Cabot Financial - Simple Procedure (Scotland)

[User457]

Setting aside the default issue, from my understanding the creditor has yet to produce a copy of the actual assignation document. If I was representing a client in such circs I would be arguing that failure to produce same is a fatal flaw in their case and that it should be dismissed

They have amended the date of assignation and sent a whole lot of stuff with this... i'll get uploaded tomorrow ?

[User457]

As mentioned please see the attached documents....

I have no idea where I stand now, I believe from what they are saying... they don't need a default notice ?
I don't understand why as account does show in default on credit file ?

[Amethyst]

pt2537

[User457]

Noticed I have 10 days to respond from 27/03 do need to submit something before 06/04 ?

[Amethyst]

ScottishSolicitor - the assignation stuff is now submitted to evidence

User457 where does it say 10 days ? ( is that from the court or the claimant? )

[User457]

File 1.pdf I believe, states I have 10 days to respond at end, reply part ? Not sure what to put here ?

[Amethyst]

Ahh yes

[Amethyst]

Well, it really depends what you want to do - continue defending the claim as in dispute or negotiate a settlement - or even just let it go to a judgment - it would be useful if someone could have a look at this default notice issue Diana M ScottishSolicitor pt2537 before you reply - the only other issue really is the incomplete Agreement ( refers to clauses not provided ) and any dispute you might have over the actual debt originally.

[ScottishSolicitor]

And the fact that Cabot Financial (UK) Ltd (i.e. the Claimant) is unlicensed.

Di

Yes but for me the main attack atm would be the incomplete assignation paperwork. This in itself gives a compelling argument for dismissal

[Amethyst]

Diana M Any rulings on the licensing issue yet ?

[ScottishSolicitor]

Diana M Any rulings on the licensing issue yet ?

That would be of great interest to me as well for some of my cases

[Ruby]

User457, so much of what you are going through I have been through with Nolans. They are so unprofessional that I have made a formal complaint about them to the Scottish Legal Complaints Commission. How on earth they are allowed to call themselves 'lawyers' god only knows!!!!

They are nothing more than chancers - (bad ones at that!)

[User457]

Agreed, problem is I need to send some sort of response by Friday, I know I should argue the default notice point but I’m unsure how to... not being in the legal trade, I don’t know what to respond with ?? Any help much appreciated ?

[Ruby]

In post 74 you have stated:-

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. The original loan agreement.
2. The assignation of the debt.
3. Proof of intimation of the assignation upon the respondent .
4. Default notice.
5. Proof of intimation of the default notice.
6. Statement of account.

Have you received every last bit of that information?

[Ruby]

Whether they needed a default notice to make a court claim is questionable (Amethyst post 93) however surely a Notice of Assignment is compulsory? Can't see user 457 posting one?