Cabot/Nolans SPC Claim - Newday Marbles Card

[dx100uk]

stop doing nolans job for them...

there are numerous threads here in the same forum yours is in

 

 

no DN info to follow

 

dx

 

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments

https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments

default notice win 

https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/

 

[dx100uk]

go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment.

its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement.

but your was like all others, a single line in a spreadsheet. 

 

the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.

 

forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!

 

bedtime reading

particularly regarding default notice sec 87

https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630

 

read from about post 70.

 

as for the written submission.

i'll find an example later.

 

dx

 

 

 

[dx100uk]

You dont repeat your defence

Look at what i last posted 

 

you briefly make statements around those points...

focusing 1st upon what the sheriff ordered them to disclose and why they have failed each of his hurdles

and why each is important to their claim

 

Dx

[dx100uk]

refer to the sheriff wanting them and the Claimant has failed.

not that YOU want them.

 

then backup the importance of each these to debt enforcement in a short sentence of two.

[dx100uk]

the sheriff asked for the DN regardless of by what method, 

stop doing nolans job for them!

 

 

[dx100uk]

i'll pop back later 

pers i'd hold till you get theirs as you are supposed to both exchange with each other?

don't blink 1st!!

 

they will be in far greater trouble than you as they are supposed to be wonderful solicitors...NOT!!

 

as i said before NOLANS WILL pull every stunt in the book so be warned.

 

[dx100uk]

i'll run over what you have to date later.

sorry i forgot you sort of but no panic

 

dx

 

[dx100uk]

as they do

sadly they don't like DX...

 

they think you'll run away cause they can see things.

 

 

 

 

 

 

[dx100uk]

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

 

[dx100uk]

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

[dx100uk]

correct

 

 

[dx100uk]

working on a few notes for you now.

 

 

[dx100uk]

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 . 

[dx100uk]

how did nolans send theirs by email?

 

dx

 

[dx100uk]

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

 

 

 

[dx100uk]

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

 

[dx100uk]

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.

[dx100uk]

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

 

[dx100uk]

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

[dx100uk]

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.

[dx100uk]

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

[dx100uk]

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

 

 

 

 

 

[dx100uk]

AFAIK a default on your credit file is not proof a default notice was ever issued. there are many ways it can be marked defaulted which is why a defaulted date is important, i'e after 6mts of a default status (1,2 etc) being reported by the OC, if it got to 6 the CRA providers used to automictically mark a debt as 8 = defaulted but not enter a date as they can't.

 

a default notice letter issuance gives the original creditor the 'option' to mark your file as defaulted ...doesn't say when mind nor they will or have to.

 

however,

section 87/88 is clear in that a default notice must be issued using the correct format and contain specific information for it to be valid. Without producing a copy of the DN or evidence from the original creditor upon what is contained, how can these strict condition stated under the CCA be proved to have been complied with?? 

 

p'hapd we should have sent an SAR to newday, but, it's not for YOU to prove section 87/88 was/wasn't complied with, and anyway, if you did find such info, say in the account/comms log...you'd obviously keep it to your self

 

the claimant is duty bound to prove their case.

 

[dx100uk]

something i just spotted that gives you the idea of how to portray the story and write you statement

obv CPR is not scottish so replace with your 4a reply text for docs.

 

merge this with the above , and ref the rest of the court hearing stating each time the claimant has clearly been asked to produce the DN but has failed.

 

1st Draft - reviewed several statements 

 

I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated 

 

In The *******County Court

Claim No. *********

Between **********Claimant

and

*************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.

 

4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.

  

7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:

 

·         A copy of the Default Notice

·         A copy of the Notice of assignment

·         A complete set of statements detailing exactly how the debt has accrued detailing

·         All transactions

·        Any additional charges applied since the account was terminated

·         A statement  of all payments received.

 

The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.

  

 

8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.

  

9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:

 

·            Default Notice

·            Full statement of account

 

 

The claimant to date has failed to comply and disclose the default notice.

 

Conclusion

 

To date no Default Notice has been produced.

  

The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.

 

Mediation confirmed that the claimant could not produce the Default notice document 

 

Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.

 

 I **********, the defendant, believe that the facts stated in the witness statement are true.

 

 

Signed………………………….

Dated……………………………