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Nolans/Cabot/Lloyds CC- SPC


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Poss would use required under the act, not giving the game away too much by using the word enforce. That way its not saying you are solely relying upon enforcement issues .

 

Dx

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Dx, just about to respond on Civil Online. What should I put in...

-What steps have you taken, if any, to settle the dispute with the claimant?

-What is the background to this claim?

-Why should the claim not be successful? This is where I am going to enter 'The Claimant has failed, to date to supply, despite a previous Consumer Credit Act request, all of the required paperwork under the said Act. The respondent is unaware of any compliant Default Notice served under Section 87 of the CCA 1974 by either the original creditor or the claimant.  

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pop in tonight shooz91

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx, was going to submit response this evening using the guidance on the response pages however after reading DA11’s latest update from Nolans I’m not so sure… any other advice at all!? Much much appreciated 

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That thread is not over!

many issues under the requirements of the consumer credit act 1974 and scots law does NOT overide the CcA.

 

There is no default notice (the nolans bogroll is not a DN) and ive already said the agreement is non compliant  

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well done that sheriff!!

 

scots law does not override the requirements of the consumer credit act

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Today is the 28 day deadline given by the order of the Sheriff for Nolan’s to respond. 
I assume they will have until close of play today to do this however what should I do if no response? 
 

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You contact the clerk of the sheriff

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ideally...you want it dismissed and a Absolvitor issued

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Posted (edited)

Response from the scammers this morning on Civil Online- apologies for messy docs, don’t have access to laptop at mo

In addition to the attached there is CC statements from account opening to 10/04/2012- I can upload these in a few hours 

 

evidence - list.pdf

Edited by dx100uk
pdf's merged
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On 02/09/2021 at 11:03, Shooz91 said:

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.

so no DN yet then...:pound:

dont need the statements unless they are chocked full of £12 penalty charges?

but i doubt they will equate to £3k......

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

There are 18 entries of £12 (£216) over limit and/or late fees between September 2010 and December 2011.
Cabot bought the debt in June 2016.  

What are my next steps? Await instruction from the Sheriff or respond saying no compliant Default Notice attached?
I will be out of the country for 2 weeks from Friday and unable to respond to the Sheriff during that time

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they had 28days to produce all the docs they intend to rely upon

they have not produced the default notice

 

there are other SPC claims here whereby they failed on the dn too.

 

if the judge knows his onions, (and its your job to too point it out!) failure to provide a dn (if one was ever issue)d is fatal to most court claims under the consumer credit act. section 87

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

thats not how your respond no. 

 

you could raise a recovery of documents order

WWW.SCOTCOURTS.GOV.UK

best idea might be to ring the sheriffs clerk and ask.

 

or you could wait, the sheriff will most probably call a case management hearing whereby you could raise it.

 

the issue here is if they come up with the dn and it's compliant,, you've not much to fight with as the CCA is compliant etc etc. you could lose .

 

it interests me why the original creditor sold this debt on, and there is no dn in there sar return

 

and ofcourse 

 

'The Claimant has failed, to date to supply, despite a previous Consumer Credit Act request, all of the required paperwork under the said Act. The respondent is unaware of any compliant Default Notice served under Section 87 of the CCA 1974 by either the original creditor or the claimant.  

 

so you've nailed your colours to the flag pole, it might be an idea to push this , it could be a game winner.

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Just called the Sheriff Clerk, she said that I should file a Form 9G Incidental Orders Application and that I also need to formally serve N0lans that I am doing this and fill in 6C Confirmation of Formal Service!? I made it clear that I am the Respondent, not sure why I would need to complete a 6C!?
Think I will go with a 9G and hope for the best

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:cheer2:

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Still no Default Notice issued… order of sheriff issued today 🙏🏻🙏🏻🙏🏻
Can’t upload pdf so have copied the text 

21 October 2021
  The Sheriff orders the claimant to take the following step by : 19 November 2021
1. lodge online copies of all documents they intend to rely upon to establish their claim.
Possibility of dismissal
The sheriff considers that taking the steps listed above is necessary for the progress of this case. The claimant is warned that
unless these steps are taken, this case will be dismissed without further warning.
If the step listed above are not taken then the sheriff dismisses the claim against the respondent.
Signed by:

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aw poor nolans... exposed again ...

 

why cant you  upload?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you dont ever edit a pdf

take a picture .jpg

redact in a photo app

convert to pdf and upload

 

99% of any  pdf editors work can be rolled back.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

not sure how many times you've been told to read upload:pound:

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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