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Marymill

Cabot/Nolans SPC Claim - Old Newday Credit Card - Missed deadline for time to pay, what happens now?

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Sheriff officers delivered me papers at my home address and my deadline to respond was the end of March.

 

Between the papers being delivered and the response deadline I had to close my business due to the government ordering my business type to close and amongst freaking out over how I was going to pay essential bills and food bill, I totally forgot about the deadline.

 

Now I'm worried about what will happen next?

I've not heard anything since the deadline but I suppose that might be due to the lockdown.

 

If I contact the court or Nolan now are they likely to allow me to request time to pay now?

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god no never contact nolans biggest fleecers out there..nor I will assume the claimant cabot?

 

can you fill this out please 

 

 

 

and we'll get you moving

 

 


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.

 

 

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Great thanks, I'll get that filled out.

 

I don't know if it makes any difference that I didn't accept the simple procedure notice of claim directly off the officers but I did confirm my name before refusing to take the envelope and closing the door on them.

When I shut the door they posted it through my letterbox.

 

The address on the notice of claim is not my address, it is actually an address in the next town from me that I have absolutely no connection to.

 

It states on the notice that the form was served at this unknown address but it obviously wasn't as I got it at my address.

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Name the issuing court: Hamilton sheriff Court

 

Who Is The Claimant: Cabot Financial UK Limited

 

Who Are the Solicitors: Nolans Solicitors

 

What type of action? Simple Procedure

 

What is the claim for –

 

1.On or around 27/01/2017 the respondant entered 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 1974.

 

3.The repondent failed to pay as agreed on demand 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 05/10/2017 and the claimants have advised the respondent of the same.

 

5.The said sum of £1084.69 is the sum sued for.

 

5.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.

 

Last Date For Service:- 10/03/2020

 

Last Date For Response:- 31/03/2020

 

What Documents are listed in Box E2: Simply states

 

 

  1. No Defence – No evidence required
  2. No stateable Defence (Rule 4.4 breach) – no evidence required
  3. Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required)
     
    Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card
     
    BOX D5 what has the claimant state:

 

The Claimants request that the court order the respondant to pay them the sum of .£1084.69

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? don't remember but probably

 

Did you receive a Default Notice from the original creditor? Again not sure but probably

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't remember

 

When was you last payment:- Around December 2018/January 2019

 

Does anyone know if courts are still going ahead with these cases at this time or is it likely they've not went ahead with it yet.

I haven't heard anything since this form was delivered and I'm worried debt collectors will just turn up at my door or do they have to notify me of the court ruling first?

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right

1st...not DCA can rock-up at your deeo and demand payment , even if the decree has been made by the court (which I doubt)

it doesn't turn a DCa into a bailiff and there are no such things as bailiffs in Scotland, so put those wrong ideas out of your head.

 

typical Robo claim by cabot/nolans, lots of like SPC newday threads here use our search top right.

 

go ring Hamilton sheriffs clerks office and ask the status of the claim and if you can respond today by email, you should be able too.

you'll ned the claim number to refer too.

 

comeback when you have spoken to them.


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.

 

 

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and?

 

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.

 

 

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I can't get any hold of anyone who will help just now as they're only dealing with essential cases right now.

I either need to wait until normal cases start to resume or contact the the debt collector.

 

I'm thinking it hasn't been dealt with at court because of the lockdown but don't know that for sure so don't really know what to do next.

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6 minutes ago, Marymill said:

I either need to wait until normal cases start to resume or contact the the debt collector.

 

who said that?

 

you can still email the sheriff's clerk AFIAK


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.

 

 

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I was told on the phone after eventually getting hold of someone.

They wouldn't even check anything, just said they will only deal with essential cases right now.

I'll try email then and see if I get anywhere with it.

 

Do you think I should set up a token payment in the meantime?

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who says you owe anything?

 

 


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.

 

 

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I owe it for a credit card debt.

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who says??

 

if you owed the money why didn't newday take you to court and crush you???
why did they sell the debt on for <10p=£1 to a powerless DCA ??

think about it..

 

might pay you to follow post 4 here

send it to the sheriffs clerk email for hamilton court

send a copy to cabot email too.

 

put response form 4a claim number xxxx

in the subject line.

 

if you want put a one line blurb in the email body

about not being at the served address until today as you were self isolationing elsewhere and have only just returned re covid-19

 

get a CCA request off to cabot too


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.

 

 

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Thanks, I'll get that sorted.

The served address listed on the form is not actually my address,

it's an address in the next town to me that I have never lived at or even heard of until I saw it on this form.

They've obviously just put the wrong address as the served address though as they did actually serve it at my address.

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urm that could be useful later too.

 

so prior to all this court stuff...

did you have any letters from cabot etc chasing?


have you moved since taking it out with newday?


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.

 

 

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