Summons received - Sar or CCA?

8i6daddy

Hi all,

I have received a Scottish court summons for small claims for an old Vanquis debt taken out in 2006 for the sum of £1625

In May 2009 I became unemployed, which lasted 12 months, until I found a place on a work programme which lasted 6 months until Jan 2011. I was then unemployed again for 2 years until Mar 2013. I have been working continuously since this date with the same employer.

In August 2014 I received a letter from Nolans Solicitors, acting on behalf of Cabot Financial who had bought the debt from Vanquis in 2011.

I decided to try and do the right thing (maybe foolishly) and contacted Nolans with a view to repaying the debt back. I arranged at the time to repay £7.50 p/w via standing order, to which I have not missed any payments.

In Feb 2015 I received a request to fill in a Income/Expenditure form. The letter attached to the form claimed that Nolans had previously requested this a couple of weeks earlier. (I never received this "original" request) I completed the form and returned it. I never heard anything else from them.

On Friday just gone (15th May) I received a court summons. On the summons it states that I had refused or delayed repayment. Obviously this is not the case I have been paying via SO.

I gave them a call to check if they have been receiving payments to which they acknowledged that I had paid £270 so far.

They are insisting on taking me to court for the remainder due to my "failure to complete an Income/Expenditure" form, which they claim they never received.

I have decided to fight these lot because I feel as If they arent treating me fairly. Should I send off a CCA request in the hope that they cant prove the debt? Should I send of a SAR on the off chance it might be statute barred before they sent me the letter in Aug 2014.

Any help is greatfully appreciated

Marktheshark

Did you make any payments between may 2009 and them contacting you.

8i6daddy

Marktheshark wrote: »

Did you make any payments between may 2009 and them contacting you.

I honestly cant remember. I dont have of my original statements and I was with a different bank back then.

I had a quick look on noddle and judging by another default from around that time I think I might have been paying them up until Jan 2010 unfortunately for me.

Marktheshark

If you did not pay for a clear period of 5 years then it would be barred from legal action by the Prescription and Limitation (Scotland) Act 1973 if a defence was entered.
The default date is usually well after you stopped paying, crunch some numbers, if you have the magic 5 years break between payments then you can file that defence, it can not be re-started.
They may be hoping you dont find this out as without a defence they win by default.

8i6daddy

Marktheshark wrote: »

If you did not pay for a clear period of 5 years then it would be barred from legal action by the Prescription and Limitation (Scotland) Act 1973 if a defence was entered.
The default date is usually well after you stopped paying, crunch some numbers, if you have the magic 5 years break between payments then you can file that defence, it can not be re-started.
They may be hoping you dont find this out as without a defence they win by default.

I think ive missed out on Statute barred by a few months. I was thinking that if I send a CCA request that might help my defence. I cant imagine either Nolans or Cabot being able to get their hands on the original agreement

Marktheshark

The default date is not the start date for Limitations, it is the date you last paid or wrote acknowledge the debt, the fact a bottom feeder debt firm has bailed in usually suggests it is 5 years, so file that defence and let them prove it wrong, you have nothing to lose.

8i6daddy

Marktheshark wrote: »

The default date is not the start date for Limitations, it is the date you last paid or wrote acknowledge the debt, the fact a bottom feeder debt firm has bailed in usually suggests it is 5 years, so file that defence and let them prove it wrong, you have nothing to lose.

There is a chance that my last payment may have been prior to Aug 2009, so I suppose I have nothing to lose.

Is it worth sending a CCA request too? my forms need to be returned by 8th June to the court. I was thinking a failure to supply within 12+2 days would only help my case?

Marktheshark

Hit them with everything, make it hard work and let them know they have a battle ahead, a Subject Access request as well for all data.
They want a battle, give them one, state that the correspondence will form part of the private record of the parties, that usually scares ten bells out of them.
It basically places them on notice if they conceal information they can not later rely on it in court.

8i6daddy

Marktheshark wrote: »

Hit them with everything, make it hard work and let them know they have a battle ahead, a Subject Access request as well for all data.
They want a battle, give them one, state that the correspondence will form part of the private record of the parties, that usually scares ten bells out of them.
It basically places them on notice if they conceal information they can not later rely on it in court.

The annoying thing for me is that I was happily paying them back, only for them to turn extra awkward for no valid reason. Its hassle I can do without, but im not prepared to take it lying down.

Cabot bought the debt from Vanquis in 2011, who do I send the SAR to?

Marktheshark

The people that wrote to you and are suing you.
If it is barred, the upside is they get sweet FA for pushing the boat out too far.

8i6daddy

Marktheshark wrote: »

The people that wrote to you and are suing you.
If it is barred, the upside is they get sweet FA for pushing the boat out too far.

The only communication I have is from Nolans Solicitors who are acting on behalf of their client Cabot Financial. It does state on an attached note on the summons that all communication should go via Nolans. Shall I send the SAR with a blank Postal Order to Nolans then?