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I need help URGENTLY - court in 2 days!

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  • I need help URGENTLY - court in 2 days!

    I need advice on a debt to Cabot Financial in the sum of £5900 that my wife is being pursued for by Nolans Solicitors.

    In January 2022, we received court papers from Nolans solicitors saying that they intended taking my wife to court for an unsecured £5900 debt to Cabot Financial. It gave us 21 days to respond. We responded that we intended to defend the case. My wife, suffering from severe PTSD and postnatal depression after a difficult birth, didn’t recognise the debt as detailed in the writ so I immediately made a CCA request. The date of the last known payment and various other details on the writ didn’t seem to add up. Request was received by Cabot (signed for) on 7th Feb 2022. I received no acknowledgment or response to said request. Fast forward to July and the case was called in court and was sisted after I brought to Nolans attention my wife’s mental health issues.

    In September, in the absence of ANY paperwork or proof whatsoever, I made Nolans an offer to settle the account in full for £1500. They said that the offer looked likely to be accepted but would need to be forwarded to Cabot for their approval. I finally received a PDF credit agreement from Cabot on Friday but only 6 days before court but still no statement of account or details or amounts paid and when. Fast forward to this morning 24/10/2022, I reserved a letter, refusing said offer. I now have only 2 days to get our ducks in a row.

    I think the very late response by Nolans is designed to throw us off course. Throughout the saga they have sent recorded deliveries to my partner with the wrong name, they have sent papers telling her to attend the wrong court and this latest late response seems to be yet another underhanded tactic to make sure she doesn’t attend court.

    I’m out of my depth with this slippery firm. Can anyone offer any advice? Thanks in advance.

    Tags: None

  • #2
    To enable us to help, can you please explain the grounds on which the case is being contested, as set out in your wife's Defence submitted to the Court.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      atticus Initially, she didn’t recognise the debt. The writ had said there was a payment made in June 2020 which I couldn’t trace. Hence my decision to contest the case as it was set out.

      Comment


      • #4
        That and the fact that they wouldn’t provide any details of the debt.

        Comment


        • #5
          Well, you will have to prepare to prove the defence. Part of this may be that the Claimant has not proved its claim.

          Work out what evidence supports your wife's case, and make sure that you can explain this to the judge. Do not expect him to see the necessary points: if you think they are staring him in the face, then make sure he sees and understands the points you need to make.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            ScottishSolicitor are you still around?

            Comment


            • #7
              Yes I am still here and can almost certainly assist with this. I will pop you a PM

              Comment


              • #8
                Make sure that you notify the Judge that you requested information/report papers, especially the CCA as without that document the case fails, and nothing has been forthcoming, I believe that offering a settlement needed to be mentioned as you just wish at the time to be done with the case for your wife's safety.

                Comment


                • #9
                  sounds as if the old trick of:- pulling out the last minute save as to cost by them.?? no paperwork no case maybe?

                  Comment


                  • #10
                    ScottishSolicitor Thanks for this, sadly I just got the message now.

                    I attended court today, think it might have been a bit of a disaster. I told the Sheriff that we hadn’t received any paperwork re the CCA. He said that that in itself wasn’t a defence.

                    The Nolans solicitor then said he had posted the relevant paperwork to me yesterday. That arrived 2 hours after the hearing.

                    I received the following…

                    1. Agreement between RateSetter Lenders and Defender dated 9th July 2015
                    2. Default notice issued to Defender dated 18th September 2017
                    3. Statement of account in relation to loan agreement
                    4. Statement of account issued by the Pursuer in relation to debt owed by Defender
                    5. Email from Defender to Pursuer dated 12th May 2022

                    The statement, as suspected, doesn’t include the phantom payment detailed on the initial writ. Not sure where to go now. Is this all the paperwork they’d be expected to produce?

                    Case has been continued until 10 November 22.

                    Comment

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