Cabot Financial - Simple Procedure (Scotland)

[User457]

The sheriff has responded....

The Sheriff orders the claimant to lodge the following documents at or before the CMD, failing which the action may be dismissed:
1. Theoriginalloanagreement.
2. Theassignationofthedebt.
3. Proofofintimationoftheassignationupontherespondent . 4. Defaultnotice.
5. Proofofintimationofthedefaultnotice.
6. Statement of account.

Looks like he wants a case management meeting and he has ordered the claimant to file the above.

Hopefully they will fail to obtain these documents and the case will be dismissed.

[User457]

Nolans / Cabot have responded to the court order with the following.... 1. Copy of Credit Agreement 2. Copy of Intimation of assignation 3. Copy of letter from Cabot itimating assignation 4. Copy of various correspondance from cabot to me. There is obviously things the sheriff has ordered not here yet ? Where do I stand now ? I didn't expect them to respond with any of the documents requested by the sheriff ?

[Ruby]

So Nolans have sent to the court the information you have listed in post 47. Have they sent you a copy of the stuff? Did this include the Default Notice?

[ScottishSolicitor]

So Nolans have sent to the court the information you have listed in post 47. Have they sent you a copy of the stuff? Did this include the Default Notice?

It sounds like they havent produced the actual assignation document itself - usually around 40-50 pages or so?

[User457]

Hi Ruby / ScottishSolicitor

no copy of default notice from what I can see ? And yes they have sent me copies of these !

unsure as to where we stand, I reckon they have only produced 50% if what has been ordered and even then I’m unsure if the original loan agreement contains the terms and conditions ? The statements the have produced are from there own system so no details of any transactions or how the debt has been accrued ?

[ScottishSolicitor]

Hi Ruby / ScottishSolicitor

no copy of default notice from what I can see ? And yes they have sent me copies of these !

unsure as to where we stand, I reckon they have only produced 50% if what has been ordered and even then I’m unsure if the original loan agreement contains the terms and conditions ? The statements the have produced are from there own system so no details of any transactions or how the debt has been accrued ?

As I have said before this is the very time when it would help to have a solicitor acting for you,

[Amethyst]

Would you be able to do a picture of the credit agreement and accompanying terms ( blank out personal details ) pls - as the account wasn't opened until October 2011 it is likely to be compliant and correct - account opened online? ... but always worth checking.

[User457]

Would you be able to do a picture of the credit agreement and accompanying terms ( blank out personal details ) pls - as the account wasn't opened until October 2011 it is likely to be compliant and correct - account opened online? ... but always worth checking.

This is everything that was sent to me, I have removed al personal details, I hope !

[Amethyst]

Have they included the additional terms ( clause 15 and clause 10 are mentioned ) ?






Also did they give you a Next card to use instore after the first 6 months ?
Their default charges seem very reasonable ( most companies just do the maximum £12 ) - can you see if those are the rates actually charged at the time?

[ScottishSolicitor]

This is everything that was sent to me, I have removed al personal details, I hope !

Just as I suspected they have included a copy of the sale agreement (assignation). Without this they cannot prove title to sue

[User457]

Have they included the additional terms ( clause 15 and clause 10 are mentioned ) ?






Also did they give you a Next card to use instore after the first 6 months ?
Their default charges seem very reasonable ( most companies just do the maximum £12 ) - can you see if those are the rates actually charged at the time?

No additional terms and conditions have been sent ? Should they have sent these ?

I did get a next store card to use for in store purchases, I don't recall if it was six months after opening account though ?

I have no idea what charges have been added as I have no statements ? The statements sent are all from Cabot's systems so I don't know how this debt has accrued ?

[User457]

Well, think I made have made an error, got to court and Cabot/Nolans have produced a statement of account from next, however the sheriff said that this is the only 1 item from the list that has been produced.... (Not sure why as they have sent me others as above).... anyways the sheriff then asks me if we should progress with the case today or wait a period of time for cabot/Nolan to produce.... I agreed to wait and the sheriff has ordered that the documents be produced in 4 weeks or else the case will be dismissed ?




Should I have progressed today ?

[Amethyst]

Tricky one, you'll probably never know whether the right thing would have been to proceed today or not. Without the agreement they SHOULDN'T have been able to win if you had argued section 78 CCA non compliance ( the missing terms) - but it is a bit hit or miss whether the Judges actually listen - particularly on newer debts - and particularly to litigants in person.

At least now you have a definitive deadline for them to produce documents or the case be dismissed... so you basically now will need to wait and see.

It's a decent outcome so don't beat yourself up about it Fingers crossed they have nothing else to produce xxx

[ScottishSolicitor]

Well, think I made have made an error, got to court and Cabot/Nolans have produced a statement of account from next, however the sheriff said that this is the only 1 item from the list that has been produced.... (Not sure why as they have sent me others as above).... anyways the sheriff then asks me if we should progress with the case today or wait a period of time for cabot/Nolan to produce.... I agreed to wait and the sheriff has ordered that the documents be produced in 4 weeks or else the case will be dismissed ?




Should I have progressed today ?

I suspect the judge was hinting that she would have dismissed the case today if you had pushed it!

[User457]

I agree ScottishSolicitor but I was so nervous I just agreed.
i don’t understand why they sent me all those docs and then didn’t have them in court, the sheriff said they had only produced 1 of what was ordered and fact is they have sent me more, the 1 they produced I only got today ?