Cabot/Nolans SPC Claim perth - Old JDW Cat Debt-

[Li4m79]

My 2nd time here

 

last time was with Cabot a few years ago, and thanks to the sound advice from you guys it was satisfactorily done and dusted in my favour....
Although i have done this before, i thought id best drop by and just  go through the motions in case things have changed in the legal system or processes.

 

I thank you all again in advance for any help  

 

name the issuing court: Perth

 

Who Is The Claimant:  Cabot Financial UK Limited

 

Who Are the Solicitors: NoLans

 

What type of action? (Simple/Ordinary):  Simple

 

What is the claim for –

 

1.On or around 03 December 2017 the Respondent entered a Mail Order Agreement with J D WILLIAMS & COMPANY LIMITED 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 Respondent failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS & COMPANY LIMITED. 

 

4.The said supplier assigned all rights in the said debt to CABOT FINANCIAL LIMITED on 13 March 2019 and the Claimants have advised the Respondent of same. 

 

5.The said sum of £1,200.73 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.

  

D4:

“Date of Agreement – 03 December 2017 / Reference Number - #############/Unpaid balance - £1,200.73/Repayment on demand”

 

date of raised claim [or court stamp date from writ or date from ] :- 02/11/2020

 

Last Date Of Service [or from form 07]:- 25/11/2020

 

Last Date For Response [or from form 07]:- 16/12/2020

 

What Documents are listed in Box E2: No Documents Listed

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Catalogue

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – Yes
Reference Number: – is this the original creditors account number? unsure

how many digits does it have? 8 Digits
Unpaid balance: - yes £1,200.73

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

 

The Claimants request that the court order the respondent to pay to them the sum of £1,200.73

 

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.:- assigned to a DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

When was you last payment:- Unsure

 

Why did you cease payments:- They just snowballed and I couldn’t afford to pay at the time

 

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? No

 

 

[dx100uk]

but not yet...

 

What To Do - Simple Prodedure Rule Claims Scotland - Scotland Financial Legal Issues - Consumer Action Group

[Li4m79]

when copy pasting D1 into the pdf, not everything fits?  what are the best things to leave out?

[dx100uk]

no-one else has reported this...

it should auto expand the box.

 

but read what is says above then

put it on a sep sheet!

 

[Li4m79]

In scotland from 1st December we can now use the online portal for response, so I ended up chopping up the response over the corresponding boxes online.  I've had a lot going on in my personal life and tbh haven't really given this the attention I should have.  I'll await and see what the courts say because I know tomorrow I won't get a chance to look at this

[dx100uk]

which is why we always suggest using the written forms till they get their system sorted out.

[Li4m79]

Do I need to send a copy of my responses to Nolans? If so can I do it via a temporary email address?

[dx100uk]

typically if using the written form you do. the spc rules state you must.

but i'm unsure if filed via the new court web portal. go look.

 

you should NEVER be giving the fleecers nor their dogs an email address ever!

[Li4m79]

Haha, yeah I've read about giving up email addresses. If I did I'd use a temporary email address that self destructs after 24hours and state that all correspondence to myself must be sent explicitly via post.

 

As per I'm just counting on them not being able to produce any paperwork and the court dismissing the case.

[dx100uk]

doubtful for such a recent agreement...

was this a BNPL item(s)?

 

[Li4m79]

Oh......

 

It was a catalogue it I think it was like 0 interest for so long then after they upped the credit limit I got hit with interest and higher repayments if I recall.  I could be wrong though.  I just remember it snowballing and getting put to the wayside and forgotten about

Edited December 15, 2020 by Li4m79

[Li4m79]

Case Management Discussion actioned for February 24th

[dx100uk]

did you send the claimant a cca request?

 

dx

[Li4m79]

No, but I think I better

[Li4m79]

So received this today from the court just outlining the meeting in February which is gonna be a conference call but it's looking hopeful..

 

The  respondent  has  indicated  to  the  court  that  this  claim  wil  be  disputed. The  sheriff  has  considered  the  Claim  Form  and  the  Response  Form  and  has  given the  following orders:

1:    Case  management discussion The  sheriff  would  like  to  discuss  this  case  with  both  parties  before  ordering  a  formal  court  hearing.

2:  A case  management  discussion is  assigned  for  24 February 2021 by  conference  call,  time  to  be  confirmed.

 

The  Sheriff  has  given  the  following  orders/note:1)  Not  less  than  21  days  before,  the  claimant  is  to  reply  to  the  response,  in  particular  by  providing  evidence  of  the  alleged  debt,  any  contract  between the  respondent  and  the  original  creditor  and  copies  of  any  document  showing  or  tending  to  show  that  the  respondent's  lawful rights  as  a  consumer have  been  properly  discharged.

 

Everything else on the firm was relating to time place etc etc, but this bit stood out

[dx100uk]

might be best to scan up the whole thing in case you have missed something.

[Li4m79]

4 hours ago, dx100uk said:

might be best to scan up the whole thing in case you have missed something.

 

court1.pdf

[dx100uk]

Take note section point i.

is for you too!

[Li4m79]

Ahhh ok so what does that mean? that I reject their claim and still wish to proceed??

[dx100uk]

proceed with what..it's not your court claim its theirs...

 

Case hearing...24 February 2021 by conference call, time to be confirmed.

The Sheriff has given the following orders/note:–
1) Not less than 21 days before, the claimant is to reply to the response, in particular by providing evidence of the alleged debt, any contract between the respondent and the original creditor and copies of any document showing or tending to show that the respondent's lawful rights as a consumer have been properly discharged.

 

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

 

you need to then make an IA and send it .

 

Take note that:-
i. Not later than close of business two clear working days before the hearing, you must lodge intimation of your position, supported
by reasons, to the court and other parties;

[Li4m79]

An IA?....

What does "intimation of your position" actually mean?

 

Excuse my questions

 

[dx100uk]

thats ok Scotland and the words they use are strange.

intimation means tell for want of another word.

 

IA or incidental Application means you could pre empt this all by demanding the documentation by the use of one.., but the sheriff seems a smart cookie, though i dont like the use of the word tending

[Li4m79]

Ok so could I for example pit in a CCA request at the beginning of February for example and if Cabot don't adhere to the 12 days use that as an intimation of my position? Or am I way off the mark.

 

The way I understand the letter is they are wanting Cabot to produce the correct paperwork to continue?

 

But the last but that you have pointed out now is confusing me a little.

[dx100uk]

i don't know why our response form sticky earlier has had the CCA request removed 

i've put it back 

send one to cabot now.

 

[Li4m79]

Just a quick update, I stupidly didn't post a CCA (a hell of a lot going on in my personal life just now) but that aside no evidence had been produced by Nolan's until I go check civil online today and they've posted up letter of assignation and a statement from Cabot with the figure due.  

 

I wouldn't have known this evidence was produced if I hadn't of checked online.  

 

I'm guessing I just have to hold my hands up now? Case meeting in tomorrow morning at 10am.