Nolans/Cabot/Lloyds CC- SPC

[Shooz91]

Have returned from abroad today and got this in the mail recorded delivery from Nolans. 
this was in response to my incidental orders application on 5th October.

they tried to upload this along with their own incidental orders form, rejecting mines, to civil online but the documents were rejected as the clerk said they were not filled in correctly. 
the Sheriff then issued the orders above on 21st October. 

Sat, 23 Oct 2021, 11:26 4.pdf

[dx100uk]

missing pages

put everything in one mass pdf

use pdfmerge and pdfreducer websites...read our upload guide carefully

 

dx

 

[Shooz91]

Attached… so in effect the form and ‘letter’ from the scammers has not been lodged with the court as they rejected it so the most recent update is the order of the Sheriff on 21st October 

IO response 23-10-21.pdf Court response 11 oct.pdf

[dx100uk]

I knew nolan s were useless but thats just plain stupidity.

 

Dx

[Shooz91]

N0lans have today filed the written submissions and Incidental Orders application that they posted me and these have been lodged on Civil Online- have attached Written Submission as it is a clearer copy

Written submission 2610.pdf

[Shooz91]

Order of Sheriff received this AM rejecting my IOA to dismiss. Still no DN from Nolans, they won't be issuing one by the looks of their response to my IOA.

Order of the Sheriff.pdf

[Shooz91]

Are Nolans correct in what they are saying on their Response about no DN required? 

Just reading upon requirements for a DN ....

Requirement for a default notice

Section 87 of the Consumer Credit Act 1974 necessitates service of a default notice on a debtor or hirer before a creditor or owner may become entitled by reason of any breach by the debtor or hirer of a regulated agreement to do any of the following:

• Terminate the agreement;
• Demand earlier payment of any sum;
• Recover possession of any goods or land;
• Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or
• Enforce any security.

[dx100uk]

nicked from andyorch sometime:

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010
.
 For a creditor to enforce a credit agreement against the debtor, 
he must serve the latter with a default notice, 
this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).
.
 Generally, the prescribed form of a default notice according section 88 is as follows:
.
 "The default notice must be in the prescribed form and specify
.
 (a) the nature of the alleged breach;
 (b) if the breach is capable of remedy, what action is required to remedy it 
      and the date before which that action is to be taken;
 (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, 
     and the date before which it is to be paid."
.
 Section 127(3) of the Consumer Credit Act 1974
.
 Should the debtor be sued for the outstanding amount, 
it may be open to the debtor to raise an argument that the agreement is unenforceable 
because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.
.
 Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). 
Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.
.
 The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.
.
 In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

 Regards

 Andy
.................

 

im not firing on all cylinders and wont be till well into the new year but from my notes i believe you might find this thread worthy..

 

 

 

[Shooz91]

Thanks dx. Shall I just file another IOA requesting to dismiss,  C2 enter....

The claimant is misleading the Sheriff.

 

There is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments, without the need of service of a default notice.

 

The Claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed any litigation to enforce the agreement.
 

Edited December 15, 2021 by dx100uk
added A few blank lines only..dx

[dx100uk]

could do .

 

cant hurt you.

 

dx

 

[Shooz91]

CMD arranged for 27th Jan!

8A.pdf

[Shooz91]

N0lans have uploaded these docs today ahead of CMD next week on 27th....
Any advice much appreciated! @dx100uk @Andyorch

Part 2 CCA.pdf Written Submissions edit.pdf

[AndyOrch]

I take it you didn't and that's their interpretation ?

 

Quote

The Respondent has misinterpreted section 87 of the Consumer Credit Act 1974 and insists that a Default Notice must be produced before she can be held liable for this debt. This is simply untrue. S

 

A default Notice must be served and for them to prove it was served ( and possibly disclose a copy ) before they can enforce any agreement.

[dx100uk]

Typical nolans crap

the Scottish equivalent of restons.

 

Dx

[dx100uk]

The respondent has not admitted the debt.

stop lying and read the respondents submissions carefully nolans!

 

Dx

[Shooz91]

So am I basically just now hoping  for the best, that the Sheriff knows his stuff!? 

[dx100uk]

there is a thread earlier and numerous other threads here on this 'only after arrears' no DN needed dodge nolans keep trying.

 

[Shooz91]

I uploaded my written submissions (2 of them) and have received this gumph from N0lans today!!

They really are willing to try anything! 
Any advice on CMD tomorrow or just focus on the content within my submissions?

 

supplemantary written submissions frrom both parties.pdf

[dx100uk]

pers i would drop the admit or deny bit.

playing into their hands

 

 

[dx100uk]

i wonder what happened here?

#dx