I uploaded my written submissions (2 of them) and have received this gumph from N0lans today!!
They really are willing to try anything!
Any advice on CMD tomorrow or just focus on the content within my submissions?CG submissions 1.pdf
CG Nolans submissions.pdf
CG submissions 2.pdf
N0lans have uploaded these docs today ahead of CMD next week on 27th....
Any advice much appreciated! @dx100uk @Andyorch
Part 2 CCA.pdf
Written Submissions edit.pdf
Thanks dx. Shall I just file another IOA requesting to dismiss, C2 enter....
The claimant is misleading the Sheriff.
There is no such legislation in the annotated version of section 87 of the CCA1974 with regards to requesting arrears or instalments, without the need of service of a default notice.
The Claimant must prove and evidence that a default notice was issued to enable the creditor/owner to proceed any litigation to enforce the agreement.
Are Nolans correct in what they are saying on their Response about no DN required?
Just reading upon requirements for a DN ....
Requirement for a default notice
Section 87 of the Consumer Credit Act 1974 necessitates service of a default notice on a debtor or hirer before a creditor or owner may become entitled by reason of any breach by the debtor or hirer of a regulated agreement to do any of the following:
Terminate the agreement;
Demand earlier payment of any sum;
Recover possession of any goods or land;
Treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred; or
Enforce any security.
Order of Sheriff received this AM rejecting my IOA to dismiss. Still no DN from Nolans, they won't be issuing one by the looks of their response to my IOA.
Order of the Sheriff.pdf
N0lans have today filed the written submissions and Incidental Orders application that they posted me and these have been lodged on Civil Online- have attached Written Submission as it is a clearer copy
Written submission 2610.pdf
Attached… so in effect the form and ‘letter’ from the scammers has not been lodged with the court as they rejected it so the most recent update is the order of the Sheriff on 21st October
IO response 23-10-21.pdf
Court response 11 oct.pdf
Have returned from abroad today and got this in the mail recorded delivery from Nolans.
this was in response to my incidental orders application on 5th October.
they tried to upload this along with their own incidental orders form, rejecting mines, to civil online but the documents were rejected as the clerk said they were not filled in correctly.
the Sheriff then issued the orders above on 21st October.
Sat, 23 Oct 2021, 11:26 4.pdf
Sat, 23 Oct 2021, 11:26 5.pdf
Still no Default Notice issued… order of sheriff issued today
Can’t upload pdf so have copied the text
21 October 2021
The Sheriff orders the claimant to take the following step by : 19 November 2021
1. lodge online copies of all documents they intend to rely upon to establish their claim.
Possibility of dismissal
The sheriff considers that taking the steps listed above is necessary for the progress of this case. The claimant is warned that
unless these steps are taken, this case will be dismissed without further warning.
If the step listed above are not taken then the sheriff dismisses the claim against the respondent.
Signed by:
Just called the Sheriff Clerk, she said that I should file a Form 9G Incidental Orders Application and that I also need to formally serve N0lans that I am doing this and fill in 6C Confirmation of Formal Service!? I made it clear that I am the Respondent, not sure why I would need to complete a 6C!?
Think I will go with a 9G and hope for the best