Cabot/Nolans SPC Claim - Newday Marbles Card

[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

 

 

 

 

 

 

[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.

 

[dx100uk]

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

 

[dx100uk]

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

 

dx

[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

 

[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

 

 

[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.

 

 

 

 

 

 

[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

 

 

 

 

[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

 

[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.

 

 

[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

[dx100uk]

so you follow post 4 in that thread?

 

dx

 

[dx100uk]

the clerk of the court will write.

 

till then watchout for willy waving emails from nolans. ...let us know of any.

that'll give you a good benchmark of their intentions..

 

i will suspect they will refer to your earlier phone call and resultant emails in/out as some form of admittance

but that doesn't detract from them having to comply fully with your form 07 response and CCA request of complete documentation disclosure.

 

here follows a hidden post which will contain the emails pdf you sent me which will only be visable to siteteam for their ref.

 

dx

 

 

 

 

..

[dx100uk]

be interesting to see if its a MBNA card or Aqua then

bet they'll not produce anything and the case will be dismissed.

 

go back and read that hamilton court PDF your attached earlier

that tells you everything you'll need to know.

 

it's only a CMC (Case Management Conference) anyway not a full hearing.

[dx100uk]

what date id the hearing

and what date were they to disclose

shame they have you email.

 

pers i'd send nolans ONE email 

if you haven't already??

stating that your email address is NOT to be use for anything to do with case xxxxx and their addresses have now been blocked 

 

else noland WILL push fake copy and paste filing cabinet documents out claiming they are 'real'  1 min before a deadline so you can never have time to respond.

 

dx

 

[dx100uk]

what does it say if the claimant fails please?

[dx100uk]

ring the clerks office tomorrow and say they have not filed and you want absolvitor issued at once.

[dx100uk]

you stick exactly to the wording in your defence.

but the 1st thing to bring up is nolans have failed to comply to the sheriffs orders regarding paperwork and like the sheriff, you have nothing from the claimant to even begin to be able to research the debt your way.

speak when spoken too only.

 

should be easily dismissed for that reason alone.

 

if it appears to be going you way, ask for the sheriff to issue an absolivor and get it killed dead forever.

 

 

 

 

[dx100uk]

well the minute the 7 days is up if nolans haven't complied then you get on the phone to the clerk and tell them and get the claim dismissed.

 

if they do comply download everything and pop it all up here.

 

you did state to nolans not to use your email anymore before yes?

 

[dx100uk]

you defend regardless

statements are immaterial and mean nothing.

 

scan up the rest to one multipage PDF

read upload carefully

 

 

 

[dx100uk]

On 20/08/2020 at 11:19, StandFirm11 said:

I requested to see the

Notice of assignment,

Default notice,

original CCA and

statement of accounts

 

to ensure it is enforceable in court as I have no way of knowing what agreement they are referring to without seeing the requested paper work.

 

The Sherriff didn't ask any further questions of the offer but asked Nolans about the documents, their response was "delayed". I asked to comment again and referred to the sheriffs order requiring them to provide the documentation 7 days prior to the discussion. Nolans requested more time and the hearing is set for October. Sherriff mentioned they would issue an interlocutor.

 

 

they have failed to supply what the sheriff ordered

i would be ringing the clerks office tomorrow and tell them they have failed to comply to the direct orders of the sheriff and you wish the claim dismissed and an absolvitor issued 

[dx100uk]

lack of default notice is FATAL to any court claim 

 

from my notes

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010
.
 For a creditor to enforce a credit agreement against the debtor, 
he must serve the latter with a default notice, 
this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).
.
 Generally, the prescribed form of a default notice according section 88 is as follows:
.
 "The default notice must be in the prescribed form and specify
.
 (a) the nature of the alleged breach;
 (b) if the breach is capable of remedy, what action is required to remedy it 
      and the date before which that action is to be taken;
 (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, 
     and the date before which it is to be paid."
.
 Section 127(3) of the Consumer Credit Act 1974
.
 Should the debtor be sued for the outstanding amount, 
it may be open to the debtor to raise an argument that the agreement is unenforceable 
because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.
.
 Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). 
Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.
.
 The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.
.
 In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

.................

 

as for NOA..

if it can't be proved under the law of properirs Act that Cabot own the debt 

they can't demand any money.

 

bit like your neighbour lending you a tenner, but he also owes his other neighbour a tenner so says well now go chase you for..

 

 

 

 

[dx100uk]

the uploads do not contain a NOA from the OC to the DCA Cabot

usual crap determination of the NOA rules from Nolans..... you need to be educating the sheriff upon the correct regulations surrounding the law Of Properties Act,

 

as for the DN, again ,, usual crap from Nolans, under the CCA, a DN must have be produced to litigate regardless to 'only wanting the arrears'...funny that, they've tried that before here and lost!! numerous times i'm sure. and ofcourse they ARE litigating for the full outstanding amount which are not just 'arrears'..

 

nice one Nolan's...

[dx100uk]

x's aren't helpful. dates please

 

and it work bothways, nolan's are also disclosing to you 1st as well

at present you are in the driving seat.

 

no NOA

No DN.

 

plenty of stuff here on sec 87/88arrears etc etc

you don't need a sols.

 

dates please

 

dx