Ms Trampoline
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Everything posted by Ms Trampoline
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I thought it came across as bully boy, i'll just sit on it until a court date is provided then. Thank you
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Shall I just wait to see if they take it back to court now? thank you
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Yes, and they have confirmed that nothing has happened on the case since I entered my defence. I'll email Reston's too, but with one line to update them of my new correspondence address.
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sorry i've only just seen this post, i've just had a letter through from Restons with a copy of my signature and a copy of the T&C's (with a different address on to the time I took the card out. The letter states that they are currently awaiting instructions from their client and welcome any proposals I have to settle this account within 14 days (it was dated 2nd December, but i've moved house so it has taken a while to get to me.) Thank you for your help x
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So do I just have to sit on this for years to come, or can I apply to the courts to bring it to an end? Sorry for all the questions, it feels like I'm sat on a time bomb waiting for it to go off with Rectums.
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Thank you, how long do they get to produce the documents before the claim is dismissed?
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Hi, I've had a letter this week now from Ruston's stating that they acknowledge my letter to them with the CPR request, but it still isn't signed, however they are now requesting the docs from their client, but this may take some time to locate. Is there anything I need to do now, or just sit on the defence I've put in? Will they just contact the courts once they have the docs? Thank you
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Letters sent via post and email. on another note the court gave restons 28 days from the date of receiving my defence, so we are looking around the 28th April 2016, after which time the claim would be stayed, nothing is showing on the MCOL online system, how will I know if it has been stayed?
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Oh I didn't realise, 30 day bit removed and letter condensed, better? thank you Further to your letter of the 21st April 2016, please find enclosed a copy of my CPR 31.14 request to you dated 8th March 2016, and signed for on 9th March 2016 Also the section 78 CCA request sent to Cabot on the 8th March 2016, and signed for on the 9th March 2016, along with a cheque from Barclays Bank, cheque number *** which cleared the account on 29th April 2016. Of which you acknowledged in your email to me on 31st March 2016, stating that Cabot has requested the matter be placed on hold whilst they respond to my request for the original agreement. As you should be aware, failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. The documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. Therefore I shall not be withdrawing my defence as you so kindly request.
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I'll condense it now then x t hank you
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Hi, can someone just advise if the following letter to the solicitors is ok please? they have given me till the 5th May to respond, should I wait to send the letter, as the courts have give them 28 days to respond to my defence, court letter is dated 1st April. thank you Further to your letter of the 21st April 2016, please find enclosed a copy of my CPR 31.14 request to you dated 8th March 2016, and signed for on 9th March 2016, to which the only response I have received, was to advise that you won’t be correspond with me without a signed letter. As can be seen the letter is signed with a digital signature, and requested to respond to the address above, of which you have been happy to rely on in order to serve court proceedings, therefore I fail to see why you are refusing to provide copy documents under my CPR 31.14. Request? You state that you have no record of my section 78 CCA request to Cabot for documentation, however you acknowledged this request via email on 31st March 2016, where you state that Cabot has requested the matter be placed on hold whilst they respond to my request for the original agreement. I am still yet to receive any documentation from Cabot, despite the cheque (details ) being cashed on the (date). I have also enclosed the signature from Cabot confirming receipt of my section 78 CCA request , dated 9th March 2016. As you should be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, this non-compliance has continued passed 30 days, and a summary, criminal offence is has been committed. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. Therefore I shall not be withdrawing my defence as you so kindly request. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. Therefore I shall not be withdrawing my defence as you request. I look forward to hearing from you in writing. I will include attachments of the; CCA request to Cabot and signature from royal mail CPR31.14 to Restons and signature from royal mail email from Restons thank you Ms T
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Sorry yes it went to Cabot
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UPdate: on the 1st April I received a letter from the courts acknowledging receipt of my defence, they said that the claimant will have 28 days to respond. Today I received a letter from Restons stating basically that all the info i'd requested I would have had at the time of taking out the card, and that I would have received monthly statements and to refer to them. They also state that I would have received a notice that halfiax were transferring the debt to a third party. and if I wish to review any of the docs to refer to my personal records. they then go on to say that they acknowledge I did send a CPR31.14 and section 78 CCA request, but the letter they received from me was returned unsigned (it was a digital signature) and the section 78 they have no record of (that was sent to halfiax on 9th March and signed for, I've received no response from Halifax but I have from restons requesting that the case is placed on hold whilst the clients look for the information, they have also cashed my Fathers cheque for £1 on the 1st April) Restons are now asking that I provide evidence of the section 78 request and evidence of the £1 statutory fee being paid. IF i'm unable to provide this to them they request that I complete the N9A form they have enclosed within the next 14 days. What do I do next please? thank you
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Thank you, defence submitted electronically online today. In the mean time the last email from Restons, was stating their clients have requested this be placed on hold whilst they respond to my request for the original agreement.
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Morning, was the above defence ok to send after please? I've had another email from Restons today stating that the amount required to redeem the above account is £4,900 (rounded up, the figure was the original balance before court costs etc). This figure is valid until April 15, 2016. Our Client has requested that the account is placed on hold whilst they respond to your request for the original agreement. I'll still get the defence sent off today. thank you
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thank you, it doesn't need to be submitted till next Monday, so i'll wait and go through it again tomorrow rather than sending it in haste.
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Particulars of Claim 1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and halifax dated on or about October 23 2006 and assigned to claimant on June 27 2014 Is this ok as a defence? 1. 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made. 2. The Defendant accepts that she has held an account with Halifax in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request. 3. On receipt of this claim I requested information pertaining to this claim from Restons Solicitors and Cabot Financial(UK) Ltd. by way of a CPR 31.14 and a section 78 request dated 8th March 2016. Restons have acknowledged receipt but refused to accept this request as genuine and refused to respond to further requests without a copy of my signature, despite, postal details remaining the same. I have not had any response from Cabot Financial(UK) Ltd. The claimant has failed to supply an supporting documentation. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right either under statute or equity to issue a claim. d) Show the alleged account has/was been terminated in the correct manor. 5 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6 It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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I'm working on my defence today now, and I'm a bit unsure of where to start, do I mention that my ex partner ran up debts etc in my name, therefore need the proof of my signature etc , or can someone point me towards something I can look at? thank you
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I'm going to get the defence submitted tomorrow now. I've had a response from Cabot as to the cpr request stating they won't answer any unsigned letters, so they aren't providing any copies of docs they have referred to.
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Both the CCA and the CPR31:14 were signed for on the 9th March, as yet nothing has been received from either the Restons or Cabot, and the cheque hasn't been cashed. Am I right in thinking the CPR31:14 had 7 days, so till the 16th March and the CCA was 14 working days, so that takes them to the 29th March to produce documents? thank you
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As the defence has to be submitted by 4pm on Monday 4th, with Friday and Monday being bank holidays, do I need to submit a defence by 4pm Thursday 24th? (2 days away) The requests sent off were signed for on the 9th, so that gives them till tomorrow to get the docs to me, only giving me one evening to get the defence lodged. Is this correct? thank you
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Will be done today. thank you
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letters sent off by recorded post today, with a cheque my Father made out for me so it didn't have my signature on. thank you
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thank you, will get it all posted off tomorrow. It was my card, that my ex ran up the debt on, without my knowing about it, I did try paying it all to start, but it got to a point where I just didn't have the money (he doesn't pay anything towards his daughter, despite me claiming through the CSA/CMS)
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Name of the Claimant ? Cabot Financial UK ltd Date of issue – 3 march 2016 Date to submit defence = by 4pm Monday 04/04/16 What is the claim for – the reason they have issued the claim? 1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and halifax dated on or about October 23 2006 and assigned to claimant on June 27 2014 What is the value of the claim? £4695 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot financial Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter of assignment Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so Why did you cease payments? Ex partner ran up about £35k of debts in my name, then did a bunk, I only work part time to look after our daughter, and don’t have any money for debts, so payments stopped What was the date of your last payment? Around October 2010 Was there a dispute with the original creditor that remains unresolved? Not that I am aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, and offered a lump sum of £500 in Full and final about 3-4 years ago Hoping someone can help me please, Restons have issued against me for an old debt that my ex partner ran up in my name. I've filled in the questions below that I saw asked on another thread. I'm posting the CCA request off tomorrow, I did a data protection request a few years back and I was sent unsigned terms and conditions and screen prints of my details thank you
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