Cabot/Nolans Ordinary Cause court Claim Ayr Sheriffs - 2 Cards 1 HBOS - 1 MBNA

[AllyBallyG]

About 12 months ago I stopped paying all my credit cards and one personal loan, amounting to ~£50k. The payments were crippling me and I was simply out of control. 

Everything has been defaulted and moved to debt collectors - to which I have maintained NO CONTACT with. 

My financial circumstances have obviously benefitted and I believe I could now arrange some form of long-term payment to clear - over 8,9 or 10 years. I've considered a DPP under DAS (due to my employment), however I'm unsure as to whether that is necessarily needed.

Amongst the mountain of letters, which has gradually eased off, stands Nolans Solicitors acting on behalf of Cabot - who bought 2 of my debts. I've had recent letters warning of court action in 7 days, but then followed up with another letter saying their client (Cabot) would accept instalments. 14 days to decide or they will consider further proceedings.

I guess I was secretly hoping i'd fall of the radar with some of these debts for a while, but it appears Cabot / Nolans are a bit more pressing?  Possibly others to follow and this is just the start of the turning point?

So, what do I do next?

Do I address each debt individually when it becomes serious? Saving the £s until then.

Or do I go down the pro-rata route now?

Self managed or DPP/DAS?

Up until now, i was fairly comfortable with the approach: stop paying, switch banks, default, ignore etc... but I'm a bit confused on whats next.

 

A/C opened	OC	DCA	Type	£
2018	Tesco	Can't remember. Will update	CC	8k
2015	Barclaycard	PRA	CC	3k
2017	MBNA	Cabot / Nolans Solictors	CC	11k
2016	BoS	Cabot / Nolans Solictors	CC	4k
2018	Jaja	Opos	CC	6k
2017	Virgin	Arrow	CC	9k
2000	Nationwide	Opos	Overdraft	1k
2014	Nationwide	Opos	CC	6k
2018	Nat Loan	Arc	Loan	7k
				55k

All defaulted in late 2022 or early 2023.

Any help or advice would be welcomed. Thanks

[dx100uk]

get reading up about nolans

just use our search.in the top red banner

pers id simply await the SPC form to come if one ever does then use the time to pay option.?

although looking at the debt age, theres a chance they might not get either enforceable CCA esp the MBNA one. their agreements are notoriously useless.

if it were me id run rings around nolans in court. it's a good experience and they are the worst you'll come up against, put always seem to screw up. i think i'm 15/2 in the cases ive been involved in now.

 

 

.

[AllyBallyG]

Yesterday i was served a writ and warrant from my local Sheriff court. 21 day response.

Cabot v Me, instructed by Nolans. Initial writ is for the combined c15k (MBNA and BoS).

Provided with form 07 - notice of intentioin to defend and form 03 time to pay direction or time order may be applied for.

 

I'm completely lost on what to do now. Other DCAs continue contacting me, but no further action / yet.

Regarding time to pay, is that still a decree and will be noted on my credit file (?). From an employment perspective, I need to avoid that if at all possible (?). Does that then push me towards the DAS option?

Is it too late to CCA?

Extremely grateful for your previous response - and anything you can advise now.

Thanks 

 

[dx100uk]

please complete this:

 

[AllyBallyG]

name the issuing court: Sheriffdom of South Strathclyde Dumfries & Galloway at Ayr Sheriff Court

 Who Is The Claimant: Cabot Financial

 Who Are the Solicitors: Nolans

 What type of action? Ordinary

 What is the claim for – 

To grant decree against the Defender for payment by the Defender to the Pursuers of the sum of FOURTEEN THOUSAND, NINE HUNDRED THIRTY SEVEN POUNDS AND FORTY TWO PENCE (£ 14,937.42 ) sterling payable to Pursuers with expenses: 

 1. std text

2. On or around 26/01/2016 the Respondent entered a Credit card agreement with Bank of Scotland - Credit Card under which the Respondent borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the Consumer Credit Act 1974. The date of termination was 04/01/2023.

The Respondent failed to pay as agreed on demand and is in breach of contract with the said Bank of Scotland - Credit Card ,

The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 17/02/2023 and the Claimants have advised the Respondent of same,

The said sum of £ 4,188.09 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.

3. On or around 05/08/2017 the Respondent entered Credit card agreement with MBNA Cards under which the Respondent borrowed from them a sum of money repayable on demand.

The said agreement was an agreement regulated under the Consumer Credit Act 1974. The date of termination was 12/01/2023.

The Respondent failed to pay as agreed on demand and is in breach of contract with the said Bank of Scotland - Credit Card .

The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 17/02/2023 and the Claimants have advised the Respondent of same.

The said sum of £ 10,749.33 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.

4. There remains a total balance due under both the above contracts of £ 14,937.42, which is the sum sued for.

The Pursuers have made frequent requests to the Defender to make payment of the said sum but the Defender has refused or delayed to do so.

5. The Defender has delayed or refused to make payment of the sum due to the Pursuers despite repeated application by the Pursuers and this action is now necessary.

 date of raised claim [or court stamp date from writ or date from ] :- 05/09/23

 Last Date Of Service [look on form 07]:- 05/09/23

 Last Date For Response [look on form 07]:- 26/09/23

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

 Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- 2 credit cards (MBNA, BoS)

 BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – 
Reference Number: – is this the original creditors account number? (y/n)

how many digits does it have?

 

Pleas in law

1. The Defender being contractually due and resting owing to the Pursuers in the sum sued for decree should be granted as craved.

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 - Cabot

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

 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 ? Yes

 When was you last payment:- Both 2022

 Why did you cease payments:- Numerous credit cards with crippling interest payments. Severe financial mis-management.  

 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]

can we dot t's and cross i's  on a few things....

in their pleading has the pursuer given the card number for each card and are these 16 digits long?

and the 2nd one says HBOS too, at that time i dont think MBNA were anything to do with HBOS, it that a typo upon your behalf?

dx

[AllyBallyG]

No card number or account number referenced anywhere. 

No typo from me, the paragraph which states the MBNA value states I was in breach of contract with BoS.

I have the full scanned forms, with blanked out personal details, if that's any use. 

Edited September 6, 2023 by AllyBallyG
Corrected my reply your question

[dx100uk]

really so they've no idea what they are actually litigating over..typical nolans rubbish and they've not listed the documents they hold either.. thats interesting.

forms would be wonderful that would be nice 

just the claim form please containing the above details  you typed out

thank you 

were these online sign ups? do you remember or paperwork you got then signed and returned? 

if i were to be honest, unless there are issues with the agreements being enforceable which for 2016/7 is somewhat doubtful, it might be worthy to consider filling out the Time Order Part you got,

we could get them to jump through the CCA request hoop by sending cabot a cca request for each tomorrow but as you dont know the account numbers and you might well be denying the debts totally in court it MUST go to cabot. 

so look u the card numbers in your records and get 2 cca request s ff to cabot tomorrow ok?

let me knw your thoughs and the bits that need answering above and we'll decide what to do by the 25th.

lots of ordinary cause claims here to read use our enhanced googe searchbox

ordinary cause

there are quite a few wins too

[AllyBallyG]

Claim form attached. 

Form 05, 07, 03, 02 and time to pay all availble too. 

I'm positive both were online sign ups.

I have the account details to hand, and will send Cabot both CCA requests tomorrow.

claim form_Optimized.pdf

[dx100uk]

[AllyBallyG]

CCA requests sent. 

I appreciate its early here, but whats the potential outcomes i'm looking at?

If cabot cannot provide the correct documents,  I can defend and deny at court? Does that then just potentially delay the same claim, should the correct paperwork eventually be found - unless the court kills it?

Alternatively, if Cabot do have the paperwork and can therefore feed Nolans, am I up doodoo creek with respect to avoiding a decree?

Thanks

[AllyBallyG]

Cabot unable to fulfil CCA request for MBNA. Letter states they will contact them to obtain the documents, and update in 12 days.

Awaiting response on BoS request

[AllyBallyG]

no response from Cabot on the BoS CCA request sent on the 7th Sept, arriving at Cabot on the 8th.

No postal service on Monday (local delivery).

Tomorrow is the final chance to receive anything prior to having to respond to court on Tuesday. 

Any advice on next steps?

[dx100uk]

go through the above thread carefully reading ALL the posts there

and example 'defence' is at the end, use that as your basis for yours. it MUST be in the correct format.

i would also add that the pursuer has failed to provide any details whatsoever on their pleading, other than the claim is for 2 credit cards, no account details, nothing , concerning what the actual debts are about.

dx

 

[AllyBallyG]

Do I make reference to their error in point 3 regarding MBNA card being in breach of contract with HBoS?

How hard to I go when commenting on the lack of account details? Ridiculous position to be in having to pay a defence fee just to find out what their speculative claim is about?

Thanks once again

 

[dx100uk]

court fee is because claim is above £5k moved it out of simple procedure range.

they are only doing this because they see £ signs and 85% of people wet themselves and blindly cough up without question.

mbna are now part of hbos. that point is not important.

simply mention to pursurer has failed to detail the accounts in question .

however other than paperwork issues and if they cough up, which i expect they will, you've little else to defend with, and as i said earlier this might be a case of filling a time order out, .pers that would be my advice, but its your choice to gamble

 

[AllyBallyG]

Understood, thanks. 

I contacted StepChange to understand the DPP DAS process as a decree would be extremely troublesome from an employment perspective. 

I think I have to pay this defence fee to ultimately buy me time to get the DAS arranged and apply for a moratorium. Not ideal by any means. If they can't provide paperwork, great, but I'm assuming the will eventually.  DAS hopefully give me the option to repay over the longer term than would via the court time to pay. 

Does that make sense? I'll give the defence a go until they get a sniff of paperwork 

[dx100uk]

there you've taught me something.. i was thinking of use breathing space to halt the claim. 

but you beat me to it and ive learned something new here

 

Breathing Space & Statutory Moratoriums: Debt Respite Scheme

WWW.TRUSTDEEDSCOTLAND.NET

---

Learn about Breathing Space, the Debt Respite Scheme, Statutory Moratoriums & Tailored Support in Scotland. Trust Deed Scotland.

 

 

[AllyBallyG]

I think that's english/welsh equivalent of moratorium protection in Scotland. I'll undoubtedly be in contact with StepChange in the coming days. I'll keep this post updated should things change. Thanks for your help  

Apologies, one final thing. Is their any advantage / disadvantage to filing a defence immediately compared to 13 days later?

[dx100uk]

read our guide i posted it explains that

 filling in form 07

The notice of intention to defend, together with the court fee of £ (129 as at aug 2019) must be lodged with the Sheriff Clerk at the court address 

 return the form in person if you can to the relevant sheriff's clerk office or email [pay by card over the phone]

you must copy the form to the claimant too.

you then have 14 days to intimate [file] your defence but there's no reason to not to file your defence at the same time 

[AllyBallyG]

Apologies, i tried to edit and remove the question once i had found the answer myself. Ready to go tomorrow

[AllyBallyG]

Rolled the dice a touch with this. c2 weeks till Options hearing. Neither CCA request has been fulfilled yet.

They also claim they didn't receive my defence responses and now seek a decree by default. tut tut Court clerk confirms they receeived my defences and lodged them accordingly. 

[dx100uk]

thats nolans!!

 

 

[AllyBallyG]

Court clerk suggests I could call Nolan’s to let them know that I have already lodged my defence.

Should I really? If I must, should I leave it as late as possible?

 

2 CCA requests sent c11 weeks ago.

MBNA – Cabot suggested they don’t have the info on file, and will seek to obtain. Write within 12 days etc. Not heard from them since.

BoS – CCA request not acknowledged. I have recorded delivery on it showing they’ve received.

 

Both CCA requests could be received any day I suppose, however as they haven’t – I’m preparing for the options hearing.

Writ doesn’t provide any account number, don’t recognise dates or values. No supporting documentation provided.

Yet have had to defend to avoid a decree by default on something I know nothing about.

I know i’m gambling a bit on them not providing the required documents. If they haven’t done so in the next fortnight, what are the possible outcomes? How much extra time will they be allowed?

Ideally I want this dead and buried at the first opportunity, but I realise it may not be as straight forward as that.

 

What’s your thoughts? Is there anything here that is starting to look in my favour? Any advice warmly welcomed.

[dx100uk]

no i agree never ever phone nolans they LIE!!

sheriffs that know these speculative claims and nolans well dont often allow their games

worthy of a read