**DISCONTINUED** Cabot Financial Court Summons ( Scotland )

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

Thank you so much for your help xx

I wonder if the court will allow them to lift the stay on the back of the info they produced to them. Just to be make it absolutely clear they have produced nothing new. I wish there was a way I could contact the court and complain. I really could do without attending court again!

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

An update of what has been happening behind the scenes .....

Scans of letter recently sent and received attached.

Any advice/comments would be appreciated.

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

• Download / Print PDF

Time limits for recovering debts

March 2017
This fact sheet tells you about time limits for debts. These are important as if the time limit has passed, you may not have to pay the debt back. It is especially important that you understand time limits if you have old debts. This is so you don't do something that could start the time limit running again.
Use this fact sheet to:

• find out which time limits apply to which debts;
  
• find out when a time limit starts running on a debt;
  
• deal with creditors chasing you for old debts; and
  
• deal with court action for debts past their limit.

The Prescription and Limitation (Scotland) Act 1973

The Prescription and Limitation (Scotland) Act 1973 sets out the rules on how long a creditor (who you owe money to) has to take certain action against you to recover a debt. The time limits do not apply to all types of recovery action. Also, the time limits are different depending on the type of debt you have.
Limitation periods for debts are important, because if the creditor has run out of time, you may not have to pay the debt back.

Time limits

In Scotland there is a time limit of five years or 20 years (depending upon the type of debt) on taking legal action to claim money owed.
Unsecured credit debts

This includes credit cards, store cards, bank and building society personal loans, catalogues, old energy bills, finance company loans and similar agreements. They are known as 'simple contract debts'. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought that the debt had been written off.
You need to think carefully about any action that either you or the creditor has taken over the last five years.
You can argue that the debt is ‘extinguished’ if:

• the creditor has not already obtained a decree (a court order for payment) against you; and
• you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
• you have not written to the creditor admitting you owe the debt during the last five years.

This means that it no longer exists and there is no debt for the creditor to pursue.

• Download / Print PDF

Decrees in the sheriff court - applying for recall

November 2016
Information:

changes to court procedures

On 28 November 2016, the court procedures for dealing with most debts of £5,000 or less changed to the simple procedure. The information in this fact sheet is based on our understanding of the new rules. It is not yet clear how the new rules will be applied in practice.

Use this fact sheet to:

• find out what a decree is;
  
• understand when you can apply for recall of a decree in simple procedure actions;
  
• apply for recall of a decree within the correct timescales in simple procedure actions; and
  
• get advice on companies who offer to remove decrees from your credit file for a fee.

Which court procedure do I use?

What is a court decree?

If you are in debt but cannot keep up with your repayments, you can try to negotiate with your creditors to pay the debts back in affordable instalments. However, your creditors may not always accept the offers that you make. If you cannot come to an arrangement with a creditor to pay back what you owe, they may make a claim through the sheriff court to get a ‘decree’ against you. This should be a last resort. A ‘decree’ is a court decision which confirms what you owe. A decree may tell you how the debt should be repaid. In the simple procedure, a decree may be granted when the sheriff makes their 'decision'.

• You will receive a 'Claim Form' and 'Response Form' through the post telling you how much the creditor says you owe.
• You have the opportunity to reply and ask the court for time to pay the debt back in instalments.
• If you do not reply, your creditor could take further steps to get their money back. However, it may not be too late to deal with the decree and to prevent further action being taken against you.

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

So Nolan are trying to say that a Service Copy Writ/Summons is the same as a decree?

Surely that is not correct?? @Amethyst HELP

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

Anyone with a 'legal brain' please HELP

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

There are times when you doubt your own self and wonder if its you that is going mad!

Surely a writ/summons is VERY different to a decree???

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

bump please

[mystery1]

Re: Ok, its now my turn - Cabot Financial Court Summons

Surely a writ/summons is VERY different to a decree???

One starts the process and the other ends it (subject to appeal)

Very different.

M1

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

National debtline info on their website is slightly misleading!

It seems that a Writ/Summons is all that is needed to stop the debt being statute barred (as long as the Writ is submitted in time).

[mystery1]

Re: Ok, its now my turn - Cabot Financial Court Summons

National debtline info on their website is slightly misleading!

It seems that a Writ/Summons is all that is needed to stop the debt being statute barred (as long as the Writ is submitted in time).

They say different ? Wow.

Prescription (statute barred in Scotland) is a bar on commencing proceedings (and the debt expiring as a result). Proceedings can take an inordinate and undefined amount of time.

Of course you cannot start proceedings to beat the deadline then just stall for time.

M1

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

Of course you cannot start proceedings to beat the deadline then just stall for time - That is EXACTLY what Nolans/Cabot have done!

Extracted from the National Debtline website:-

• Download / Print PDF

Time limits for recovering debts

March 2017
This fact sheet tells you about time limits for debts. These are important as if the time limit has passed, you may not have to pay the debt back. It is especially important that you understand time limits if you have old debts. This is so you don't do something that could start the time limit running again.
Use this fact sheet to:

• find out which time limits apply to which debts;
• find out when a time limit starts running on a debt;
• deal with creditors chasing you for old debts; and
• deal with court action for debts past their limit.

The Prescription and Limitation (Scotland) Act 1973

Time limits

In Scotland there is a time limit of five years or 20 years (depending upon the type of debt) on taking legal action to claim money owed.
Unsecured credit debts

This includes credit cards, store cards, bank and building society personal loans, catalogues, old energy bills, finance company loans and similar agreements. They are known as 'simple contract debts'. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought that the debt had been written off.
You need to think carefully about any action that either you or the creditor has taken over the last five years

You can argue that the debt is ‘extinguished’ if:

• the creditor has not already obtained a decree (a court order for payment) against you; and
• you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
• you have not written to the creditor admitting you owe the debt during the last five years.

This means that it no longer exists and there is no debt for the creditor to pursue.

[mystery1]

Re: Ok, its now my turn - Cabot Financial Court Summons

In Scotland there is a time limit of five years or 20 years (depending upon the type of debt) on taking legal action to claim money owed.

This covers it in my opinion.

Slightly muddled by

You can argue that the debt is ‘extinguished’ if:

the creditor has not already obtained a decree (a court order for payment) against you

Which, whilst true, is confusing where there is an overlap.

Of course you cannot start proceedings to beat the deadline then just stall for time - That is EXACTLY what Nolans/Cabot have done!

If the claim is/was sisted you should complain to the court and make a motion for absolvitor.

M1

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

I have what I believe to be out of date info on what defines and constitutes a properly executed consumer credit agreement. I have been searching on the website but haven't had much luck. Could someone help, or send me a link please?

This is relevant to a a credit card taken out in December 2006 and apparently signed digitally on the internet.

[Amethyst]

Re: Ok, its now my turn - Cabot Financial Court Summons

This might help https://www.legislation.gov.uk/ukpga/1974/39/section/61

[Ruby]

Re: Ok, its now my turn - Cabot Financial Court Summons

(a)

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and


So both parties have to sign the agreement, even if its a digital application?

Is it acceptable for the terms and conditions (cough!) consumer credit agreement to state the following:

Parties
a) Vanquis Bank Ltd whose registered office is at Colonnade, Sunbridge Road, Bradford, Yorkshire (we, us our): and
b) The person signing this agreement and whose name and address is stated on the Reply Card or your application (you, yourself, your)


The terms and conditions/credit agreement Nolans have sent could literally belong to anyone under the sun. It only makes a reference to look elsewhere