Nolans/Cabot/Lloyds CC- SPC

[Shooz91]

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.On or around 24 June 2009, Respondent entered Credit Card Agreement with Lloyds BG under which the Respondent borrowed from them a sum of money repayable on demand. Said agreement regulated under the Consumer Credit Act 1974.

The date of termination was 20 March 2012.

 

2.The respondent failed to pay as agreed on demand and is in breach of contract with said LBG.

 

3.The said supplier assigned all rights in the said debt to Cabot Financial on 24 June 2016 and the Claimants have advised Respondent of same.

 

4.The last payment was made to account on 5th December 2019. The sum of £3120 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.

 

What is the total value of the claim? £3120.02
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes- moved address in August 2020, new owner signed for the SPC paperwork and has popped it through my door (I moved 4 doors round) - Letter is also addressed in my maiden name.
 

Did you inform the claimant of your change of address? No

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 ? By post I believe
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? this does NOT show on my credit report

 

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? I think so
 

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 ? Can't recall
 

Why did you cease payments? went through separation, house sale etc at this time- was a credit card that my ex mainly used although I was naive enough to take it out in my name ( I was only 18 when took the card out- assumed he had paid it off from proceeds of house sale. No proof that it was him using it)
 

What was the date of your last payment? 05/12/2019
 

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? Can't recall. I panicked when I got the initial letter from Nolans advising they were acting for Cabot as I hadn't heard anything for years. I was on maternity leave and made a few small payments and filled out I&E form just to get them off my back as was struggling being a new Mum.
 

 

** Further to above

 

- I have emailed Nolans asking for breakdown of payments and copy of CCA  - they have replied back today saying payments made between 5th June 2017-5 Dec 2019.

 

They have requested a copy of the CCA from their clients however can not provide a timescale for receipt of this. They then go on to say 'as the matter is now in court, any disputes will be required to be dealt with through the court process' and recommending that I obtain independent legal advice. 

 

sorry forgot to add- this does NOT show on my credit report

Any advice is much appreciated-

 

I do not recall receiving any written comms from Cabot about this debt, the last I remember is the contact from Nolans in 2017.

 

[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

 

 

[Shooz91]

name the issuing court: Livingston Sheriff Court

 

Who Is The Claimant: Cabot Financial Uk Ltd

 

Who Are the Solicitors: Nolans

 

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

 

What is the claim for –

[type out ALL the text [minus pers details] [D1 BOX SPR FORM]

On or around 24 June 2009, Respondent entered Credit Card Agreement with Lloyds BG under which the Respondent borrowed from them a sum of money repayable on demand. Said agreement regulated under the Consumer Credit Act 1974. The date of termination was 20 March 2012. The respondent failed to pay as agreed on demand and is in breach of contract with said LBG. The said supplier assigned all rights in the said debt to Cabot Financial on 24 June 2016 and the Claimants have advised Respondent of same. The last payment was made to account on 5th December 2019. The sum of £3120 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.

 

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ]

Date of agreement- 24 June 2009/Ref No- Unpaid balance:£3120.20 / Repayment on demand

 

date of raised claim [or court stamp date from writ or date from ] :- 18/06/2021

 

Last Date Of Service [or from form 07]:-  17/08/2021

 

Last Date For Response [or from form 07]:- 07/09/2021

 

What Documents are listed in Box E2:[or in your form requesting the same?]  zero

 

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

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – Date of agreement- 24 June 2009
Reference Number: – is this the original creditors account number? Not sure

how many digits does it have? 16
Unpaid balance: - £3120.20

 

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 them the sum of £3120.20

 

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? can't recall

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was you last payment:-5 Dec 2019

 

Why did you cease payments:-went through separation, house sale etc at this time- was a credit card that my ex mainly used although I was naive enough to take it out in my name ( I was only 18 when took the card out- assumed he had paid it off from proceeds of house sale. No proof that it was him using it)

 

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?  Can't recall. I panicked when I got the initial letter from Nolans advising they were acting for Cabot as I hadn't heard anything for years. I was on maternity leave and made a few small payments and filled out I&E form just to get them off my back as was struggling being a new Mum.

[dx100uk]

before you got scammed by nolans in 2019 when was the last payment made before that? (could it have been more than 5yrs gap)?

[Shooz91]

Nolan’s say (when I emailed them last night for copy of CCA) 

‘payments were made to this office between 5 June 2017 and 5 December 2019. We have requested a copy agreement in this matter from our clients however can not provide a timescale for receipt of this. 

As this matter is now in court any disputes will require to be dealt with through the court process. If you are unsure of your position with regards the court proceedings we would recommend that you obtain independent legal advice.

 

I honestly can’t remember any payments between 2012-2017 

[dx100uk]

and who said do that yet?

and our CCA instructions state never ever use or give a dca or their dogs an email address...

 

 

 

[Shooz91]

Nolan’s already had my email address from previous communication when I must have made payments to them.

I only came across this very helpful site today after I had emailed unfortunately.

I did not acknowledge the SPC etc all I simply asked was can they provide a breakdown or payments and CCA

[dx100uk]

well we'll cut that comms link later as nolans are untrustworthy and will pull every trick in the book on you so be VERY prepared. do not in anyway shape or form respond or do anything further regarding this claim with cabot/nolans however innocent it seems without checking here 1st please

 

the reason why we say on scottish claims not to send a CCA or anything infact until just before response date is it plays your cards early and removes the surprises they will get and looks good for you in court.

 

so now you know to sit on your hands - it's not time to do nothing though.

 

use our enhanced google search box and type in SPC Nolans

 

and get reading up a few 100 threads here 

that way you'll be upto speed.

 

now your next task is to findout through the merth of merges and splits WHO at the lloyds banking group holds your DATA. 

you need to get on the phone to LLoyds (or whomever but NOT cabot/nolans) and ask them when your last payment date was on the card , they wont have a clue you've paid nolans, not their problem.

 

see how you get on .

 

dx

 

 

 

 

[Shooz91]

Ah ok- thanks very much, glad I have some reliable advice from now on! 
 

been reading all evening- what a bunch of chancers they are! Definitely feeling better about things, have hardly slept or eaten since I received the SPC. 
 

read about section E needing to be filled in by them? Absolutely nothing on mines, totally blank E1-E3. Not sure if this makes any difference? 

[dx100uk]

Cabot/Nolans SPC Claim - old Cap1 Card debt - Page 2 - Scotland Financial Legal Issues - Consumer Action Group

[Shooz91]

I called Lloyds and they advised I need to fill in a SAR form due to how long ago this was so have filled that in. 

[Shooz91]

Sorry been floored with Covid and only just starting to get better! 
lloyds have replied to SAR request for last payment info saying they aim to send it on by 24th August. No CCA or anything further sent from Nolan’s either since 29 June. 
DX can I PM you about something else I am concerned about RE this claim pls? 

 

[dx100uk]

unless its pers info no . cag is for all not one..

99.9% of questions are the same as everyone else asks... an answer in the open helps everyonr ..

[Shooz91]

It was personal but never mind as I think I know the answer/option 

[Shooz91]

Losing sleep over this issue at the moment! Anxious waiting for Lloyds SAR request to come through.
The other issue is that I have a family member who works in the SC that the papers came from. I really do not want this person knowing my business, I know GDPR and all that but I suspect they are the one who issued the papers due to handwriting on envelope

[dx100uk]

sc?

[Shooz91]

Court

 

Sorry replied in the middle of the night!! The person works at the court that issued the SPC

[dx100uk]

Unless they are a clerk of the sheriff no. The clerk of sheriff staff are listed i believe on the .gov.uk site for that court and the clerk that issued the claimpack will have their name listed on the pack too.

[Shooz91]

Yes the person is a clerk but no names on the gov site or on the pack that I can see 

[Shooz91]

Both attached-
BOS had deadline of yesterday 24th to respond to SAR, no response whatsoever.

Nothing from Nolans email (stupidly sent before I discovered the wonderful CAG!)

Should I chase up BOS? Last date for response to SPC is 7th Sept.

Nolans email.pdf SAR.pdf

[dx100uk]

On 29/06/2021 at 22:20, dx100uk said:

before you got scammed by nolans in 2019 when was the last payment made before that? (could it have been more than 5yrs gap)?

So is there a clear 5 yrs gap between the last bos payment you've found and the first payment to any fleecer?

[Shooz91]

Nope looks like short of 5 years 
Bank of Scot last payment- Nov 2013

Nolans 1st payment- June 2017 

[dx100uk]

Had to hide post with pdf shows your ad top left of t &cs

[Shooz91]

Oops hadn’t spotted that one! Have uploaded again just in case useful

SAR BOS.pdf

[Shooz91]

Hi DX, from reading previous posts, in D2 should I enter… Or any other advice? Last date for response is 07/09, should I wait til that date or ok to do it now? 
 

‘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.

..................’ ?