Cabot/Nolans SPC Claim - old Cap1 Card debt

[honeybee13]

You've reported this thread, I imagine you wanted it reopened?

 

HB

[DA11]

Yes, thanks. Update to follow.

[dx100uk]

please complete this:

 

You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017** - Scotland Financial Legal Issues - Consumer Action Group

[honeybee13]

We're all ears.

 

HB

[DA11]

Received a ‘Simple Procedure Notice of Claim’ today. Interestingly, I was in the house at the time it was delivered but nobody knocked on my door. It has a Royal Mail ‘Signed For’ label on it yet nobody knocked on my door, it was just simply put through the letterbox. It was quite heavy so I heard it coming through the door right away.

 

Name of the Claimant ? Nolans, on behalf of Cabot Financial.

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25/06/21

 

Last date for a response is stated on the form as 24/08/21.

  

Particulars of Claim

 

What is the claim for – 

1.The defender resides as stated in the instance and has so resided for at least 3 months immediately preceding the raising of this action. Defender is domiciled as in the instance giving this court jurisdiction in terms of statute. To the knowledge of the pursuer there are no other proceedings pending before any other court involving the present cause of action between the parties nor does any agreement exist between the parties prorogating jurisdiction over the subject matter of the present cause.

 

2.On or around 29th April 2014 the respondent entered a CCA with Capital One under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974.

 

3.The date of termination was 25th February 2019. The Respondent failed to pay as agreed on demand and is in breach of contract with the said Capital One.

 

4.The said supplier assigned all rights in the said debt to Cabot Financial UK limited on 15th November 2019 and the claimants have advised the Respondent of the same. The last payment was made to account on 22nd July 2018. The said sum of £828.21 is the sum sued for. 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.

 

What is the total value of the claim? £828.21
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Various letters threatening to do so.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, showing as defaulted on 25/02/2019.
 

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? Yes
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Unsure
 

Why did you cease payments? Got into various financial difficulties due to a gambling addiction.
 

What was the date of your last payment? 22/07/18
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Don't think so.

 

Also, I noticed on another thread I read that they have to state the documents in box E2. This box is empty.

[dx100uk]

good i notice you've been reading tother SPC claimform threads here

the more of those you read the better.

 

nothing much to do bar that until just before 24/08. but mark it in your diary somewhere. you'll be responding as the guide in other threads.

 

well noted on nolans failure to state what they hold any documents, they have lost to CAG numerous times, mainly due to the failure to provide all the required documentation to legally enforce this agreement in a court. they always seem to think the respondent must admit or deny the debt. but thats slippery nolans for you. safe to say they won't be able to escape the legislation so this is probably just a new wizz to avoid the cca requirements.

[DA11]

Hi DX wondering if you could help as it's getting close to response time. 

 

I'm not sure what to put in box D2. I can't put the supposed copy and paste response in your help post because I already sent a CCA request and they have already replied. I was thinking I should put that they failed to state the documents they would use in court in section E2 which they are required to do?

 

Also there is a required response box in D3 now which says  'Which steps have you taken to resolve the dispute so far?'

[dx100uk]

in D2 enter:

The claimant has failed to date to supply, despite a previous CCA request, all the required paperwork to fully enforce the agreement under the said act.

 

. The respondent is unaware of any compliant Default Notice served under section 87 of the CCA1974 by either the original creditor or the claimant in the last XX years.

..................

 

[DA11]

Sent my response yesterday and had a reply already.

 

“The sheriff has considered the Claim Form and the Response Form and has given the following orders:–

The Sheriff fixes a case management Hearing on 6 September 2021 at 10:00am; further directs that parties no later than one week prior to said hearing provide to the court and all other parties a written statement of their position specifying grounds that are agreed, evidence that can be agreed what, if any,are the specific areas of disagreement;

 

Further to provide a note of what evidence is requires to be placed before the court including a list of witnesses, and how best the leading of evidence can be done considering inter alia documentary, affidavit and video link;

 

Further to provide an estimate of how long any proof hearing will take;

 

Further said case management hearing to be conducted by teleconference; the court directs that parties must intimate to the sheriff clerk contact details (including telephone numbers to [email protected] ) no later than 24 hours prior to said hearing.”

 

 

Order of the Sheriff.pdf.pdf

Edited August 19, 2021 by dx100uk
Format

[dx100uk]

thanks

 

have a read of this one 

it think its the one i think it is.

 

 

[DA11]

Dx, This hearing is supposed to be on Monday. I have not had one piece of correspondence from Nolan’s. Only contact I have had from the court is to confirm a contact number.

The first paragraph in the order states “further directs that parties no later than one week prior to said hearing provide to the court and all other parties a written statement of their position specifying grounds that are agreed, evidence that can be agreed what, if any,are the specific areas of disagreement;”

 

Should I have heard from them?

 

[dx100uk]

Did you send your statement? If not neither will nolans.

not an issue go read any nolan thread

[dx100uk]

ill pop in later for you

[dx100uk]

don't think you need to do anything further.

 

you've stated your case clearly, just be aware that nolans WILL try their little game of saying paperwork is not needed you must admit or deny the debt.

 

don't answer that question directly if it gets asked, simply state my position is as stated within my response form,

 

you did use our CCA example in this thread?

 

 

[DA11]

Sorry dx didn’t realise you had replied. Never got the email notification weirdly.

 

Coincidentally a load of paperwork dropped through the door on Saturday morning after I had posted from Nolan’s. It gave a big response from them and also had the original credit agreement as well as a copy of a couple of default notices I had been sent and things like that. 

 

I don’t think there’s any way out of it to be honest and I think I’m going to just pay it. I have just started a new job recently and I don’t want to be taking any time off for a silly matter like this. I know it’s just giving in to people like Nolan’s but I suppose they are right and the debt is mine. I don’t think I’d handle the court bit well either.

 

I think the only way I could get out of it is because the majority of the money on the card was spent on gambling websites. I did state early on the thread that that’s how the debt came about. I looked through the monthly statements they sent out at the weekend and it was basically all just gambling websites. The law has changed now and you can’t use credit cards for gambling now so maybe there would be a way out saying they could’ve had a better duty of care to their customer? 
 

No idea really but as I said I think I’ve came to terms with just paying it.

[dx100uk]

Scan it all up bar statement s

one mass pdf only

read upload

[DA11]

Nolans PDF.pdf

 

All I have left out here is the form for me to fill in my income/expenditure, the monthly statements for the card and also the copy of the credit agreement only because I uploaded that previously in the thread and it was the same copy.

[dx100uk]

you did use the reply example concerning debts covered by the CCA i pointed to and didnt change any wording did you?

[DA11]

I done exactly as you said

[dx100uk]

Then you did not admit a debt to cap1!! usuAl bogrollAnd babble fron nolans trying to circumvent the consumer credit act.

 

The sheriff is only conducting a C MD he cant decide the case tomorrow.

simply explain like nolans have due to a new job you were unaware you HAD to make a statement and s nolans one only arrived today ( monday) 

so your position remained unchanged. You wish time to digest it and respond.

 

and thats not a default notice!! And that agreement is not very water tight

 

scots law does not over ride the requirements of the consumer credit act

 

dont admit anything stick to your 'once has financial dealings with cap1 ' statement... poss more the one card with cap1 i think...you were at that period in time in a serious bad gambling habit.  but recalled no debt.

 

Cant hurt you

 

 

[dx100uk]

how'd it go?

[DA11]

I never attended the CMD but the outcome was ‘continuation’ and now a ‘simple procedure hearing’ has been scheduled for the 25th October. I did email them beforehand stating what had happened and that I received the paperwork from Nolan’s extremely late and I wish for time to digest the information. I think it was too late to have the initial discussion postponed but I never attended anyway.

 

The document says:

 

“The Sheriff, having heard Claimant's solicitor, Continues today's hearing to 25 October 2021 at 3:00pm for the Respondent to consider his position; Further said hearing to be conducted by teleconference; the court directs that parties must intimate to the sheriff clerk contact details (including telephone numbers) no later than 48 hours prior to said hearing.”

[dx100uk]

scan the letter up in full please

 

dx

 

[DA11]

Order of the Sheriff.pdf.pdf

[dx100uk]

after you got into gambling did you take out any other linrs of credit or run up a bank overdraft to also fund the gambling or was this card your only source of funds to gamble?