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

[Amethyst]

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

Aqua I think are NEWDAY Ltd - are NEWDAY BOS ?

mmm yes Aqua are Newday - http://newday.co.uk/partnerships-pro...lestm-and-opus

Credit is provided by NewDay Ltd. NewDay Ltd and NewDay Cards Ltd are companies registered in England and Wales with registered numbers 7297722 and 4134880 respectively and form part of the NewDay group of companies. The registered office for these companies is: First Floor, 11 Tower View, Kings Hill, West Malling, Kent ME19 4RL (until 31/10/2014), Two Pancras Square, London N1C 4AG (from 01/11/2014). NewDay Ltd and NewDay Cards Ltd are authorised and regulated by the Financial Conduct Authority with numbers 0638085 and 0510571 respectively. NewDay Ltd is also authorised by the Financial Conduct Authority under the Payment Services Regulations 2009 (Ref no: 555318) for the provision of payment services. aqua is a trademark of NewDay Cards Ltd, which is used under licence by NewDay Ltd.


So I don't know, are you sure it is the Aqua card?

[Amethyst]

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

Claim says ''2. On 7/1/06 and 15/12/06 the defender entered agreements with Bank of Scotland and Vanquis under which the defender borrowed from them sums of money repayable on demand. The said agreements were agreements regulated under the consumer credit action 1974. The defender failed to pay as agreed on demand and is in breach of contract with the Said Bank of Scotland and Vanquis.''

[Ruby]

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

Yip you are right in that I have received nothing at all from Cabot or the solicitor and the info I have posted is stuff that was sent to us at the beginning of 2010.

[Amethyst]

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

So for the purposes of this, you have not had the credit agreement or any further information. As far as you are aware you have never had a BOS card. You have had a vanquis card in the past but are not sure how much it was or what the terms of the agreement were , if you had one. They haven't responded to your letters and haven't complied with the consumer credit act s.78 and therefore are unable to enforce the debt.

Basically.

[Ruby]

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

I have all along assumed they were referring to Aqua (I do believe they were owned by BOS at one time). Hmmm, the plot thickens! I can hand on heart say we have never had a BOS credit card or loan so I cannot begin to imagine what else it could be. I have had my eyes opened though when I read your thread about DCA's taking court action without paperwork in place - I really find that a shocking practice and I am very surprised that they are allowed to get away with it!! What a waste of court time and tax payers money......

[Amethyst]

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

Indeed ! That's why the changes to the preaction protocols in moneyclaims are so needed. Apart from the fact it will reduce my workload massively lol

[Ruby]

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

Thank you for your input Amethyst. Much appreciated xx

[Amethyst]

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

It was Halifax at one time.... are they BOS or HBOS ? Your CCA says Halifax on it.

Confuses heck out of me.

[Ruby]

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

Halifax and Bank of Scotland are now known as HBOS, can't remember when they became one family. Although our local branch of Bank of Scotland never rebranded to HBOS. As you say, confusing.

[Ruby]

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

Just done some research - Halifax and Bank of Scotland merged in 2001 and then bought over/joined by Lloyds TSB in 2009. Now TSB are on their own owning the Scottish accounts.

Now if you ever get asked the question in a pub quiz you will know the answer :tinysmile_twink_t2:

[Ruby]

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

Time is running out to submit our defense and still not heard anything from the solicitor or Cabot. I have only had a letter from Cabot saying that they are investigating the complaint. I am concerned that the solicitor may just turn up with enforceable CCA's at court and leave us in a difficult position to defend ourselves.

Any ideas on wording the court documents? We have notified the solicitor in the meantime that we intend to defend the claim.

I am thinking of including in our defense that we have done a CCA request to both the pursuer and the solicitor and that the account/s are in dispute (albeit only since the court papers arrived) however the accounts were also in dispute several years ago with the original lenders over non compliant CCA agreements (especially in Vanquis's case!) and charges.

[Ruby]

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

Bump

[Amethyst]

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

Sadly it is a 50/50 whether they will show up with the documents, I do keep forgetting you are in the Scots system, but if they did show up at the hearing with the documents then you should ask for an adjournment (not sure what they call it in Scotland I'm sorry) to consider the documents.

So when does your defence need to be in ? is it tomorrow?

[Ruby]

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

Its the 17th - I know its still a week away but the kids are off school next week and I won't have much of a chance to concentrate on this matter and certainly I won't be able to phone anyone for advice as my daughter has elephants ears and worries like her mum!

I guess I will have to remember that hopefully the judge is human. Is the Vanquis document we were sent in 2010 enforceable? I recon that is the worst they can possibly turn up with - best is nothing!

[Amethyst]

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

Okay we'll work on it tomorrow then xxx

If they come up with the same docs Vanquis sent you then they could get by with them, sorry I know that's not what you'd like to hear, they SHOULD give you the full signed agreement as the agreements were signed before 2007. I'll get together some bits for you in the morning to cover that eventuality just in case.