CABOT/Nolan SPC Claim Hamilton court - old Aqua Card Debt

[Cbel]

That’s good that’s what I thought as long as I have

proof for the court I requested it I presume that’s the 

main thing 

be in touch soon 

[dx100uk]

PLEASE read nolans threads over the next few weeks it will help you no end!!!

[Cbel]

Hi there

I meant to update following the case review a few weeks ago

I explained that I have had no response from Cabot requesting a CCA and have written twice and sent signed for delivery, he seemed very supportive of Nolan’s and said he was sure they would get a copy

the Nolan’s solicitor said he would and the next hearing is the 9th Oct - I have still heard nothing 

wondering what will happen and if it will be same sheriff 

thanks 

c

[dx100uk]

well if they dont you demand that the case be dismissed and an absolvitor issued 

[Cbel]

Thanks I will say that 

as you know I don’t have a clue about legal issues 

he did tell me to speak to CAB I said I had 

I appreciate your support 

it was not as nerve wracking as I thought as was in video call 

also notice Cabot are increasing the debt on my credit file 

thanks 

will update on the 9th 

[dx100uk]

cabot add the court fees etc yes, simply to intimidate thats all. dont get a penny if they lose!

 

 

[Cbel]

Hi D 

I have received email from Nolan’s today with my last credit card bill from Aqua and a letter from Aqua stating that my debt is being sold to Cabot I can send info if you like

i not sure what to do now hearing is 9th Oct there is still no signed CCA and no response from Cabot despite sending 3 letters 

should I do anything else ? To help my case ?

thanks 

[dx100uk]

how did nolans get your email?

you need to write telling them not to use email regarding our mutual court claim.

On 22/09/2023 at 11:20, dx100uk said:

you demand that the case be dismissed and an absolvitor issued 

 

[Cbel]

Hi there 

I actually have no idea how they got my email , maybe from the court as was online video call last time 

they emailed to say documents had been uploaded for the case on Monday

I haven’t replied and they sent copies of the documents a Bruce Clayson the last time he was behaving like  he was very familiar with the sheriff 

I will write to them and say not to email 

they are trying to say that these documents prove I owe Cabot money I presume ?

Whereas I don’t agree 

Not sure what else to say on Monday except stick to story that I don’t have a CCA with Cabot ?

Anything else 

[dx100uk]

no you are fine, dont fall for their intimidation, those docs dont make their case any stronger nor change what the judge stated...like where is the agreement ...typical of nolans too!!

you'll win, but get an absolivor not just a dismissal and ask about yours costs too!

just dont enter into any little chats before you go in smile walk away!

and if they do pull the stunt of producing anything on the day refuse it as you cant verify its real on the spot.

dx

 

 

[Cbel]

They have uploaded a final aqua credit card statement and emailed it to me and they have uploaded a letter which states Cabot are taking over the debt but no letters from Cabot or CCA with Aqua or Cabot 

it’s a video call again on Monday I have never met a solicitor as condescending as the last time 

I am presuming they think this paperwork is all they need to show I owe Cabot money I wasn’t even sure initially they the sherriff understood who Cabot were then I heard they have several cases per day for them so he must 

do Cabot or Nolan’s ever win ? And on what grounds I still searching for more cases 

I should have said the letter that states Cabot are taking over the debt is from Aqua not Cabot 

[dx100uk]

no the letter is from cabot using the aqua letterhead , they are allowed to do that sadly, but ofcourse where's the proof it WAS sent at the time..?

debt selling/ notice of allocation in scotland is no too much of a biggie sadly but what they have sent otherwise is not the signed agreement.

section 61 i think of the cca is your friend.

have a read of the last few posts of this thread

 

the same applies to you 

the failure to supply a signed agreement is pretty much fatal to a pursuer in any claim/

 

dx