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Cabot Financial - Simple Procedure (Scotland)

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  • Cabot Financial - Simple Procedure (Scotland)

    Hi all,

    as as I can't seem to get the online form to work here goes.....

    Received a claim? Yes/No: Yes (simple procedure)

    Issue Date: Unsure - What is this ?

    Have you Acknowledged the Claim?: do I have too ?

    Total Amount Claimed: £2416.82

    Claimant’s Name: Cabot Financial uk ltd

    Solicitors Firm: Nolans

    Original Creditor: Next directory (catalogue / store card)

    Original Debt (eg. Credit card/Loan/Overdraft) : catalogue / store card

    Particulars of Claim: Please type out in full excluding names/account numbers: On 17/10/2011 the respondent entered a mail order agreement with next directory under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974. The respondent failed to pay as agreed on demand and is in breach of contract with the said next directory. The said supplier assigned all rights in the said debt to Cabot financial uk limited on 05/01/17 and the claimants have advised the respondent of the same. The last pay,net was made to account on 16/04/15 the said sum of £2416.82 is the sum sued for. The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no - don't think so ?

    List any letters you have sent (eg: CCA/ CPR ) : none - should I ?

    Any Other Information or Background Details: Took unwell just before Xmas 2014 and was treated in hospital for what was initially thought to be a stroke, however turned out I had a brain tumor. Was on sick leave from work for approx 16 weeks, and wasn't in a financial position to make payments. Account obviously went into arrears and then I basically just ignored them. Here we are now.I know I had an account with next but unsure as to values etc, I have had a few letters from Cabot and nooses but have just binned these.


    What are my options now ?
    Tags: None

  • #2
    Re: Cabot Financial - Simple Procedure (Scotland)

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?...5 yrs for Scotland): no - don't think so ?
    The last pay,net was made to account on 16/04/15
    (From the Particulars)
    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 Financial - Simple Procedure (Scotland)

      Originally posted by charitynjw View Post
      (From the Particulars)
      Thanks charitynjw, I didn't think it was statute barred due to the dates but wasn't sure.

      any advice on how I should progress with this ?

      ive read about the coca and crp letters but also read the crp doesn't apply in Scotland ?

      #confused

      Comment


      • #4
        Re: Cabot Financial - Simple Procedure (Scotland)

        ive read about the coca and crp letters
        Do you mean CCA?

        but also read the crp doesn't apply in Scotland ?
        I believe Scotland has it's own versions, but I'm not au fait with them.
        This may help https://www.dlapiper.com/en/uk/insig...ustice-system/
        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


        • #5
          Re: Cabot Financial - Simple Procedure (Scotland)

          Originally posted by charitynjw View Post
          Do you mean CCA?


          I believe Scotland has it's own versions, but I'm not au fait with them.
          This may help https://www.dlapiper.com/en/uk/insig...ustice-system/
          Yes sorry I meant cca, auto correct on phone lol.

          ive read through your link but still unsure what I should do next ?

          is there anyone on here with advice for us north of the border ??

          Comment


          • #6
            Re: Cabot Financial - Simple Procedure (Scotland)

            I'll give [MENTION=6]Amethyst[/MENTION] & [MENTION=49370]Kati[/MENTION] a nudge for you....they might know.
            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


            • #7
              Re: Cabot Financial - Simple Procedure (Scotland)

              Originally posted by charitynjw View Post
              I'll give @Amethyst & @Kati a nudge for you....they might know.
              I’m guessing no one can help me with the above ?

              Anyone on here who has experienced this ?

              Comment


              • #8
                Re: Cabot Financial - Simple Procedure (Scotland)

                tagging [MENTION=45569]ScottishSolicitor[/MENTION]
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Cabot Financial - Simple Procedure (Scotland)

                  Sorry could you summarise your question again for me?

                  Comment


                  • #10
                    Re: Cabot Financial - Simple Procedure (Scotland)

                    Originally posted by User457 View Post
                    Hi all,

                    as as I can't seem to get the online form to work here goes.....

                    Received a claim? Yes/No: Yes (simple procedure)

                    Issue Date: Unsure - What is this ?

                    Have you Acknowledged the Claim?: do I have too ?

                    Total Amount Claimed: £2416.82

                    Claimant’s Name: Cabot Financial uk ltd

                    Solicitors Firm: Nolans

                    Original Creditor: Next directory (catalogue / store card)

                    Original Debt (eg. Credit card/Loan/Overdraft) : catalogue / store card

                    Particulars of Claim: Please type out in full excluding names/account numbers: On 17/10/2011 the respondent entered a mail order agreement with next directory under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974. The respondent failed to pay as agreed on demand and is in breach of contract with the said next directory. The said supplier assigned all rights in the said debt to Cabot financial uk limited on 05/01/17 and the claimants have advised the respondent of the same. The last pay,net was made to account on 16/04/15 the said sum of £2416.82 is the sum sued for. The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so

                    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no - don't think so ?

                    List any letters you have sent (eg: CCA/ CPR ) : none - should I ?

                    Any Other Information or Background Details: Took unwell just before Xmas 2014 and was treated in hospital for what was initially thought to be a stroke, however turned out I had a brain tumor. Was on sick leave from work for approx 16 weeks, and wasn't in a financial position to make payments. Account obviously went into arrears and then I basically just ignored them. Here we are now.I know I had an account with next but unsure as to values etc, I have had a few letters from Cabot and nooses but have just binned these.


                    What are my options now ?

                    Hi [MENTION=45569]ScottishSolicitor[/MENTION]

                    Im wondering what my options are with the above situation ?

                    Comment


                    • #11
                      Re: Cabot Financial - Simple Procedure (Scotland)

                      Which court is the case in? When is the deadline for your response to be lodged?

                      Comment


                      • #12
                        Re: Cabot Financial - Simple Procedure (Scotland)

                        Airdrie Sherriff Court and I think I have until 24th if I remember right... will confirm once I’m home tonight

                        Comment


                        • #13
                          Re: Cabot Financial - Simple Procedure (Scotland)

                          What paperwork have they provided you with? Have they given you a copy of the original agreement, any default notice etc?

                          Comment


                          • #14
                            Re: Cabot Financial - Simple Procedure (Scotland)

                            No, nothing, just the simple procedure paperwork.

                            Comment


                            • #15
                              Re: Cabot Financial - Simple Procedure (Scotland)

                              First get a CCA request off to the claimant - CCA Request Letter
                              Then you have an initial defence to the claim to begin with for your response. Your return date is the 24th ?

                              I'm not sure when Next sorted out their agreements, as older accounts just never had them, but I'm guessing they sorted it out around 2006/7 and by 2011 had online ( compliant ) agreements that they are able to retreive ?
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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