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


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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.

 

 

.

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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  • 1 month later...

please complete this:

 

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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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

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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  • dx100uk changed the title to Cabot/Nolans Ordinary Cause court Claim - 2 Cards 1 HBOS - 1 MBNA

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

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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  • dx100uk changed the title to Cabot/Nolans Ordinary Cause court Claim Ayr Sheriffs - 2 Cards 1 HBOS - 1 MBNA

:yo:

  • Haha 1

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...

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

 

  • Thanks 1

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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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

 

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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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

 

WWW.TRUSTDEEDSCOTLAND.NET

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

 

 

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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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 

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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  • 1 month later...

thats nolans!!

 

 

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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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

 

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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  • 2 weeks later...
On 21/11/2023 at 12:58, AllyBallyG said:

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 received my defences and lodged them accordingly. 

they've pulled this trick several times before.

as long as your filed defence has the intimation sheet signed as the last page and a date you'll be ok,

sounds like a court mistake here to me speak to the clerk ,

i cant remember on ordinary cause claims but i think a repone is quite expensive, you shouldn't have to be doing this nor paying for one.

how did you serve your defence on nolans just for the record and did you get free proof of posting.

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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  • 2 weeks later...

by appeal you mean repone? they have a decree on you now?

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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yes you need to raise a repone.

you should be ok on doing that yourself 

its all quite easy.

im not sure on the exact process for an ordinary cause decree, been a while.. bit i seem to remember you might need to include documentary evidence you paid fee/intimated defences etc.

 

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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you need to draw up a appeal note as its ordinary cause decree.

it a bit complex only done it once

i'll have to look over my notes.

dx

 

  • Thanks 1

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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briefly mention as a side note,

Further complicating the respondents issues above, it should be noted that the pursuer had failed to provide any paperwork despite requests, including a legally binding CCA request under the consumer credit act, which has a time limit of 12+2 working days sent on (date) by (method) too.

  • Thanks 1

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...

usual nolan's twaddle, esp McGuffick v RBS

1st credit tried that one for years and lost in court several times.

they still had to prove there was at some point an enforceable credit agreement resulting in the debt they claim is owed.

the Original Creditor terminating an agreement via their default notice does not absolve the Pursuer from the consumer credit act. As the assignee of said agreement they are still bound by all its prescribed terms and conditions even after termination. 

i would resend to the pursuer everything yes.

its quite usual for nolans to pull this no defence/intimation receive GAG.

 

 

  • Thanks 1

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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  • 1 month later...

scan up what they have sent to one mass PDf please.

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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we are talking about £14k here...why did the OC sell the debt and get paid pennies and not crush you themselves in court. some things don't add up here.

does each Default notices date and the date in it's text give a CLEAR 14 days gap?

do both agreements show online tickbox that is Ticked and your typed name by each box giving a time and date and p'haps an IP address of the sign up device?

for each card you should receive the full agreement with all the prescribed terms listed clearly, it should have the correct name/address for the time of sign up.

for each card you should receive a separate set of Terms & Conditions they should have the correct name/address for the time of sign up in the top section. they must be complete.

 

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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they have to provide the mbna docs , forget what you have in the sar, keep that too yourself.

so you need to adjust your pleadings , stating the above facts,

like ....the claimant has provided documentation for one of the credit cards within their claim, but have failed to supply any relevant documentation regarding other. etc

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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On 14/03/2024 at 10:50, dx100uk said:

scan up what they have sent to one mass PDf please.

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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BOS:

Quote

The General Credit Card conditions also form part of this agreement and are contained in the document headed "General Credit Card conditions". In condition 21 we set out special meanings etc

there are no T&C's included? (should be pages of them)  that CCA return is incomplete and thus renders the agreement void.

NOA is ok

DN is OK

MBNA...NOA OK but nothing else.

 

you are in a strong position.

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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as i said, keep any details of what you might hold in sar's you made to yourself.

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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Un en is Un en, be it by everything missing or just by one thing missing... is it's still un en under the consumer credit act 1974 and unless you suffer judge (sheriff) lottery, which is very rare in Scotland, 

The respondant being unable to recognise the debt because the claimant failed to clearly specify what debt(s) they claim upon is a totally different matter. 

1 hour ago, AllyBallyG said:

I’m now asked whether I recognise the details provided, which the answer would be yes –

 

Who is asking this? 

 

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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Which you don't have to... , called upon, does not mean must answer simply yes/no. 

You ans the same refrain as you did in the defence

Stop falling for their twaddle of no agreement means nowt etc and they are not trying nor need to enforce any past agreements 

 

More later. 

Whichever way you go it can't hurt payment levels if you do lose. Immaterial. 

 

As I said nolans only see £ signs and this is £14k.. And ordinary cause not spc. 

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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