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Cabot Financial - Simple Procedure (Scotland)

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  • Originally posted by User457 View Post
    What is worse case scenario ? They produce and then what ? I need to appply for time to pay ?

    When on the receiving end of a Claim/Writ you have to deal with two things in order to have a successful outcome. Both are equally important.

    First and foremost is 'law' (obviously) and the Consumer Credit Act applies in Scotland even though it's a different legal jurisdiction.

    Second is the legal procedure and the tactics involved.

    I think it may be wise for you to take advice from a lawyer who practices in Scotland such as ScottishSolicitor since no matter how much law you absorb on the internet you will still need to get that across in court which is the hard part for a Litigant in Person.

    Di

    Comment


    • Originally posted by Diana M View Post


      You've already posted the Brunt Judgment in post # 4 on this thread >

      http://legalbeagles.info/forums/foru...40#post1114740

      Di
      Im also old and senile so youll have to forgive the fact that i cant remember what did last week
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • Originally posted by Amethyst View Post
        Wonder if the column headers have been redacted for a reason - do these two dates look like last payment then default date ? Click image for larger version

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        Looks like the last payment date and default date.... matches default date on my credit file.... and last payment date, matches the statement they provided from original creditor.

        Comment


        • Originally posted by Ruby View Post
          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?
          Isn't that pg 7 of the attached here ?
          Attached Files

          Comment


          • ScottishSolicitor
            I will get everything sent over to you tonight to have a look.
            Everything is already on here, but will send over anyways ?

            Comment


            • Originally posted by User457 View Post
              ScottishSolicitor
              I will get everything sent over to you tonight to have a look.
              Everything is already on here, but will send over anyways ?

              Any documents you send to a solicitor don’t need to be redacted unlike things which you post on a public internet forum thread.

              The devil is in the detail, so when a lawyer runs forensics over paperwork they’ll be looking for the less obvious

              Di

              Comment


              • Originally posted by Diana M View Post


                Any documents you send to a solicitor don’t need to be redacted unlike things which you post on a public internet forum thread.

                The devil is in the detail, so when a lawyer runs forensics over paperwork they’ll be looking for the less obvious

                Di
                I haven't really redacted anything, the only thing i have removed is my name, address and case / reference / account numbers... everything else is what I got.

                Comment


                • I have now instructed a solicitor to hopefully finalise this matter.

                  Comment


                  • Good luck with it, please let us know how you get on xxx
                    #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


                    • I think this si the most sensible route to go down. Good luck.
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                      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.
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