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

[mystery1]

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

They can send what they like but if it isn't a true copy then it's bogroll.

M1

[Ruby]

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

posted from the Govan Law Centre Website:-

• When an individual enters into a ‘consumer credit agreement’ or ‘hire-purchase agreement’ which is not signed on the premises of the lender or owner, they may have an opportunity to change their mind, and cancel it. This is know as the ‘cooling-off period’ (cancellation provisions are set out in ss.67-73 of the 1974 Act).
  
• The ‘cooling-off’ period begins when the debtor or hirer signs the agreement – it ends 7 days after the copy or second statutory notice is received by the debtor or hirer. If you decide to cancel your agreement this must be done in writing – obtain legal advice from a solicitor or help from an advice agency advisor if you are in doubt.
  
• When you enter into a consumer credit agreement regulated by the 1974 Act, the agreement must be in the proper prescribed form (as set out in the Consumer Credit (Agreement) Regulations 1983, SI 1983/1553). This requirement is designed to protect the debtor, as the prescribed form contains important information and details of debtor protections and remedies under the 1974 Act.
  
• The agreement must also be properly signed by both parties. You are legally entitled to a copy of the agreement (ss.62-63 of the 1974 Act).
  
• If your agreement is not in the proper prescribed form or was improperly executed (signed) it may only be enforced by order of the sheriff court (s.65(1), 1974 Act); it may be that the agreement is not enforceable at all (subject to the discretion of the court).

[Mineral1]

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

Dear Cabot,
It is not very often that I write to a credit company with a compliment. In fact I never have.
Some time ago, like so many people, I got into financial difficulty and ended up having to come to an arrangement to pay off my small debt.
Because I am on a pension I am able to make only small payments each month. However, in all of the time I have been phoning in my payments, I have always been spoken to in a most courteous and helpful manner by your staff. Not once in the past year or so have I ever detected a hint of impatience or annoyance. What a refreshing change from so many "rottweiler" type collection companies.
You guys get a lot of bad press, so I thought you would like to get some positive feedback for a change --- I believe you really do care about your customers. Full marks.
By the way, I am now making payments online which is extremely useful.
Yours sincerely
Mr S J

I would like to take this opportunity to tell you how helpful Gill was on my account. She is an asset to your company. Most of the staff whenever I call are always helpful and considerate with such personal matters as debt!
Many thanks for your support - and finally I will be paying my next instalment on Monday.

Some of the glowing praise from both satisfied customers.... Maybe Cabot want to allow comments from the other 99.999999999999%
Hit em hard Ruby!!!
:tongue2:

[Ruby]

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

Keep your fingers crossed for me for Friday and I will be reporting back. I feel much more confident about my case after today,

[MissFM]

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

Hi Ruby,

Just adding my very best wishes for all the luck in the world tomorrow xx

[Amethyst]

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

Update for Ruby's thread

Today, 16:09:PM #24
Ruby
VIP Member


Join DateMay 2009Posts1,054Thanks (Given)1594Thanks (Received)1268Mentioned2 Post(s)


Re: % of CCJ cases that are won compared to lost ?

Update - Case stopped !!!!!

Cabot's rep said that Cabot are still requesting compliant paperwork from the original creditors however we stated that it is now well into the fourth month since Cabot received our CCA request and they have had more than enough time to supply the compliant paperwork. Judge agreed - and the case has been stopped.

Once again I would like to thank all those who have helped me and encouraged me to fight the good fight. Special thanks to Amethyst, FP, M1 and PT - you are earth angels It took me a while to get my head around all the issues involved and your patience and guidance has been very much appreciated.

On the side, I found a piece of paperwork which I am sure was not meant for my viewing pleasure. Cabot bought the two accounts for £140 - they were taking us to court for just over 4K!!!! I am sure once they have paid the court fees and the solicitors who represented them, it would have cost them a lot more than what they paid to buy the accounts - JOB WELL DONE aw:

Last edited by Ruby; Today at 16:23:PM.

[Nibbler]

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

Congratulations.

Stopped?

[Ruby]

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

On Friday we received this from Nolan Solicitors:-

We refer to the above matter in which we act on behalf of Pursuers (Cabot), As you are aware this cased has been sisted since 9th January 2015. We enclose herewith First Inventory of Productions that have been lodged at Paisley Sheriff Court enclosing a copy of the original Application Form that you had made in respect of the credit card that you took out with Halifax plc. We enclose a copy of the Statement of Account from period 7th October 2008 until 10th May 2010. We would now expect you to either make a stateable defence or come forth with settlement proposals.

We look forward to hearing from you within the next 21 days.

My first reaction is to send them a letter stating the following:-

Thank you for your recent letter enclosing the original application form (in which in your first inventory of productions you refer to as a Credit Agreement) and statement of account.

If Nolan recall, the reason the court case was sisted on 9th January 2015 is because the documents produced (which you have re-copied in your letter) were not sufficient to enforce action and did not comply to the Consumer Credit Act 1974.

If Nolan once again insist on pursuing this case I shall once again defend myself in the court of law.

Yours faithfully

[Ruby]

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

There were two accounts bunched together the last time and I think perhaps the thought process behind their actions this time round maybe that they have a slightly better chance with one? The credit card was taken out on 2006 with Aqua and defaulted many, many years ago. There was no Notice of Assignment to Cabot. As you can imagine a CCA in 2006 by Aqua was floored to say the least!

[Ruby]

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

Any advice would be gratefully received ......

[Ruby]

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

• When you enter into a consumer credit agreement regulated by the 1974 Act, the agreement must be in the proper prescribed form (as set out in the Consumer Credit (Agreement) Regulations 1983, SI 1983/1553). This requirement is designed to protect the debtor, as the prescribed form contains important information and details of debtor protections and remedies under the 1974 Act.
• The agreement must also be properly signed by both parties. You are legally entitled to a copy of the agreement (ss.62-63 of the 1974 Act).
• If your agreement is not in the proper prescribed form or was improperly executed (signed) it may only be enforced by order of the sheriff court (s.65(1), 1974 Act); it may be that the agreement is not enforceable at all (subject to the discretion of the court).

The above quoted is from the Govan Law Centre.

From the above I believe I have a 50/50 chance due to 'subject to the discretion of the court'.

As I am two years out of date can anyone tell me if the following still stands?

1. Default Notice and a Notice of Assignment should be present. (To date I have yet to see a copy of either document)
2. Section 61 (1) of the Consumer Credit Act 1974 defines what constitutes a properly executed agreement

[Amethyst]

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

Morning Ruby xxx Having a read back

[Amethyst]

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

Okay so at the original hearing ( back in 2015 ) the case was just stayed ( ''sist'' ) rather than struck out or discontinued etc and they're just, 2 years later, trying to pick it back up and still without the correct documents ??


Have we already got a copy of the 'application form' up on the thread (I'll have a mooch back through)

They do say they have lodged these documents at the court

First Inventory of Productions that have been lodged at Paisley Sheriff Court

so it sounds like that is basically an application to lift the stay and request a judgment - have they enclosed anything else other than that letter, the app form and the statement - any form sent to the court etc ?


This is the same as what they have enclosed?
Aqua Letters and Agreement March 2010.pdf


And this all still applies ?

As for Aqua, they did not enclose the correct reconstituted agreement. I happen to have the very first statement received after the account was opened back in 2006 and it contradicts the APR/Charges that were mentioned in the reconstituted document. Also there is a contradiction with regard to the bank name and address supplied on the reconstituted version. As I understand it under this banner the account remains unenforceable until such time they come up with the right documentation.

[Ruby]

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

Same documents have been sent, albeit on the Credit Card Agreement it states Halifax and Not Bank of Scotland as previous.

According to Section 61 (1) the obvious missing components are:-

Credit Limit
Different default charge amounts (I still have a copy of the very first statement sent)
No tick box/signature

There is also no NOE, Default Notice or any variation of T & C's during the term of the credit card that has been included in the paperwork.

They state in their letter that they have lodged a First Inventory of Productions with the Sheriff Court.

[Amethyst]

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

Credit Limit - as it's a credit card they don't have to state a specific limit - the part that says 'We'll decide and let you know'' is enough with that example for total charge for credit.

Default amounts - there was a change between when the agreement was printed and you signing it / starting the account - so the statement will have ( at a guess) £12 charges on, as after April 2006 they all changed to £12 following the OFT report.... but the application is dated February 2006, although you didn't complete it till July 2006.

Signature looks like it's been covered over above the handwritten date ? was that something you did or something they did ? does it have your correct name and address on it at the top?

Their sign is missing - so unexecuted ?

The General Card Conditions need to be provided ( as well as being mentioned at the bottom there is reference to provision 12.2 which isn't on that page - thus it is incomplete )

Doesn't seem to refer to Aqua anywhere in it. Just Halifax ( which of course are BOS too).

And of course they need to provide the terms as varied before the account defaulted.