DoingMyBest's Unenforceability Diary

[Timewilltell]

Just sit tight, I’m not up on Scots law maybe Di can advise?

[DoingMyBest]

Thanks!
DMB

[DoingMyBest]

Hi all,

[EDIT: I remember now there are other forums here about Cabot UK, I'll get back up to speed on those. Advice still welcome!]


I lasted posted back in February 2020 (18 months ago). Since then, Nolans (Cabot UK's solicitors) have sent various demands for money, and a couple of documents demanding I tell them my precise income and outgoings. A couple of days ago two Sheriff's Officers delivered a Simple Procedure Notice of Claim to my home, saying they are suing me for the Lloyds and HBOS cards, totalling £2.8k. I have 3 weeks to respond. I've still got no way of paying.

Warwick65 says above,

"If it is Cabot financial uk then they are not authorised."

Can you give more detail please? If it is still the case, how do I fight it? I think I reply, immediately, to the Court that they are unauthorised to bring the claim? What law should I challenge them under?

Failing that, it looks like I have to make them an offer to pay something monthly (and somehow work out how), or ask for a Time To Pay order, going through the Court process. Presumably I'd then be liable for the court costs?

There's this warning on the Citizens's Advice pages re Scottish Courts:

> If you don’t admit the claim and want to dispute it, you, or a representative, has to go to court if there’s a hearing.

>Before that happens the sheriff will consider your case for disputing the claim. You should be aware that if you dispute the claim then later change your mind and settle the case you could end up paying huge expenses because the court may take the view that you should have settled it at the beginning of the case.

Thanks in advance,

DMB

[The Tech Clerk]

Colin G Quinn