**DISCONTINUED** Cabot Financial Court Summons ( Scotland )

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

@ScottishSolicitor

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

bump please [MENTION=6]Amethyst[/MENTION]

[Ruby]

Urgent question

I am having a issue with Nolan Solicitors who are chasing a very old credit card debt. The case was sisted in 2014 due to lack of paperwork.

This case has raised its head again and Nolans have issued a first inventory of productions.

Nolans state the following:

Regarding the issue of default notice being required to serve, no default notice is required if a creditor is merely seeking to claim arrears of immediate payments that are due. We do not state in our claim form that a default notice was served on you nor are we seeking early repayment of the debt in terms of the 1974 Act.

Surely a default notice should have been issued before court action? Also I have never had a notice of assignment from the original lenders to Cabot, who are chasing the debt.

Can Nolans go ahead with court action without these?

[EXC]

Re: Urgent question

Hi Ruby

I'll ask [MENTION=6]Amethyst[/MENTION] and [MENTION=87380]Diana M[/MENTION] to take a look.

In the meantime can you post up the claim form or at least the text of the particulars.

Also what do you mean by ''the case was sisted in 2014 due to lack of paperwork'' ?

[Amethyst]

Re: Urgent question

Sisted is the same as 'stayed' in England

Is this the same one - http://legalbeagles.info/forums/show...637#post761637 for an Aqua, and a Vanquis, credit card ? Their comment on default might make sense if this were a loan but not for a credit card account.

If it's the same case this is the relevant particulars

2. On 7/1/06 and 15/12/06 the defender entered agreements with Bank of Scotland and Vanquis under which the defender borrowed from them sums of money repayable on demand. The said agreements were agreements regulated under the consumer credit action 1974. The defender failed to pay as agreed on demand and is in breach of contract with the Said Bank of Scotland and Vanquis. The said suppliers assigned all rights in the said debts to Cabot Financial UK Ltd and the pursuers have advised the defender of the same. The said sum of £4153 is the sum sued for. The pursuers have made frequent requests to the defender to make payment of the said sum bu the defender has refused or delayed to do so.

If not, we'll need a bit more background.

[Ruby]

Re: Urgent question

Thanks Ame, its the same case.

Funny enough a default must have been issued at some point because it was on the credit report for six years .....

The way I see it is that they are trying to defend the fact that they do not have the relevant paperwork.

If we do not receive a suitable note of defence from you within the next 14 days or settlement proposals, we shall be proceeding to lodge to an incidental application to recall the sist and thereafter move the court to grant summary decree against you. No further notice shall be provided.

I can only assume that we will still have an opportunity to defend ourselves in court?

[Ruby]

Re: Urgent question

Can a decree in court be granted without:-

1. Producing an appropriate default notice? (credit card debt)
2. A Notice of Assignment. (Nolans are chasing the debt on behalf of Cabot however the alleged debt is with Vanquis/Aqua)
3. I assume that the various paperwork should also include credit agreements as defined by the Consumer Credit Act 1974 sections 61 and 77

[Ruby]

Re: Urgent question

help @Amethyst and [MENTION=87380]Diana M[/MENTION]

help, anyone please

[Amethyst]

Re: Urgent question

Can a decree in court be granted without:-

1. Producing an appropriate default notice? (credit card debt)
2. A Notice of Assignment. (Nolans are chasing the debt on behalf of Cabot however the alleged debt is with Vanquis/Aqua)
3. I assume that the various paperwork should also include credit agreements as defined by the Consumer Credit Act 1974 sections 61 and 77

The decree could be granted but hopefully not if you argue the points in defence of their claim. The s.77 non compliance on one account, and the s.61 failures on the other, should be a barr to enforcement. As should the lack of notice of assignment and lack of Default Notice - I really don't understand why they are trying to argue that - other than just trying to confuse to cover up that things weren't done properly by the original creditors.

On the incidental application - apologies for having to copy and paste from the scotsgov site, the process is slightly different ( Everything seems to happen much quicker and more appearances at court in Scotland than we have down here ) but the application for summary judgment seems to be their last ditch attempt at hoping you don't want to go to court. Sounds like you should geta copy of the app and have chance to respond in defence.

The party lodging the application must give at least two days’ notice of the date set for the hearing of the application to the other party. If the party receiving the application then tells the court that they are not opposing it, the application will not have to call in court. The sheriff will then decide the matter on the day set down for the hearing.

If the party receiving the application intends to oppose it (or fails to tell the court that they do not intend to oppose it) the case will call in court. The sheriff will hear those parties who attend on the application and decide the matter. It is therefore essential that the party making the application appears or is represented at court on the hearing date. If the party against whom the application is made does not appear, the court may grant the application in their absence.

We could write back to them to head them off and say we intend to defend their application because of the issues you've raised ( no DN, no Assignment and no credit agreement ) I'll have a good read back through the whole thread ( have merged it with the other one so the full story is on here now) and check which documents you have.

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

Thanks so much for your help Ame, much, much appreciated xx

The s.77 non compliance on one account, and the s.61 failures on the other, should be a barr to enforcement

Section 61 (1) refers to signing of agreement. Does that include applications made on line?

Both 'accounts' are headed application forms and not consumer credit agreements. Does that have a bearing? If so, how can I back it up in court.

Legislation changes frequently. It used to be the case that the Consumer Credit Agreement had to be clearly stated as such and a mere application form was not sufficient.

[Amethyst]

Re: Ok, its now my turn - Cabot Financial Court Summons

Checking the docs for the AQUA card you seem to have had a preprint application form with the credit agreement overleaf ( headed properly) and general card terms attached and those have all been supplied to you by the looks?



These bits...

[Amethyst]

Re: Ok, its now my turn - Cabot Financial Court Summons

Vanquis is the digital one isn't it - so they have provided the terms and their screen print of the digital application screen

I think they have sent the wrong recon of terms actually - on the digital app form it refers to Terms being version NP-TA-04 and the terms given appear to be NP-TA-03 ... not sure how much that's worth though.

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

Yes, Vanquis is the digital one. You have the right details for Aqua too.

I am feeling rather pessimistic just now

As far as Vanquis are concerned, surely a statement of account should also be produced? I have received one for Aqua

[Amethyst]

Re: Ok, its now my turn - Cabot Financial Court Summons

Those were sent to you in 2010? not by Nolans.. or the claimant, Nolans/the claimant haven't sent anythng have they ?

What was Nolans weird letter about default notices not being required in response to ?

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

The ones I have posted on this site for Aqua previously Nolans now have a copy (assuming sent from Cabot) and have forwarded to me with a covering letter stating their Inventory of Productions to court.

I am obviously communicating with Nolans and have complained that they have not supplied with their paperwork a compliant default notice for the accounts. Their response was on the back of that.