CABOT FINANCIAL UK LIMITED AGAINST SYLVIA CATHERINE MACLENNAN [2021] SC ABE 6 (18 September 2018)

CABOT FINANCIAL UK LIMITED AGAINST SYLVIA CATHERINE MACLENNAN [2021] SC ABE 6 (18 September 2018)

The court found that the pursuer had established both the existence of the debt and its title to sue, entitling it to decree for payment against the defender.

Citation
[2021] SC ABE 6
Parties
Pursuer: Cabot Financial UK Limited; Defender: Sylvia Catherine MacLennan
Jurisdiction
Scotland
Judgment Date
18 September 2018
Procedural Posture
Civil / Judgment
Outcome
decree granted for pursuer
Legal Topics
Consumer Credit, Enforcement of Debt
Debt Recovery Consumer Credit Enforcement of Debt

Case Brief

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Parties

Cabot Financial UK Limited

Pursuer

Sylvia Catherine MacLennan

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defender is liable for the debt claimed by the pursuer
  2. 2 Whether the pursuer has established title to sue

Ratio Decidendi

The court found that the pursuer had established both the existence of the debt and its title to sue, entitling it to decree for payment against the defender.

Court Disposition

decree granted for pursuer

Orders

  • Defender to pay the sum claimed to the pursuer