Cabot/Nolans SPC Claim - old Cap1 Card debt

[DA11]

Hi all.

I had a credit card with Capital One for a couple of years and then my partner lost her job and I then got into a gambling addiction. I raked up this bill for over £800 during this time before I eventually cut up my credit card and managed to get help for my gambling. Since the start of the year I have finally started getting back on my feet again and have no problems with gambling and my partner is now back in a full time job.

I received this yesterday from Nolan’s solicitors regarding the debt to Capital One. I’ll be honest I have no intention of paying.

 

I have finally started getting back into financial stability and not having sleepless nights worrying about money and now this has came through and worried me again.

Is there any way out of this situation or will I end up being called to court over it?

Any help or tips would be greatly appreciated.

 

Also I am in Scotland so think our laws may differ from the rest of the UK.

 

 

 

[dx100uk]

whwn was this card taken out

and

last payment/use dates please

 

nolans are simply cabots mouthpiece

lots of threads here on them.

 

nothing to be worried about really

they haven't got a braincell between them .

[DA11]

I’m not even sure to be honest and I’m not sure how to find out. I can no longer log in to the online account.

 

I’d say it was last used roughly 2.5/3 years ago.

 

I’ve read a few other threads on similar matters and noticed you are very helpful dx.

 

Is there any other info I could find that would help here dx?

Not too sure how to find out things about the account now that I can’t log in.

 

Also I’ve noticed quite a few actually ended up going to court over this.

I’d rather get it sorted before it got to that point I don’t think I’d handle that well.

[dx100uk]

is this the first letter by anyone regarding this debt?

 

where are the letters from cabot and the previous notice of assignment that they have bought the debt gone?

 

have you moved since taking this card out?

 

dx

 

[DA11]

No I’ve had numerous from Cabot themselves with the usual they have tried to contact me, I have 7 days, final notice etc etc. I’ve just binned them all hoping it would go away really.

 

There is a possibility I have moved since I took the card out. Probably 90% certain. I moved house 5 years ago and I’m sure I got the card before then. Although I think I would have changed my personal details on my Cap One account to my new address if that makes any difference.

[dx100uk]

send cabot a CCA request

[DA11]

Sent first thing this morning cheers DX.

[DA11]

As I said previously a CCA request was posted to Cabot via Recorded/first class delivery on 31st August. 
 

I’ve had zero response since then until today when I received another letter from Nolan’s.

 

The letter is just them saying their client is willing to accept payment by installements and what I’ve to do if I decide to do that. Nothing acknowledging the CCA request.

 

Any further thoughts?

 

Sorry ignore that previous post, just noticed I have another letter and this time it’s from Cabot. 
 

They acknowledge my request but unfortunately they don’t have it on file.

They have requested it from the original lender.

They say it may take some time but they will write to me within 12 days with an update.

This letter is dated 9th September.

[dx100uk]

until/unless an enforceable agreement is found

safe to ignore

safe to stop payments if you were being cash cowed 

[DA11]

Update today, letter dated 21st October. I didn’t hear anything from them within 12 days of the previous letter which they said.
 

It includes my original credit agreement as requested in a CCA request on 31st August. The agreement was signed on 23/04/2014. Also in the letter there is a sheet with ‘Original Agreement’ header with my name and account number and then there is another one with ‘Default agreement’ header and the same account number under it.

 

It also says they are entitled to obtain a CCJ against me if I don’t come to an agreement with Nolan’s. I thought u couldn’t get CCJ’s in Scotland? Is this incorrect?
 

Should I still just ignore these at the minute?

[dx100uk]

decree in scotland 

 

read it properly doesn't say will anything...

 

scan it all up to one multipage PDF

read upload carefully please

 

 

[DA11]

Hope this works. These are the two letters which came with the copy of my CCA.

Letters sent with CCA 21-10-20.pdf

[dx100uk]

not interested in silly letter

 

the CCa return please

 

dx

 

[DA11]

Thanks again DX. I've uploaded the pages which they sent. Signed Agreement is two pages and this is the agreement I've actually signed. I've uploaded two pages which they also sent but this seems like it might just be a general agreement or something, I'm not totally sure.

 

Also the quality is not great, I'm not actually sure if youll be able to read this but that's because the copy they have sent is actually poor quality and a slight struggle to read to be honest. Not sure if you will be able to zoom and be able to read it. If not possible I'll try scan them again and see what I can do but not sure I'll be able to get it any better.

 

Signed agreement Page 1 & 2.pdf

[dx100uk]

thats pretty crap

you can forget other agreement 

thats simply a copy from Cabot filing cabinet of a blank agreement from somewhere

and THB i seriously doubt even the tickbox one IS enforceable IMHO, not proof of the IP address used etc etc.

 

you indicated earlier this was taken out during a time of gambling etc??

was your credit file shot with defaults then

and you had numerous other loans and debt etc etc

 

dx

[DA11]

No at the time it was taken out my credit rating would’ve been fine. This card was my first credit card and I wouldn’t have had any loans at the time. It’s only really from this time onwards where things spiralled.

 

Also I noticed my old address was used at the time I took this out. Not sure if this has any relevance but I recall you asked this earlier in the thread. 

[dx100uk]

so correct address for takout time?

 

[DA11]

Correct address at the time though I have since moved. Recent letters have came to my new address.

[dx100uk]

which they should.

as you can't get a backdoor judgement in scotland as court papers must be served person to person by sheriff officers.

[DA11]

I've had a look at my Credit Score and the account was defaulted 25th Feb 2019.

 

Should I just continue to ignore at the minute?

[dx100uk]

yours is not the next move

 

dx

 

[DA11]

Cheers Dx

[DA11]

Latest letter today.

 

Headlined ‘NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS’.

 

First paragraph: ‘Take notice that unless you make a payment of this debt immediately application may be made to the courts to issue a sheriff court summons against you’. 
 

Second paragraph: ‘If a claim is issued a court fee and costs will be added to the debt, interest may also be added. If decree or judgement is made against you this may make it difficult for you to get credit in the future.’

 

Other than those two paragraphs it’s just ways for me to pay etc.

 

Should I continue to ignore DX?
 

[dx100uk]

Read it carefully...doesn't say will anything.

but even if iT did you cant really prevent it unless you blindly start repaying..

 

there are numerous nolan spc threads here to read

use our search top right

[DA11]

That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute. 
 

Will search just now cheers.