Cabot/Nolans solicitors

[Jkbradders]

The sheriff, having heard from the claimant's solicitor and from , pauses the case to allow time for the claimant to obtain and provide copies of the notices of default and termination and statement of account to the respondent. Case paused
This means that all upcoming hearings or discussions in this case have been cancelled. No procedural steps may be taken in this case until the case has been restarted. Either party can ask for this to happen by sending an Additional Orders Application to the court and the other party asking for the case to be restarted.
Both parties should be aware that after six months, the sheriff clerk may write to you directing that a particular step should be taken. If this is not done, the claim may be dismissed

[Pezza54]

Thanks for updating the forum
Hopefully the claimant won't be able to locate the necessary documents and the case is dismissed in 6 months time

[Jkbradders]

Hi just a quick update and further advice required, Nolan's have now lodged a restart of the case and sent apparent default notice and agreement termination letter...I know for a fact these were never received by the original lender.... Nolans are stating to restart and asking for decree as no defence stated, the pause was in place as Cabot had not provided a statement of account or cca agreement, I do have a letter from Cabot from April stating that they as yet do not have the cca and is unenforceable.... what next?

[Pezza54]

"I know for a fact these were never received by the original lender"
Please explain what exactly you mean by this statement and how do you know?

[Jkbradders]

What I meant was I don't ever remember receiving the default notice or agreement termination letters

[Pezza54]

Unfortunately you can't prove you never received them. What you are now stating isn't the same as I know I never received them.
In post 6 you stated you thought MBNA did send a default notice
Have you received a copy of the documents lodged by Nolans?

[Jkbradders]

Yes, default notice, notice of assignment and termination of agreement copies from MBNA, but no cca agreement, however I do have a letter from Cabot saying the don't have cca agreement as yet and is currently unenforceable

[Pezza54]

Cabot is correct
Please read "Debts - why, how & when to ask for the CCA agreement" at www.debtcamel.co.uk

If the court restarts the case, your defence (if the documents you have received all appear to be in order) should be based on the fact that the CCA has still not been provided

[echat11]

Go through the Default Notice, Letter of Assignment etc to make sure they are compliant, just because they have sent them, doesn't mean they are compliant.

a) Nolans are stating to restart and asking for decree as no defence stated, the pause was in place as Cabot had not provided a statement of account or cca agreement,

O.K. so you get the opportunity to file your Defence?

b) I do have a letter from Cabot from April stating that they as yet do not have the cca and is unenforceable.... what next?

That can go into your Defence, Judge will wonder what 'Cabot' are playing at.

[Jkbradders]

How would I know if they are compliant? The initial default notice was just asking for arrears of £85 to be paid, April 2023, the credit agreement ended notice August 23, this states the credit card number and states we have passed this to recovery team and allocated a new reference number... these notices are from MBNA Chester address, assignment notice dated 02 October 2023 is from Lloyds banking group address in Dunfermline stating assignment to Cabot financial UK, the assignment notes the credit card account number but no mention of new reference number detailed in the agreement ended letter. the first Cabot letter dated same 02 October 2023 only states original credit card account number but not the detailed new reference number?
I have tried to upload copies but won't upload?

[Jkbradders]

Okay guys, eventually got to evidential hearing only for it to be delayed until march 26 due to insufficient court time,now, the crux of my defense is that after 11 months,and only 9 days before the hearing a cca agreement was finally lodged, but I know it is the wrong agreement, my sar request shows a new agreement was superseded 3 years after the agreement they have lodged, how can I cover this without lodging the correct agreement and solving their case for them?

[echat11]

Okay guys, eventually got to evidential hearing only for it to be delayed until march 26 due to insufficient court time,now, the crux of my defense is that after 11 months,and only 9 days before the hearing a cca agreement was finally lodged, but I know it is the wrong agreement, my sar request shows a new agreement was superseded 3 years after the agreement they have lodged, how can I cover this without lodging the correct agreement and solving their case for them?

What they should provide is a compliant original copy of the agreement when the account was opened. They should also provide a copy of the agreement / Terms and Conditions if they have been 'Varied' (this is what you've found in your SAR (my sar request shows a new agreement was superseded 3 years after the agreement they have lodged). A SAR isn't part of CPR rules. So they haven't fully complied with your request.

[Jkbradders]

The agreement they lodged was just a copy agreement from the time the card was taken out, just 2 pages,I have the original booklet which is 20 pages and that identifies my name and card number, and the booklet I have matches the agreement they have lodged, however,the claim is for a completely different account and card number,the agreement they lodged contains an intermediary, the later agreement I have, they don't, shows the intermediary removed and a lower Apr, they have also never lodged any statements of account or sent any since assignment

[echat11]

The agreement they lodged was just a copy agreement from the time the card was taken out, just 2 pages,I have the original booklet which is 20 pages and that identifies my name and card number, and the booklet I have matches the agreement they have lodged, however,the claim is for a completely different account and card number,the agreement they lodged contains an intermediary, the later agreement I have, they don't, shows the intermediary removed and a lower Apr, they have also never lodged any statements of account or sent any since assignment

If the following is correct 'however,the claim is for a completely different account and card number'.
then they have failed to 'compile' with your request. They've sent unrelated documentation. The
account is 'unenforceable'.

[Jkbradders]

Yes, but how do I prove it, I don't want to lodge the correct agreement for them to use against me