Cabot and Nolans help please

[Lottie30]

Hello

I’m hoping someone on here can help me.



Years ago (young and stupid) I defaulted on a credit card buried my head in the sand. I hadnt heard anything for years.



a few weeks ago I received a letter from Nolans solicitors with a notice of intention to serve charge and attachment. (I actually dont even know what this is) this is the first contact Iv had from any company about this debt in at least 4 years despite them stating otherwise.



I was under the impression that with Scottish law that this debt would be statue barred under the prescription and limitation act after 5 years in Scotland. No payment or contact had been made since June 2016.


Nolans have backed off for the time being although they are extremely threatening and rude!



i received a letter from Cabot stating that they took me to court and a decree was obtained in March 2021

I have no paperwork or anything to say that this was happening or has happened??


Can anyone advise on what I should be doing now?



Thanks in advance

[Lottie30]

Scan 15 May 23 · 12·35·22.pdf

[echat11]

a) a few weeks ago I received a letter from Nolans solicitors with a notice of intention to serve charge and attachment. (I actually dont even know what this is) this is the first contact Iv had from any company about this debt in at least 4 years despite them stating otherwise.

An attachment order is an order that is executed over your moveable property, which means property like cars, but not your home or land. It also cannot be used against property contained in your home.

b) I was under the impression that with Scottish law that this debt would be statue barred under the prescription and limitation act after 5 years in Scotland. No payment or contact had been made since June 2016.

That might be the case, but the Courts and creditor need to be made aware that the debt is Statute Barred under the limitation act. It's not a 'automatic' thing that's going to happen.

You could have defended the claim stating limitation act.

Once a Decree was obtained, you had 30 days to act.

c) Nolans have backed off for the time being although they are extremely threatening and rude!

The best thing is to communicate with them via letters / emails.

d) i received a letter from Cabot stating that they took me to court and a decree was obtained in March 2021

If you don't believe that to be the case, then check with the Court / Records.

Also send Cabot a SAR request, they have 30 days to provide all the data on your account.

https://legalbeagles.info/library/gu...ccess-request/

e) I have no paperwork or anything to say that this was happening or has happened??

Do as advised in (d).

Also give CAB Scotland a ring.

(I can't open your attachment)

[Lottie30]

Thank you I shall follow your advise send an SAR and contact CAB. Thanks again

[echat11]

Thank you I shall follow your advise send an SAR and contact CAB. Thanks again

Try not to worry, see if they have followed all the procedures that they should have, DCA etc can be 'cunning', they don't always follow the Rules. If you can update the thread that would be good.

[Lottie30]

Hello I recieved a reply from Cabot stating that they need to me to confirm my identity and proof of address I need to send them 2 pieces of ID one being passport, drivers licence, Construction Industry self-employed (CIS) photographic registration card, Inland Revenue Tax Notification.
And proof of address being, Driving Licence (if not used for Personal Identity). Utility Bill (dated within 90 days), Bank or Building Society Statement, Mortgage Statement, Confirmation of address from the electoral register, Local Authority Tax Bill (current year). Letter states that I need to provide these before they can proceed with the SAR.
Should I sent 2 forms of ID? Iv read on previous posts that you should never send anything with your signature?
many guidance you could give would be greatly appreciated.

Thanks

[echat11]

Hello I recieved a reply from Cabot stating that they need to me to confirm my identity and proof of address I need to send them 2 pieces of ID one being passport, drivers licence, Construction Industry self-employed (CIS) photographic registration card, Inland Revenue Tax Notification.
And proof of address being, Driving Licence (if not used for Personal Identity). Utility Bill (dated within 90 days), Bank or Building Society Statement, Mortgage Statement, Confirmation of address from the electoral register, Local Authority Tax Bill (current year). Letter states that I need to provide these before they can proceed with the SAR.
Should I sent 2 forms of ID? Iv read on previous posts that you should never send anything with your signature?
many guidance you could give would be greatly appreciated.

Thanks

Yes, send what ever you feel comfortable sending, send copies (not the original), without signature.