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SCOTLAND- Simple Procedure Claim, Cabot Vs Me!

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  • SCOTLAND- Simple Procedure Claim, Cabot Vs Me!

    I received a SPC in August '21 from N0lans on behalf of Cabot who purchased a Credit Card debt from Lloyds BG- details below.
    N0lans/Cabot have failed to provide any Default Notice to date and this has been my main 'defence'(?) so far. The Sherriff has scheduled a case mgmt discussion next week, 27th Jan.
    I have today received documents on Civil Online (attached in next post)


    Are N0lans correct that they do not need any Default Notice for this claim?? Any advice would be much appreciated as I am losing sleep over the matter.

    24 June 2009, Respondent entered Credit Card Agreement with Lloyds BG under which the Respondent borrowed from them a sum of money repayable on demand. Said agreement regulated under the
    Consumer Credit Act 1974.
    The date of termination was 20 March 2012.
    2.The respondent failed to pay as agreed on demand and is in breach of contract with said LBG.
    3.The said supplier assigned all rights in the said debt to Cabot Financial on 24 June 2016 and the Claimants have advised Respondent of same.
    4.The last payment was made to account on 5th December 2019. The sum of £3120 is the sum sued for.
    5. 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
    .
    Tags: None

  • #2
    docs uploaded now
    Attached Files

    Comment


    • #3
      My understanding is that a Default Notice is important because, once you receive it you have 30 days to rectify the payments on the account. Having not received the Default Notice, you weren't given that opportunity. Also the Default Notice provides other information that you might not be aware of, i.e. what you should do regards the debt, seek debt advice from organisations etc.

      Celestine

      Comment


      • #4
        This is a common claim by Cabot that needs to be challenged. You may well have a host of other defences too that you are unaware of. I am unable to open the attachments however

        Comment

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