name the issuing court: Sheriffdom of South Strathclyde Dumfries & Galloway at Ayr Sheriff Court
Who Is The Claimant: Cabot Financial
Who Are the Solicitors: Nolans
What type of action? Ordinary
What is the claim for –
To grant decree against the Defender for payment by the Defender to the Pursuers of the sum of FOURTEEN THOUSAND, NINE HUNDRED THIRTY SEVEN POUNDS AND FORTY TWO PENCE (£ 14,937.42 ) sterling payable to Pursuers with expenses:
1. std text
2. On or around 26/01/2016 the Respondent entered a Credit card agreement with Bank of Scotland - Credit Card under which the Respondent borrowed from them a sum of money repayable on demand.
The said agreement was an agreement regulated under the Consumer Credit Act 1974. The date of termination was 04/01/2023.
The Respondent failed to pay as agreed on demand and is in breach of contract with the said Bank of Scotland - Credit Card ,
The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 17/02/2023 and the Claimants have advised the Respondent of same,
The said sum of £ 4,188.09 is the sum sued for.
The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.
3. On or around 05/08/2017 the Respondent entered Credit card agreement with MBNA Cards under which the Respondent borrowed from them a sum of money repayable on demand.
The said agreement was an agreement regulated under the Consumer Credit Act 1974. The date of termination was 12/01/2023.
The Respondent failed to pay as agreed on demand and is in breach of contract with the said Bank of Scotland - Credit Card .
The said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 17/02/2023 and the Claimants have advised the Respondent of same.
The said sum of £ 10,749.33 is the sum sued for.
The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.
4. There remains a total balance due under both the above contracts of £ 14,937.42, which is the sum sued for.
The Pursuers have made frequent requests to the Defender to make payment of the said sum but the Defender has refused or delayed to do so.
5. The Defender has delayed or refused to make payment of the sum due to the Pursuers despite repeated application by the Pursuers and this action is now necessary.
date of raised claim [or court stamp date from writ or date from ] :- 05/09/23
Last Date Of Service [look on form 07]:- 05/09/23
Last Date For Response [look on form 07]:- 26/09/23
What Documents are listed in Box E2:[or in your form requesting the same?]
Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- 2 credit cards (MBNA, BoS)
BOX D4 what has the claimant stated: IN FULL
Date of Agreement: –
Reference Number: – is this the original creditors account number? (y/n)
how many digits does it have?
Pleas in law
1. The Defender being contractually due and resting owing to the Pursuers in the sum sued for decree should be granted as craved.
from your knowledge: answer the following:
When did you enter into the original agreement before or after 2007? After
Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser - Cabot
Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
Did you receive a Default Notice from the original creditor? Yes
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes
When was you last payment:- Both 2022
Why did you cease payments:- Numerous credit cards with crippling interest payments. Severe financial mis-management.
Was there a dispute with the original creditor that remains unresolved? No
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
