Help: Cabot Financial Options Hearing

[Rohan]

Re: Help: Cabot Financial Options Hearing

I can't see you having too much trouble getting this claim put to bed.
I'll have a closer look at your defence tomorrow and get back to you, it's my birthday today so not thinking too clearly

[oconelec]

Re: Help: Cabot Financial Options Hearing

Whahay...Happy Birthday, you should be having a wee drink instead of helping me. Thanks i will get in touch tomorow.

[Amethyst]

Re: Help: Cabot Financial Options Hearing

I can't see you having too much trouble getting this claim put to bed.
I'll have a closer look at your defence tomorrow and get back to you, it's my birthday today so not thinking too clearly

Happy Belated Birthday to you Rohan xxxxx

[Rohan]

Re: Help: Cabot Financial Options Hearing

Whahay...Happy Birthday, you should be having a wee drink instead of helping me. Thanks i will get in touch tomorow.

Hi,

I'd be looking at having this claim dismissed due to their lack of supplying any documentation to back up their claim, ask the Sheriff Clerk how you would go about doing this.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Good evening Rohan.

I hope you eventually had a nice birthday yesterday.
Rohan, have you had a chance to look at the defence i lodged. As i have only a few days to send in my reply regarding the court requesting a defence note, can i do anything about Cabot & their legal team not supplying the requested cpr & cca i made.

- - - Updated - - -

Rohan.

I have written another CCA & CPR request & will post it tomorrow morning.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Hi,

Looking at your defence and regards to asking for the documentation they would rely on in court. We don't have Civil Procedure rules in Scotland. The rules you will adhere to depend on the type of claim e.g. small claims, summary cause or ordinary cause.

To request documentation Cabot would use in court, you would need to file a Incidental Application.

INCIDENTAL APPLICATION

Sheriff Court:

Ordinary Cause Summons Number:

Date of Next Hearing:

(Their name) Pursuer against (your name) Defender
(address) (address)

The defender requests the court to postpone the hearing fixed for xxxx 2016 and that the case is temporarily sisted.

The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender.

These documents are vital to the defender in order to compile a full defence.

The documents requested to be recovered are listed below:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records the pursuers hold on the defender relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor

b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person,

the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuersor the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold.

d.Documents relating to any payment protection insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account;
specifically,
the date it was levied
, the amount of the charge,
a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account
and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998

h. A list of third party agencies to whom the pursuers have disclosed the defenders personal data and a summary of the nature of the information the pursuers have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents the pursuers seek to rely on in court.

Signed:
Defender:
Dated:


The incidental application should be taken or sent to the sheriff clerk.
The sheriff clerk will then fix a date for parties to be heard on the application. If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party.

At least two days’ notice of the date fixed for the hearing of the application must be given to the other party.
If the party receiving the application then tells the court they are not opposing it, the application will not have to call in court.

The sheriff will decide the matter on the day set down for the hearing, and no attendance by the parties will be required.

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.

Therefore it is essential that the party making the application appears or is represented at court on the date fixed to hear it.

If the party against whom the application is made does not appear, the court may grant the application in their absence.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Good evening Rohan.


Thank you so much for the reply & taking the time to help me.


Rohan, please see attached letter that i received from Optima Legal, can you help me at all with this, how do i word or form what they are asking for with the written note they say i have to submit.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Hi,

Phone the Sheriff Court and tell them you wish to file an Incidental Application, the Sheriff clerk will tell you what you need to do.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Hi,

Phone the Sheriff Court and tell them you wish to file an Incidental Application, the Sheriff clerk will tell you what you need to do.

Good evening Rohan.


Than thanks for the reply. Rohan, i called the Sheriff clerks office today for information, honestly they were of no help what so ever, all they would suggest was i seek legal advice.
Rohan, i am concerned that if i do not lodge this written note of defence by Thursday that they will hand down a default ruling.

When can i lodge this incidental application, or do i need to lodge this written defence note, is this written defence note for me to lodge another full 07 form.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Rohan.

This was their Condesendence, how do i write & form a defence to this.

[oconelec]

Re: Help: Cabot Financial Options Hearing

Sorry Rohan, i have turned the attachment round.

[Rohan]

Re: Help: Cabot Financial Options Hearing

Try phoning your local CAB...

http://www.cas.org.uk/bureaux/aberde...-advice-bureau

[mystery1]

Re: Help: Cabot Financial Options Hearing

HSBC Defense Aug 15 No add (1).pdf

This should let you see the how. So take your defence and put in that format (using o7) and google pleas in law.

You will also need a rule 22.2 note to be sent too.
[MENTION=35929]Rico[/MENTION] may be helpful if he is around for actual procedure.

M1

[oconelec]

Re: Help: Cabot Financial Options Hearing

Thank you Mystery 1.


Thanks for helping with this. I have managed with your help to write this note of defence. The only thing i ask, do i need to download a form 07 & lodge at same time. Bellow is the note i have completed which i will deliver tomorrow, does it seem ok.

Regards.

Sean.

[mystery1]

Re: Help: Cabot Financial Options Hearing

2 b,c,d are a waste of time. Remove. Cpr 31.14 has no place in Scottish procedure.

The defendant puts the pursuer to proof that an agreement complying with the consumer credit act exists.


The record can be amended by both sides so it should be much of an issue. You haven't included any pleas in law at the bottom either.

1. The pursuers averments being irrelevant et seperatim lacking in specification, the action should be dismissed.

There is another 1 that most people use but i don't have it to hand. Hopefully someone else can help as i'm out all day.


Do not forget to do a rule 22.2 note.

M1