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

[Amethyst]

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

I think [MENTION=5354]mystery1[/MENTION] is more up on the Scots system (and is better on the CCA issues too) so I'll ask him to have a little look.

[Ruby]

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

Both cards were defaulted during 2009, sorry can't remember exactly when and don't really have much paperwork left. I have just composed a letter to Cabot, copied to the solicitor, Nolan (who do not appear to be listed on the Legal Society Website from what I can see). I have requested a CCA for both accounts and have stated in the opening paragraph that hubby made a CCA request years ago but nothing was forthcoming from either company.

[Amethyst]

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

These peeps? http://www.scotdebt.co.uk/

They're on the Law Society Scotland site.

[Ruby]

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

As you intend to pursue these accounts through the courts with immediate effect I trust you have all the information to hand and will not default on the 12 working day turnaround.

A bit cheaky :tinysmile_twink_t2: but that is how we have concluded the CCA request.

[mystery1]

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

Well it's hard to say much to be honest, without sight of documents.

S78 has nothing to do with s61 etc etc. S78 is pretty much a stand alone part of the CCA. What is required is a true copy of the executed agreement and any document referred to in it together with a signed statement.

Now to know whether it's a true copy or not you need to know how the card was obtained and whether what they sent could possibly match up.

S78 might expose difficulties under the cca such as a prescribed term missing but that posses no problem under s78 itself unless it was originally there in the first place. On that basis it's about what is recalled and that is up to hubby. On the other hand if a s61 problem exists then you've hit the jackpot as s127 (3) comes in to play.

I would get on the bus and go to the Mitchell library and find Civil Procedure & Practice by Charles Hennessy and study it for how to run your case. I admit i have the book but it's years since i read it (the parts i needed to at the time that is) and i know more about the English procedures.


I do note from the statement of claim that they do not assert whether it's a contractual right or a default situation.

You also mention nearly statute barred but not much detail.

M1

[TINKEY2]

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

Hi Ruby,

Something does not look right to me (not that I am any sort of expert) but I have had these cards in the past. On the Claim it states

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. The said suppliers assigned all rights in the said debts to Cabot Financial UK Ltd and the pursuers have advised the defender of the same. The said sum of £4153 is the sum sued for. The pursuers have made frequent requests to the defender to make payment of the said sum bu the defender has refused or delayed to do so.

They are making it look like both cards are Vanquis? and Vanquis is not owned by the Bank of Scotland, it's owned by Provident and also Vanquis Bank??

http://en.wikipedia.org/wiki/Vanquis_Bank

History Vanquis was set up by Provident Financial and licensed for Consumer Credit by the OFT in 2002. It received authorisation from the Financial Services Authority the following year. Initially conceived as a pilot scheme from Provident, it received approval from the parent group to expand in 2004 and relocated to the current Head Office location in London in 2005.
Following extensive marketing and advertising, increased business volumes resulted in the customer services department moving to larger premises at Chatham in 2008, in part of what used to be the Chatham Naval Dockyards and in 2009 Vanquis rebranded, launched new credit cards and won the Credit Provider of the Year at the Credit Today Awards,^[1] something it would repeat in 2010, 2011 and 2012. In 2011 a further call centre was opened in Bradford, and a High Yield Bond product was authorised by the FSA.^[2] Vanquis also received a Passport banking license to operate in Poland in 2012.^[3]

Aqua is Halifax, which is owned by HBOS and HBOS is the holding company and part of LLoyds Banking Group.

http://en.wikipedia.org/wiki/HBOS

It looks to me that Cabot have bought the debts and are trying to enforce and lying to the court! but as I said I'm no expert. A1 IS an expert on Cabot but he's away at the moment. Will get him to take a look when he gets back, he knows all the scullduggery they get up to.

Hope this helps

TINKS X

[skilganon]

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

just to add another possibility which may help,

i know that it does not mention default or a default notice in their POC, but the defendant would have to have defaulted and been sent a default notice under the CCA,

Vanquis had a habit of sending out default notices which were in breach of the CCA section 14, 36 2006, section 14 amended section 88 of the 1974 act.

it may not be the case, but worth a look, if you have a copy of the default notice for the vanquis debt:noidea:

[Ruby]

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

TBH just reading M1's in depth knowledge of sections such and such in contracts and my eyes glaze over.

Thank you all for your support and responses. If it wasn't for you guys I would not have got a wink of sleep last night.

I will be getting myself to the post office this morning and sending a registered letter to Cabot for a compliant CCA request. I intend to copy the letter to their solicitors.

I feel I have a little time to play with (till mid Oct) and once I have a response from Cabots I will post on here and any other documents they claim to have.

It turns out my scanner is not broken I just don't know how to work it! Hubby will be back home this weekend, as he is every weekend and that will give me an opportunity to scan anything for you guys to hopefully dissect.

As you know I am not legally trained however even I find it odd that the summons is for one lump sum and does not give a breakdown as to how much I owe to each company and how the figures are contrived.

[Ruby]

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

I have been routing through the house trying to find as much paperwork as possible on these two accounts and have come back with very little. I cannot find a default notice however I know through credit reference records that both accounts were defaulted during 2009. Hubby has communicated with Vanquis/Aqua in 2012 to get refund of charges. Vanquis refunded however he did not even get an acknowledgement from Aqua. Prior to 2012 the last time hubby was in comms with Aqua was March 2010. The charges equated to almost £1000! (albeit at £12 a pop but usually £24 per month for late payment/over limit.) I have absolutely no idea how they have up with the figure of 4K! there is no breakdown at all.

[Ruby]

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

I have been searching on the site for other cases similar to mine and all cases seemed to be based in England? Bryan Carter and Northampton court get a lot of mention in the threads. Have I missed something? I am wondering what are my chances of Crapbots rolling over? One account with no CCA for starters and both pre 2007 accounts. The CCA request is now away, but I sent it with a cheque for £2.00 (two accounts) not a postal order. I hope that does not matter too much.

[Ruby]

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

I have received a very short letter from the solicitor today stating that they did not receive my cheque for £2.00.. Eh? I sent the CCA request and cheque to Cabot. I assume I did the right thing. Should I have sent the cheque to the solicitors?

I copied the CCA request to the solicitors.

Are they just stalling or was the letter perhaps written by an office junior

[mystery1]

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

CCA request to the creditor. They is stupid.

M1

[Ruby]

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

They is stupid..........

But they do call themselves solicitors :doh:

[Ruby]

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

Time is ticking and still not heard back from Cabot. I am getting a little worried, should hubby be sending anything to the solicitors asking them to disclose any information that they may have? I read alot about CPR requests but is that relevant is our case?

[Ruby]

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

I have just checked the post office tracking system and my CCA request was delivered on the 4th and to date I have received nothing at all from Cabot. What should I do?