Cabot Financial - Simple Procedure (Scotland)

[User457]

Re: Cabot Financial - Simple Procedure (Scotland)

I will confirm return date later tonight once I have paperwork.

does the cca request still apply in Scotland ?


what about the other crp request ?

[ScottishSolicitor]

Re: Cabot Financial - Simple Procedure (Scotland)

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 ?

It would be helpful if someone knew the answer to this. In my experience though there are often issues with the Assignment documentation in any event!

- - - Updated - - -

Do you mean CPR? If so that is probably a reference to English rules of procedure and therefore irrelevant

[Amethyst]

Re: Cabot Financial - Simple Procedure (Scotland)

Yes the CCA request is valid in Scotland It's just the CPR that isn't - they have different court procedure rules on disclosure - ScottishSolicitor - what do you do for copies of documents mentioned in the pleadings ?

[ScottishSolicitor]

Re: Cabot Financial - Simple Procedure (Scotland)

You can do a couple of things depending on the particular type of proceedings being followed. This is a Simple Procedure case which can be less flexible but in some circs you can have a "difficult" Simple Procedure case remitted to Ordinary procedure which provides more procedural tools. If that happens a motion to ordain the pursuer to lodge documents founded on or recovery by way of commission and diligence

[User457]

Re: Cabot Financial - Simple Procedure (Scotland)

You can do a couple of things depending on the particular type of proceedings being followed. This is a Simple Procedure case which can be less flexible but in some circs you can have a "difficult" Simple Procedure case remitted to Ordinary procedure which provides more procedural tools. If that happens a motion to ordain the pursuer to lodge documents founded on or recovery by way of commission and diligence

Hi all

my last date for service is 24/01/18

last date for response Is 14/02/18.

im guessing I should get the cca request letter sent of ASAP, as I see they have 12 days to comply ?

[ScottishSolicitor]

Re: Cabot Financial - Simple Procedure (Scotland)

Yes I would recommend that.

[User457]

Re: Cabot Financial - Simple Procedure (Scotland)

Just fyi, the paperwork is all in my maiden name. Don't think this makes a difference but I will respond with my maiden name to avoid any confusion.

***** Updated*****

Should I send the CCA request only to Cabot ? Do I need to send to Nolans (Solicitors) also ?

[User457]

Re: Cabot Financial - Simple Procedure (Scotland)

Hi all

letter will be posted today and sent recorded / signed for to Cabot.
still unsure if I need to send this to Nolan’s as well ?

is there anything else I should do while awaiting the response from Cabot ?

[Kati]

Re: Cabot Financial - Simple Procedure (Scotland)

tagging [MENTION=45569]ScottishSolicitor[/MENTION] xx

[User457]

Good news, Cabot have got my CCA request on the 22nd.


How long do they have to respond, I believe its 12 days but unsure when this starts ? Letter was originally sent recorded / signed for on 17th but tracking states signed for on 22nd ?

[ScottishSolicitor]

Hi this is the link to the relevant legislative provision -http://www.legislation.gov.uk/uksi/1983/1569/made

You will see from the explanatory notes that the 12 working day period starts from the date of receipt ie from the 22nd!

[User457]

Hi this is the link to the relevant legislative provision -http://www.legislation.gov.uk/uksi/1983/1569/made

You will see from the explanatory notes that the 12 working day period starts from the date of receipt ie from the 22nd!

Well this would give them up until the 06/02 ? That's a bit worrying as I have to respond by 14/02.

If they do produce all the documents etc what are my options then ? Time to pay ?

[ScottishSolicitor]

Definitely not until, ideally, you have a lawyer review what they produce

[User457]

I got a response today from Cabot (today was the 12th day), anyways, it staes that they have received my request and are aware of the 12 day time limit however they currently don't have this info on file and have requested it. They go on to explain that as they have to request this from the original lender they hope that they will get this info within 40 days ??


It states that in the unlikely event that they can not get this info they will write to me again ?


So question is, where do I stand now ?
I have read about this before and believe that the case should be sist'd if that's the right terminology ?
Should they not right to the courts to inform them, of this, or would that be up tp their solicitors (Nolans) ?
Do I need to let the court know of the situation ???
Do they have the right to 40 days to obtain this ? I can't believe they chase debts and don't have the agreements, terms etc ?


Let me know and thanks for your responses : )

[ScottishSolicitor]

I got a response today from Cabot (today was the 12th day), anyways, it staes that they have received my request and are aware of the 12 day time limit however they currently don't have this info on file and have requested it. They go on to explain that as they have to request this from the original lender they hope that they will get this info within 40 days ??


It states that in the unlikely event that they can not get this info they will write to me again ?


So question is, where do I stand now ?
I have read about this before and believe that the case should be sist'd if that's the right terminology ?
Should they not right to the courts to inform them, of this, or would that be up tp their solicitors (Nolans) ?
Do I need to let the court know of the situation ???
Do they have the right to 40 days to obtain this ? I can't believe they chase debts and don't have the agreements, terms etc ?


Let me know and thanks for your responses : )

If your response date not soon? You need to submit your response on time thats the most important thing