My yellow diary

[Yellow33]

Thanks... I feel empowered, thankful and so grateful I found this website. Thank you for all of your advice.

[Roger]

My solicitor appears to have quite a bit of experience in cases like this. First attack is to go after them to produce paperwork. I will keep you sll updated on this one. Oh and it is Cabbot UK!!

It seems to me that Tactics have been instrumental here!
Which is important for AAD to know. Don't be bitter!
As we now know CONC for E,W,NI a DCA can ask well it seems for ever on even a Statute Bar debt.
BUT here ENDS the matter doesn't it! So well done you! Thank you for sharing!

[Still Waving]

A 'Bitter Victory', then.

[Yellow33]

Interesting update. Today was an initial hearing and cabots solicitors moved a motion to dismiss the case. So I won. They state it was not in their clients business interests to pursue and further. Because they moved they have to pay my legal fees. I am elated but also angry that this has worried me fofcso long! A good outcome none the less.

[Still Waving]

Does anyone have any experience on summary decree success rates when the required paperwork is submitted bug there is missing information or discrepancies?

Hasn't your solicitor?

As I understand it, the burden of proof is on the party asking for summary judgment, that the claim has no real prospect of success.

[Yellow33]

Does anyone have any experience on summary decree success rates when the required paperwork is submitted bug there is missing information or discrepancies?

[Yellow33]

Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

12/7/22 letter from equivo

Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

Rather than issue court proceedings our client would prefer to find a suitable solution.....

5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

8/11/22 solicitor defending case. Cabot have not produced any paperwork so solicitor will now ask for a motion for them to produce within 7 days.

29/11/22 cabot produced paperwork on last day as required by motion. However, there is missing paperwork and inconsistencies between the writ and what has been produced. Solicitor now intends to make a summery decree based on the inadequacies in their submission

[Yellow33]

Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

12/7/22 letter from equivo

Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

Rather than issue court proceedings our client would prefer to find a suitable solution.....

5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

8/11/22 solicitor defending case. Cabot have not produced any paperwork so solicitor will now ask for a motion for them to produce within 7 days.

[Yellow33]

My solicitor appears to have quite a bit of experience in cases like this. First attack is to go after them to produce paperwork. I will keep you sll updated on this one. Oh and it is Cabbot UK!!

[Yellow33]

Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

12/7/22 letter from equivo

Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

Rather than issue court proceedings our client would prefer to find a suitable solution.....

5/10/22 court citation. 21 days to respond. All paperwork passed to my solicitor.

[stuckinarut]

Help ... I am very stressed!

Yes thats exactly what they want. they may do this they may do that, Trying to ramp up the pressure on you no doubt. Remember this tho, they actually have to win in court. Scottish English doesnt matter which. They will have to have all the paperwork to do that. Take care

[Yellow33]

Help ... I am very stressed!

[Yellow33]

Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc.

12/7/22 letter from equivo

Our client has advised us that you have not repaid the sums due in respect of the above account. Consequently your agreement with our client has been terminated, which means the balance outstanding as detailed above is due and our client now requires your proposals for payment.

Please therefore treat this letter as notice that, unless an arrangement is reached withing 14 days, we will instruct our partner solicitors, shoosmiths, to commence court proceedings against you for recovery of the sums outstanding. Please note that should you not respond, no further notification of the court proceedings will be given to you.

This means that shoesmiths may makmay application to the court to have a decree registered against you.....if a decree is obtained then shoesmiths may be instructed to enforce that decree which may include an application for an inhibition against you...

Rather than issue court proceedings our client would prefer to find a suitable solution.....

[Yellow33]

Yellow33
AAD Enthusiast

• Join Date: May 2022
• Posts: 35

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#74
12 July 2022, 14:36
Type of account - credit card
Date commenced - 2009?
Approx balance - £13000
Date last paid - november 2017
Are you on arrangement or not paying - no arrangement, not paying
Account owner - cabot financial europe

13/5/22: letter from czbot, we will pass your case to our solicitors in 1 month.

20/5/22: letter from cabot, we will pass your case to our solicitor in 21 days

27/5/22: letter from cabot, we will pass your case to our solicitors is 14 days

3/6/22: letter from cabot, we will pass your case to our solicitors in 7 days.

6/22: DSAR received from virgin. No credit agreement. Letters advising missed payments, monthly statements and default notice only.

23/6/22: Letter from cabot,. We have tried to contact you to discuss your account... we are referring upur account to equivo solicitors scotland. They will want to speak to you within the next 7 days where they will review your situation and help arrange the most suitable solution based on your circumstances.

29/6/22 letter from equivo. We are a firm of solicitors and have been instructed to contact uouvto agree how the sum outstanding from you will be paid. Please call us ... may accept a lump sum or regular installments...

no deadline for contacting thrm and no mention of legal action.

10/7/22 letter from eqivio. We have wrote to you znd telephoned you but have been unable to make contact with you. We are keen to find a suitable solution....we may be able to accept a partial settlement etc etc.. if you do not contact us we may be instructed by our client to issue court proceedings against you wich will include z claim for costs .if a decree is obtained we may be instructed to enforce etc etc

[The Tech Clerk]

Shoosmiths and Chartsbridge launch 'Equivo :- for info

nothing new really just can do more in the debt collection etc area.