court directly with the written submission and not copied me in or sent anything to me.

 

I know it's a small change of details, should I still ring the clerk?

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but you nor the court? have the actual documents in their list of evidence yet so where are they? 

they have now had 3 chances to disclose , they haven't.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

go through their written statement

list the productions they refer too like C1 C2 c3 c4

 

so those are the ones in the section 87 pdf.?

 

they still have not produced the default notice? ...sunk dead.

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

C1 - E-mails from me
C2 - Letter attached e-mail with WOP offer
C3 - CCA electonically signed
C4 - Statements of account
C5 - Intimation of assignment - Letter from nolans I posted in #47 (attached to CCA).
C6 - deed of assignement (post #56)
C7 - Copy of suspended accounts letters - Letters advise of arrears and missed payment for that month.

That's everything they have submitted in evidence 10a forms.

 

So still
- No NOA from OC
- No DN

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just to focus things.

i've put the deed and CCA return uploads here.

 

the deed ...the last page i will assume has a list of peoples debts that the deed covers (missed this)

the one not redacted shows a debt of the same value , what is the relevance of hamilton??

this looks like your debt, if it is

 

i'm not sure if a copy of the mass sales of debts under a porfilio covers their need for a specific document entitled 'notice of assignment.

 

however the letter with the CCA return is from Nolans , that certainly is not one

 

hopefully someone is going to pop in over the coming days to help.

 

i am also not happy with the fact hey have used your without prejudice email as an exhibit to court. 

 

dx

Marbles-Cabot-Nolans CCA return.pdf Cabot deed.pdf

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks Dx, Hamilton is is just the area/town. Yes, it appears to be my debt, I've just redacted my personal info.

 

Are you expecting a specific person to come in to help? it's just I think me and you are the only ones that have been posting here. I don't imagine a random someone else will now pop in and start offering help now.

 

Hoping to try and get this all put together today/tomorrow as deadline is Nov 11th. Any help would be appreciated as I expect them to pick apart anything I send as it likely won't be up to their "legal" standards.

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doesn't have to be upto any legal standard you are a litigant in person.

 

i would get a statement up here for us to be able to read/edit/help on.

main focus being the DN.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

On 04/11/2020 at 01:08, dx100uk said:

the respondent has never admitted owing this debt outside of a previous without prejudice offer made by email. (add your bit in)

 

the claimant has included a copy of a generic deed from the original creditor covering a multiple debt portfolio purchase (as outlined in my defence) that is not a notice of assignment from the original creditor clearly stating the litigated debt has been sold to the claimant.

 

The respondent cannot intimate a denial nor admittance to claims made on form 4a as they are awaiting documentation from the claimant under a Section 78 CCA request or otherwise that the claimant clearly stated they held within their submittance on form 3a. Scottish Law does not overwrite nor remove the requirements under the consumer credit Act


4.4    What has to go in the Response Form?
(1)    The respondent must set out in the Response Form the following information:
(a)    which facts (if any) set out in the Claim Form that the respondent agrees with,
(b)    which facts (if any) set out in the Claim Form that the respondent disagrees with and why,
(c)    why the respondent thinks that the claimant should not get what was asked for in the Claim Form, or why the claimant should only get some of what was asked for in the Claim Form,
(d)    what steps the respondent has already taken (if any) to try to resolve the dispute with the claimant.
(2)    The respondent must indicate in the Response Form if the respondent thinks that there should be any additional respondents.
(3)    The respondent must list in the Response Form any documents, files, or other evidence that the respondent thinks support the response.
(4)    The respondent must list in the Response Form any witnesses that the respondent thinks support the response.

 

Promoloria RAM v Moore 2017 CSOH 88 is totally irrelevant to any proceedings and concerned a loan of some £14M, again this is nothing to do with nor would a loan of that value be ever covered by the consumer credit Act 1974.

 

The claimant can believe or make whatever assumptions they like as to what they think might have happened at the hearing of the 1st October, the respondent merely pointed out remembering having past financial dealing with the original creditor as intimated in my defence.

 

you have the default notice stuff to quote already.

 

add 
The claimant quotes section 87 and 88 of the consumer credit Act


sec 87 1 C clearly states a default notice must be issued to enforce any security. court action being such.

the claimant appears to be confusing the above with the need to only issue a Notice Of Sums In Arrears to claim only arrears. The Claimant is claiming the full outstanding balance not only arrears under the Agreement.

 

The credit agreement was terminated by the original creditor on or before sale . 

 

the Claimant cannot be a creditor so are not they able to Offer Credit, they are not registered as a Creditor with the governing body ...the FCA . 

^^^^^ like

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks DX, I'll get something drafted up today.

 

Now they state in their written submission that they are claiming arrears. If I was able to find in my credit report an entry stating the default date. Would this be admissable? and should I go down this route?

 

This would challenge that their claim is actually for arrears, and would allow me to go on nicely to sec 87/88 where the DN is required if the debt as been terminated and sold.

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evidence from your credit file that states in the SUMMARY section

defaulted DAte = xxxxx

you can produce

 

AND ofcourse the resultant entry below that says outstanding or balance £xxx will be fatal to them.

and will prove a default notice was issued by the OC so they need a copy of it or proof it was sent from the OC to litigate under sec 87/88.

 

well thats the way i read it from years on here and numerous cases mostly in england whereby failure to produce a copy of the dN has been fatal to a claim many many times.

 

i am leaning toward you making your statement  'a brief timeline' statement as they have rather than only retorting to theirs.

might make the story and it's issued seem more focussed to sheriff.

 

did we ever SAR newday? sorry on a small screen ..out sheep herding

 

 

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I didn't SAR newday, no.

 

Do  you think it's risky looking into the credit file? as if a default is there, then could it also go against me and the assumption could be made that  as the debt has been defaulted on the credit file, it's reasonable to  assume the DN was also issued also?

 

The line of thinking was to trip them up. They say they are claiming arrears only, but if I can show a default date on my credit file, it may lead the sherrif to prompt further and ask why they have stated they are claiming arrears etc.

 

Also what is the real risk to me here, I don't want to consider losing of course but I need to understand the possible outcomes. I see costs are capped at £150, but they can ask for additional expenses etc in some cases which they no doubt will.

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