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Cabot court claim, Scotland.

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  • Cabot court claim, Scotland.

    Hi folks
    (not sure if I'm posting in the right place, please move if not)

    I've received court claim and I would really appreciate some help in dealing with it. I had a few debts in 2009ish but got into difficulty repaying. Basically i want to make sure the amount and details are correct before i admit to owing anything or making repayments.

    After having a good read on the forums I found the process about not panicking and the basic letter templates, just wanting to get advice to make sure I'm on the right track, will go through what I know so far.

    I'm not panicking:tinysmile_grin_t:

    Letter says if I want to defend this action, send Form 07 together with a court fee of £96.00 to the sheriff clerk within 21 days of 4/5/16.
    Amount is for £6317.57.
    Claimant is Cabot.
    Solicitor is Nolans.
    Original creditor was Lloyds.

    There's a big fancy written bit under the title Condescendence, the 1st paragraph talks about the pursuers aver that the defender resides as stated, and such.
    The 2nd says I got the loan from Lloyds on 20/04/09, I've failed to pay and under the consumer credit act 1974 and now in breach of contract.
    On 27/06/14 Lloyds assigned all rights to said loan to Cabot.
    The last payment on the loan was 19/03/12.
    I've sent the CCA request via recorded delivery today.
    I have until the 25th to submit my intention to defend to the court.

    Phew! a lot of info in 1 go but I'm sure its the main run of it.
    I've not really been able to find out about the differences in the English/ Scottish system of running things, I know some of the forms are numbered different but cover the same basics, beyond that I'm lost.
    Do I send a cpr to the solicitors?
    Tags: None

  • #2
    Re: Cabot court claim, Scotland.

    Hi KBT & welcome to LB

    If in doubt, why not send a copy of the CPR letter to both & cross-refer.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Cabot court claim, Scotland.

      Hi Charitynjw, thanks for the welcome and reply.
      Just a bit daunted by all the jargon involved, making me a bit twitchy and second guessing a bit, still keeping calm though.

      Comment


      • #4
        Re: Cabot court claim, Scotland.

        Unfortunately, I'm a Sassenach, so I can't help much with Scottishland Law.

        Love the archaic terms, though!

        :okay:
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
        2 of 2 < >

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