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

[Amethyst]

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

Right. Sorry it's got a bit confusing.

So you want to respond to Nolan to put them off the application for summary judgment really.

Maybe just point them to the CCA 1974 s.87.

Or was the account terminated without you breaching the agreement btw? If so, have they provided notice of termination ( they have to give 7 days notice of termination in non-default cases - s.98 CCA I believe)

And which agreement are they referring to - Aqua or Vanquis ? Did both default due to failure to make payments ? or withdrawn for another reason ?

[Ruby]

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

Lol, I appreciate it is confusing.

So you want to respond to Nolan to put them off the application for summary judgment really. Yes

Maybe just point them to the CCA 1974 s.87. I did. I even referred them to the high court hearing of Harrison v Link Finance

Or was the account terminated without you breaching the agreement btw? If so, have they provided notice of termination ( they have to give 7 days notice of termination in non-default cases - s.98 CCA I believe) No, the accounts were both defaulted (reported as such on credit reports for six years). I do not however remember receiving a default notice. Considering how old these accounts are, its not surprising memory is a bit hazy!

However, if as they claim the accounts were NOT defaulted (why were they reported as such with credit agencies then?) then Nolans/Cabot should supply me with a notice of termination?

And which agreement are they referring to - Aqua or Vanquis ? Did both default due to failure to make payments ? or withdrawn for another reason ? Both defaulted, as reported with credit reference agencies

[Ruby]

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

Incidentally, when I wrote to Nolans complaining about the confusion of bundling two accounts together, they said that they did that to save me the cost of two court cases. How very kind of them !!!!!

[Ruby]

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

Do you think its worth mentioning PRA v Diana Mayhew in my response to Nolans? ie no NOA for either accounts

[Ruby]

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

Section 61 (1) refers to signing of agreement. Does that include applications made on line?

Does anyone know?

[Ruby]

Don't you just hate it when you are reading someone's thread and there is no conclusion?!

Here's the conclusion to this one:-

Hubby and I attended court today for a proof hearing only to discover that Nolans asked for the case to be discontinued and are legally obliged to compensate us for time spent preparing for and attending court!

After all that preparation that was spent has lead to this day!!

Why? Maybe they realised we called their bluff lol.

Thank you all for your support during this period especially to Amethyst, who is a total gem!

When we left the court room a solicitor pulled us aside offering his assistance in preparing submissions for expenses and loss of earnings compensation (for a fee of course!) I feel that we have done the hardest bit of all and deserve to keep all the compensation for ourselves.

Has anyone been in this situation themselves and knows what and how much we can claim for representing ourselves? The loss of earnings side is easy, we can easily produce evidence of such.

[skilganon]

Hi
I do know a costs expert who will get the most out of this for you, he will however charge for his services but is very reasonable and is an expert when it comes to costs, did the court say that you were entitled to costs ? was the case small claims track or fast track ?

[Ruby]

Hi, we are based in Scotland. Don't know if the cost expert you know is familiar with our court process?

[skilganon]

Hi, we are based in Scotland. Don't know if the cost expert you know is familiar with our court process?

I honestly dont know, i can always ask him. i will send him a message.

[skilganon]

Hi, unfortunately he is not familiar with the process north of the border, i am sorry.

[ostell]

So it's congratulations and hope the information comes through. How about starting with the English Litigant in Person rate of £19 per hour for the time you spent? Then postage and printing costs, telephone calls, travel, parking.

[Ruby]

English Litigant in Person rate of £19 per hour -

In Scotland I believe it to be £18 per hour

[Amethyst]

Don't you just hate it when you are reading someone's thread and there is no conclusion?!

Here's the conclusion to this one:-

Hubby and I attended court today for a proof hearing only to discover that Nolans asked for the case to be discontinued and are legally obliged to compensate us for time spent preparing for and attending court!

After all that preparation that was spent has lead to this day!!

Why? Maybe they realised we called their bluff lol.

Thank you all for your support during this period especially to Amethyst, who is a total gem!

When we left the court room a solicitor pulled us aside offering his assistance in preparing submissions for expenses and loss of earnings compensation (for a fee of course!) I feel that we have done the hardest bit of all and deserve to keep all the compensation for ourselves.

Has anyone been in this situation themselves and knows what and how much we can claim for representing ourselves? The loss of earnings side is easy, we can easily produce evidence of such.

Bloody hell, that's really annoying ( I mean it's good news regarding the claim... but annoying that they do this without notifying you so all the anticipation/prep/travel/ timeoff etc is just wasted !)

I think i'd just send a letter to Nolans stating your costs for the day and litigant in person costs for the prep - ScottishSolicitor likely to be best to know how it works in Scotland. I'll have to have a read through the CPR (well your version) on costs...they would be minimal and I know here you only get actual costs in small claims ( so like £100 for the day off and parking and nothing for your hours of prep ) -- you'd be looking at wasted costs really ( do you know when they discontinued the case ? here they are obliged to inform you at the same time as the court )

[Amethyst]

I think this is the relevant part ?

So discontinuance is called abandonment ? this form - http://www.scotcourts.gov.uk/docs/de...e.pdf?sfvrsn=4 ?

9.8 How can a claimant abandon a claim?

(1) A claimant may abandon a claim any time before the sheriff decides a case by sending an Abandonment Notice to the respondent.

(2) That claimant must at the same time send the court a copy of the Abandonment Notice with evidence that it was sent to the respondent (for example a postal receipt or a copy of an email).

(3) When the court receives the Abandonment Notice, the sheriff must give the parties written orders.

(4) Those orders may dismiss the claim.


(5) Those orders may do one of three further things:

(a) order that no expenses are to be awarded to any party,

(b) order that a sum of money is to be paid to a party or to a party’s solicitor, as assessed by the sheriff clerk, or

(c) arrange an expenses hearing (see Part 14).

Seems that the sheriff has to do an order ? ( did the actual hearing happen at all so you could inform the sheriff that you hadn't received the notice of discontinuance ( abandonment) ?


Otherwise costs seems to be this part. Which doesn't seem particularly helpful.Well,Ho
http://www.scotcourts.gov.uk/docs/de...4.pdf?sfvrsn=6

[ScottishSolicitor]

I think this is the relevant part ?

So discontinuance is called abandonment ? this form - http://www.scotcourts.gov.uk/docs/de...e.pdf?sfvrsn=4 ?


Seems that the sheriff has to do an order ? ( did the actual hearing happen at all so you could inform the sheriff that you hadn't received the notice of discontinuance ( abandonment) ?


Otherwise costs seems to be this part. Which doesn't seem particularly helpful.Well,Ho
http://www.scotcourts.gov.uk/docs/de...4.pdf?sfvrsn=6

I should be able to help but dont have the time to read 12 pages of posts. So, can you please summarise the facts -

1 Was this an Ordinary Cause action?
2 Have Nolans now abandoned the action against you and conceded expenses?

Let me know.