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

[dx100uk]

no you are kidding me...

 

they can't be that thick surely...

could be game over if they've faked it.

 

can you attach it to a private msg to me please.

 

[Li4m79]

Ok no worries thank you

[AndyOrch]

The provided agreement does not appear to be an on line application type...but a manual CCA that would require a wet signature.

 

Capturing intention to be bound

 

Common law does not prescribe a type of signature. Whether a contract or other form of agreement is said to have been signed is very much a question of intention. Did the person apply their mark – by virtue of signature, completing a check box, applying an electronic signature, or clicking an "I accept" button, for example –  to evidence their intention to enter into the contract?

 

Electronic signature platforms typically use language that indicates to the signatory that they must apply their 'signature' to sign the contract.

 

Regards

 

Andy

[Li4m79]

So how should I proceed with this?

[Li4m79]

I'm going to be preparing my letter of intimation this week, as the next hearing is the week after.

 

Should I still dispute this on the grounds mentioned above?

 

Also any final advice for my next hearing?

[dx100uk]

yes and like the previous IA don't forget the failure of no default notice too.

 

specifically pointout the agreement cabot have sent appears to be a manual agreement whereby there should be an area to be signed to comply with the relevant rules of THe CCA and that it appears to be a blank template PDF document whereby anyone can type in/change any pers details they like (easily editable in any PDF program) 

 

i would also again pointout the number of times cabot have been asked for various documents that are required under the act to enforce an agreement and many are still missing or what appear to be simply templates.

dont forget to add you wish the sheriff to issue an absolvitor and request costs.

[Li4m79]

Ok will do that, I'm worried that the judge will just see the statement and say that is enough evidence, so hopefully he won't overlook the shoddy CCA and other lack of other documents

[dx100uk]

he can't, there is no evidence it was you that opened nor used the account nor made those purchases. for all he knows you could been the victim of identity theft. 

[Li4m79]

so this is their intimation

 

 CabotNolans Inti.pdf,

 

ive got until 2.40pm to come up with my defence, not sure what I can argue with.

 

 

[dx100uk]

usual twaddle in a way, just nolans trying to counter their ever growing list of losses against cag in cases whereby they have little or no enforceable or required paperwork..here judge look over here not there at our lacking of what is actually required in a court of law concerning the consumer credit act in enforcement. 

 

more soon.

 

[dx100uk]

On 11/04/2021 at 01:58, dx100uk said:

yes and like the previous IA don't forget the failure of no default notice too.

 

specifically pointout the agreement cabot have sent appears to be a manual agreement whereby there should be an area to be signed to comply with the relevant rules of THe CCA and that it appears to be a blank template PDF document whereby anyone can type in/change any pers details they like (easily editable in any PDF program) 

 

i would also again pointout the number of times cabot have been asked for various documents that are required under the act to enforce an agreement and many are still missing or what appear to be simply templates.

dont forget to add you wish the sheriff to issue an absolvitor and request costs.

 

did you do the ia?

 

[Li4m79]

I sent what I thought was an IA before I realised that it was an official court document. That is to say I requested the documents but did not lodge it so I ballsed up big time on that one

[dx100uk]

so you not questioned the fact the CCA is a editable document etc etc ?

[Li4m79]

Yes in my letter of intimation I wrote said it appeared to be a blank template, easily editable, and the properties of the file show it was originally  created on this date and modified on this date etc etc. I requested the sheriff issue absolviator and costs.

 

The letter from nolans is part in response to my letter of intimation 

 

 

[Li4m79]

Here is what I wrote

 

"I still  intend  to  dispute  this  claim.   The  documents  provided  by  the  claimant  seem to  prove nothing, and  in  all  honesty  are  very  questionable  at  the  very  least.

 

The CCA(C3)  provided  contains  no  signature or  anything that  would  verify  confirmation,  be  it  a  time stamp,  online  signature.  

 

Putting  this  document  into  a  simple  pdf  editor  clearly  shows  text  boxes where  my  name and  address  are so  any  name  or  address  could  easily  be added  into  what  looks  like blank template.  

 

The  CCA  is that  which  requires a  “wet”  signature to  be valid. As well  as this,  simply  by  opening up  the pdf  (C3)  in  Adobe Acrobat  and  looking at  the  properties  of the  file,  it  says  the  original  file  was  created  on  30/01/18 and  then  modified  on  18/02/2021  which makes  me question the  validity of  this  document.

 

There  has  also  been  no  letter  of  default  produced.   I  feel that  in  all  there  is  total  lack  of  real evidence,  and  one very  flawed  questionable document.    I  therefore  wish  the  sheriff  to  issue  an absolvitor  and request  costs." 

[dx100uk]

Stick to your guns as in your defence form4 word for word.

 

.dont be drawn by nolans twaddle..i have had financial dealings etc etc. Infact many shop direct accounts. You have NOT stated you did have this agreement. The statement s could be from any ac

 

where is the signed agreement ??

where is the default notice ??

 

which under section 87 of the cca is required to be produced to enforce.

 

the claimant has had xxx months (since claim issue) to produce enforceable  paperwork and several demands by both myself and the sheriff to do so and has still failed but now seems to want to divert attention away by bring up admittance issues never used before. 

[Li4m79]

Well that went bad, I denied the account,  brought up the blank document, brought up the lack of enforceable evidence, lack of default notice (which they said they didn't need because the account never defaulted as they're only seeking arrears)

 

Now it's going to a heating where they want me to produce bank statements from those dates.  It's not ordered for me to produce them but would help if I did apparently. 

They've also asked for any other jd account details to check account numbers to confirm my statement 

 

Pre hearing is 16th July and hearing 6th August., They have to bring in a witness to say the document wasn't tampered with.

Edited April 21, 2021 by Li4m79

[dx100uk]

which is why i said don't go near ever admitting or denying the A/C . stick to the line in your form 4 exactly.

 

lots of time till you have to actually do anything:

that gives a buffer for you to get your historic family issues out the way and get reading here every cabot/nolan SPC thread that exists, as i feel you've not done that as you fell for the oldest tricks in the book to date.

 

and for nolans and their client to discontinue as their costs must now be mounting up. with more to come on 2 more hearings which they can never get back.

 

you also need to put up a few more posts upon what was said and done before it slips your mind during todays hearing.

as the smallest of detail about what the three of you said could be vital here but not realised by you.

 

dx

 

[Li4m79]

The sheriff asked if I admit or denied the statement,  which I'd been dancing around  answering   I kept on bringing up the cca they produced even explaining how you could tell it was modified.  They said they rename the file, but I explained that would change the modified date in windows not the embedded information. 

 

I 3ven said at one point "are you just going to overlook the fact that they have potentially produced a piece of fraudulent evidence" but I was just shot down and told that that was an issue for a later date.

 

Nolans kept repeating that they had produced proof of the account and that I had no defense.

 

Nolans basically reiterated what they said in the letter

[dx100uk]

notice of sums in arrears letters from the creditor need to be produced if they are only claiming arrears , so don't need to produce the default notice. poss issue an IA requiring their disclosure?

 

read the consumer credit act section

 

 

also have a read of 

 

(Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255)

[Li4m79]

latest order, I also have a Smple Procedure Recovery of Documents Application 10B from Nolans(via post, but not up on civil online so guessing still awaiting court response) asking for bank statements from all bank accounts I held during the alleged period.

ProcOrder1.pdf

 

edit: the sheriff did state at the last discussion that he wasnt going to issue an order but it was in my interest to provide statements.  Will i say that in my response to the application to try and stop the application order being granted?

 

i have sent a Form 10b to the court for them to order letters of sums of arrears and also a verified/authenticated copy of a CCA.  I have sent that to Nolans.  I'm hoping to swing back the focus on their lack of valid evidence and not my school boy errors..

Edited May 9, 2021 by Li4m79

[dx100uk]

to date they have not produced any cat statements showing any payments made by you?

dx

[Li4m79]

only statement is the one I posted up earlier

[dx100uk]

then nolans have no right to see any statements, they won't show you received any items

 

its also worthy to note in the original claimform they stated:

 

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. 

 

the original creditor did not allow you to borrow a sum of money, a cat company sends you goods, nolans have produced no list of 'goods' which were sent to an address that you were resident at for said time period.?

 

can we see their 10B please?

[Li4m79]

I haven't got access to a scanner atm but here is the vital text from their IA

 

What they're requesting 

Quote

The Respondent's bank statements from all bank accounts held at the
relevant time, either showing payments or the absence of payments for the
items contained in the Claimants' Item C4 of process. (Statements of
Account from 10th December 2017 to 1st January 2019)

 

 

Their resons why

Quote

The Claimants have lodged an itemised Statement of Account. It is in the
Respondent's knowledge whether he purchased the said items. The
documents sought are necessary for the evidential Hearing.