Cabot/Nolans SPC Claim - Old Newday Credit Card - Missed deadline now got decree

[Marymill]

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?

[dx100uk]

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

 

 

[Marymill]

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.

[Marymill]

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?

[dx100uk]

right

1st...not DCA can rock-up at your d oojr 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.

[dx100uk]

and?

 

dx

[Marymill]

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.

[dx100uk]

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

[Marymill]

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?

[dx100uk]

who says you owe anything?

 

 

[Marymill]

I owe it for a credit card debt.

[dx100uk]

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

[Marymill]

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.

[dx100uk]

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?

[Marymill]

I asked for help previously as I missed the time to pay deadline.

 

To cut a long story short my marriage ended before I dealt with the issue and I have been in a bad place mentally

 

Nolans sent a letter to my old address in January 2021 and my ex has passed this on as she wants it dealt with as she doesn't want anyone turning up at the door about it.

 

She has passed me a letter from Nolans which states

 

Cabot Financial UK Limited against You and states

 

'We refer to the above matter in which, as you know, we have obtained a court decree for payment of the sum of £1084.69 plus expenses.

 

This decree remains enforceable against you for 20 years.

 

Our clients have, however, instructed us to give you the opportunity of paying by instalments in an effort to avoid enforcement action against you.

 

There was an income and expenditure form attached which was supposed to have been returned by 27th January which was not done as I only just got the letter.

 

There is then a further letter which dated 23/02/2021 stating that I've not replied and in capitals states 'You are now on notice that failing agreement of instalment payments within 7 days we shall proceed with enforcement against you.

 

I have also been passed a Simple Procedure Notice of Claim for another credit card debt and am still within the time limit to reply to that one. It was not hand delivered though, just recorded delivery which the postman just posted through the door without getting a signature (presumably because of covid). Should I respond to this?

 

Should I complete the income and expenditure to come to an instalment agreement?

 

I lost my business due to the pandemic so am now reliant on universal credit until I get something sorted so it would be minimal.

 

Am I supposed to get something from the court to confirm the decree?

I did get a Notice of Claim about a year ago before I moved out but nothing since then and just wondered as their letter says 'as you know' which I didn't until they sent this letter. It also doesn't show a decree on my credit report, should it show there?

 

I also want to deal with my other debts before they get to this point as I'm trying to get my life back on track.

 

I'm not on good terms with my ex so can't ask if there have been other letters, should I just contact each DCA on my credit report as I can't remember who I had debt with?

 

My debt is a lot more than I realised it was. There's approx £50k showing on my credit report. I don't have any assets (2 HP cars but won't be paid off for another 3 years), 

 

would I be better looking at bankruptcy now that everything is starting to go through court as I have no realistic prospect of paying this back.

[dx100uk]

Lots to deal with here....

go start a new topic for the new spc claim and fill out the earlier questionnaire given here again for it .

 

as for the other £50k debts start a new thread for them all too and list them all.

 

now on to this successful decree.

you indicate you have no assets?

is the old home not jointly in your name?

[Marymill]

I'll post threads for those separately then and deal with the decree here as I appreciate there is a lot to deal with.

 

The old home was privately rented, we didn't own the house.

[dx100uk]

go ring the clerk of the court and ask if you can send in the below under SPC rule  5.3 c

 

 

time to pay rules 05-part-5[1].pdf time to pay form_5a[1].pdf

[Marymill]

I spoke with the court and they said I can send the form but couldn't tell me what, if anything, would happen if I do.

I read online that before trying to enforce payment they should be sending me a copy of the decision form. I haven't received this, should I be asking for it or entering into any discussions with Cabot just now? 

 

I also spoke with Stepchange who think bankruptcy may be my best option today but said I could apply for a moratorium for 6 months which would hopefully allow time for lockdown restrictions to be lifted and maybe get employment and have more options open to me.

[dx100uk]

1 hour ago, Marymill said:

I read online that before trying to enforce payment they should be sending me a copy of the decision form.

what decision form and from whom?

 

1 hour ago, Marymill said:

also spoke with Stepchange who think bankruptcy

 

as usual they havent a clue what they are talking about 

there is no such thing as  bankruptcy in scotland

its called sequestration 

[Marymill]

I think it would be a decision form about the decree from the court but maybe the letter from Nolan's is enough to confirm the decree was granted.

 

Sorry Stepchange did say that, I'm just more familiar with the term bankruptcy. So you think I should apply for a moratorium to all my creditors just now just to pause it while I decide what to do?

[dx100uk]

yes go do one to all your creditors then p'haps look at a DAS.

it is now extended to 6mtsd to under covid...good move

 

What is a Statutory Moratorium? – Advice Scotland

[AndyOrch]