Cabot Financial Small Claims

[mbreckers]

Hi folks,

First of all apologies if I miss anything but the form isnt working for me.

I received this citation today, 20/11/15.

Claim is from Cabot Financial, lawyers are Shoosmiths LLP. Original people were JD Williams.

Amount is £309.70

Claim: The pursuer claims from the defender the sum of £309.70 and with expenses.

Other Information: Received this today, (theyve got the date of issue wrong on the front page, doubt that matters but)

Don't know what other information is relevant, on Job Seekers Allowance and unfortunately thats not likely to change in the forseeable future, am 25 years old.


Received no previous correspondence from Cabot Financial, although did move house middle of the year.


And its a Scottish Court, dont know if that changes anything.


I have Autism and dont understand this form at all

[nemesis45]

Re: Cabot Financial Small Claims

Hi folks,

First of all apologies if I miss anything but the form isnt working for me.

I received this citation today, 20/11/15.

Claim is from Cabot Financial, lawyers are Shoosmiths LLP. Original people were JD Williams.

Amount is £309.70

Claim: The pursuer claims from the defender the sum of £309.70 and with expenses.

Other Information: Received this today, (theyve got the date of issue wrong on the front page, doubt that matters but)

Don't know what other information is relevant, on Job Seekers Allowance and unfortunately thats not likely to change in the forseeable future, am 25 years old.


Received no previous correspondence from Cabot Financial, although did move house middle of the year.


And its a Scottish Court, dont know if that changes anything.


I have Autism and dont understand this form at all

Hi welcome to LB
Scottish Law is quite different from English Civil Law on many points.

If you can please post a copy of the claim you have received, if there is a problem [MENTION=6]Amethyst[/MENTION] or [MENTION=49370]Kati[/MENTION] can help you post the forms here.

I've asked for help for you so don't worry help will be along soon.

nem

[mbreckers]

Re: Cabot Financial Small Claims

I've typed up what it says cause of phone quality images of form, but i've attached the photos as well
---------------------------------------------------------------------------------------------------------------------

Covering Letter:

FORM 5

Form of Service

To: Me
Address

Defender

[My Town], Tuesday (20th), day of November, Two Thousand and Fifteen years.

You are hereby served with a copy of the attached summons, in presence of [Name] Witness, [Address of Sherrif Officers]

-----------------------------------------------------------------------------
Form 1a
Small Claim Summons
Action for/of Payment

Sherrif Court and their address

Name and address of person making the claim: Cabot Financial UK LTD, and their address

Name and address of person against whom claim:[My name and address]

Claim: The pursuer claims from the defender the sum of £309.70 and with expenses.

Pursuers solicitor: Shoosmiths LLP

Return Day: 15th January 2016
-----------------------------------------------------------
STATEMENT OF CLAIM

1. The parties are as designed in the instance. The named defender resides at [My address]. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other Court involving present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another court.

2, The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the JD Williams Ltd dates 6 July 2015 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation.

3. The said contract between JD Williams Ltd and the defender is dated 26 June 2013 and relates to Mail Order agreement with account number [Account Number]. The said account is in default and the sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £309.70 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

4. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary