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Cabot/Nolans SPC Claim - Newday Marbles Card


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No update, seems all non urgent cases adjourned here in Scotland.

I returned the response form on time and also issued a copy to Nolans.

Nolans office is also closed.

 

What's your thoughts about this whole situation?

Do you think it will just be a return to business as usual and they work through the backlog of cases at the court?

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so you follow post 4 in that thread?

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 4 weeks later...

Still no update, but I know now that Nolans are up and running and open again.

 

I'm a bit concerned at this new process of remote hearings which seems to be being rolled out.

Will this be a disadvantage to the average consumer?

 

Looking through previous cases, it appears most of the success comes from defending and having these dodgy firms run up costs in attending hearings and ultimately just giving up as they end up spending more in costs than it's worth pursuing.

 

Based on what I'm seeing they can now attend the hearings from their windowless city basements at close to no cost to them I assume.

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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

 

 

 

 

..

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 1 month later...

I checked for an update this morning and there's a case management discussion being arrange for around 4 weeks time.

 

This is going to take place over the phone and the sheriff has ordered the claimant produce:

 

The claimant is ordered to lodge the following documents 7 days prior to the case management discussion:

1. Original contract

2. Invoices of assignation

3. Statement of account

 

any advice?

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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.

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 4 weeks later...

Hey again,

the case management date is approaching soon.

 

There has been an update on the Scot Civil online portal which is Nolans confirming the name and details of the solicitor that will be attending the CM discussion.

 

They haven't lodged the documents ordered by the sheriff.

I assume they will do this at the last minute.

 

Just looking for some advice about what to expect here and what to say?

I have been reading through other cases and I think the best thing to do is let the sheriff lead and not to be too talkative?

 

Sorry first time for me so a little bit nervous, want to make sure I act appropriately.

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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

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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it's a case mangement discussion on 20/08. The sherrif order on the civil online portal says

 

The claimant is ordered to lodge the following documents 7 days prior to the case management discussion:

1. Original contract

2. Invoices of assignation

3. Statement of account

 

Does this mean they have to lodge it through the online portal? Or can they just dump them to my e-mail at the last minute?

 

I will send an e-mail to Nolans now confirming the e-mail address has not to be used.

 

Also this does not mention them having to provide the default notice, should I raise that at the discussion?

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what does it say if the claimant fails please?

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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It doesn't say, that's all it says in relation to the documentation. I have copied and pasted from the order.

 

It's possible they have submitted today and the portal will be updated tomorrow.

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

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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I have been trying to get through to someone but seems they are only accepting written correspondence just now due to limited staff and covid. I sent an e-mail through to them but nothing back yet.

 

They still haven't lodged any of the documents requested by the sherrif.

 

The CMD is tomorrow so I need to make sure I'm prepared because I've never done anything like this before.

 

How long do these things usually last?

 

I'm assuming I just stick to my defence, if questioned I should advise that I vaguely recall having dealings with NEW DAY in the past but can't recall any specific agreements which is why i've requested the documentation?

 

- Section 87 requirement for default notice

- Copy of original signed CCA

 

and don't let Nolans try to bypass the requirements to provide this?

 

What kind of tactics can I expect from Nolans here? Is there any advice you can give me?

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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.

 

 

 

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hey Dx

 

Just had the discussion.

It only lasted a few minutes.

 

Nolans sent me an e-mail (copying in the court) 1 minute before the discussion (I laughed) with my e-mails of a settlement offer claiming that this is an admittance of the debt.

 

Nolans started the discussion by referring to this, I asked to comment and advised the offer as stated on the letter was without prejudice due to panic and stress of never having anything like this happen before and that I request 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 and interlocutor.

 

Can they just rely heavily on my e-mails as an admission. I don't think it's unreasonable (I know now it's stupid) for someone who is naïve about the process to make a without prejudice offer initially regardless of liability to make it go away. I would think they still need to provide the documentation to show that they have a legal right to enforce the debt?

Any advice?

 

They have formally submitted my letter of offer as evidence of admittance.

It now appears on the civil online portal.

The letter states clearly in bold "without prejudice".

 

I've been reading a bit into this is what I am seeing "Without Prejudice (“WP”) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission."

 

Can I confidently assume I've covered myself here?

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