I've just received a claim form from Northampton for Cabot/Restons. It's for a loan and credit card, according to the docs the loan was taken out in 2007 and the card in 2001. Bit of background. I was with PayPlan but couldn't keep up the repayments due to circumstances at home and owe money to at least 5 other creditors, probably around £36000. Does the court take into account these creditors when working out what I have to pay? What do I do about the claim, there looks like a way I can get 28 days to sort stuff out, but I'm confused. Thanks.

I had an online credit card with HFC (opened in 2005) which I defaulted on in 2009. It was then 'passed' to Restons. I don't know if Restons are really a solicitors as they claim or a DCA. from 2009 I negotiated payment of £1 to each of my creditors, including Restons. In 2009 I CCA'd Restons and in 2010 Restons issued proceedings against me saying the £1 wasnt sufficient. I defended the proceedings and the proceedings were discontinued before it got to court with no Order as to costs. Am still paying the £1 although I havent heard from Restons since the court case was discontinued. I thought creditors have an obligation to provide periodic statements so wondered if Restons still owned my debt. Therefore a few weeks ago I CCA's them again. They returned my £1 postal order and said they were confused as to why I was making such a request. They did provide me with the agreement though not the terms and conditions or up to date statement. Maybe once you have CCA'd a creditor they count that as sufficient and no point chasing any further even though they havent complied with my current CCA request.... I suppose it's wise now just to keep going with the £1 payments as they were really tough to defeat once they had their claws in and I dont want to antagonise them.

Thanks for taking the time to read this, I'd be really grateful for any advice please. I had two accounts which were sold to Cabot, they wrote to me in July 14 and then issued a MCOL case ten days later via Restons claiming £7,138. I part accepted the claim but said that the figures were completely wrong and I only admit to £1,000 of the claim. My response was received in time by the processing centre and I then heard nothing until March 2015 when I received a letter from Restons advising that their client was still trying to get together the paperwork. I then got a letter at the start of July 2015, again from Restons advising that they were intending to accept my offer and needed a full income and expenditure to be returned IMMEDIATELY!! I wrote back to them and said if they meant my £1,000 offer I would pay that in return for them stopping all action and confirming in writing that this was in full and final of both accounts. I heard nothing so phoned them and they are adamant that they can't consider my one off payment without a full income and expenditure - silly. I have contacted the central court who confirmed the case has become automatically stayed as more than 6months X days has passed since the original claim was submitted and Restons only action was to file for automatic judgement (sorry if that is not the right term) three days after my part acceptance was returned, otherwise the court has heard nothing from them. My questions are therefore 1) As the case is stayed should I bother with the income and expenditure or just chance the fact that they won't do the necessary paperwork and cost to get it unstayed (given that they couldn't get the paperwork in time first time)? 2) Should I pursue them with my offer or just leave them now to reply if they want 3) Should I apply for a set aside and if so what are the risks of letting them open the case again? Sorry for the long winded explanation, hope you can help.

I am wondering what course of action to take regarding a debt from a MBNA credit card opened in 2005. The account went into arrears and was passed to global arrow and a default registered in 2011. My last payment was in Feb 2011. A few days ago I got a letter sent to a previous address from restons who say they are acting on behalf of arrow to claim immediate payment, failing to do so will result in a cc summons and a judgement against my name. Please could anyone advise on what I should do. If a send a cca request do I send it to restons or global arrow. Someone suggested sending a" letter before action" but I'm so confused as to what to do. Any advice would be greatly appreciated.

Hi All, Some Background... I had a Citi card some years ago, things went pretty difficult for me financially and I was paying £1 a month to them. Eventually Citi stopped taking the payments and that was the end of that. In 2011 I received a letter from Cabot saying their client Opus Credit Card had transferred this account to them and I should pay them. I sent several letters to Cabot at the time trying to get information about the account and stating I had never held an Opus card but no further information was forthcoming, the last letter I sent was August 2012. Fast forward to 22nd December 2014 and I receive a claim from from Restons on behalf of Cabot stating they are claiming overdue balance due from me under a 'contract' between me and Opus dated on or around 31st October 2008. I have no doubt the claim was made at this time of year in the hope it would not be received in time for me to respond and I would therefore end up with a judgement due to not responding. I sent a defence in stating that I had not heard from the claimant in over two years and that I had never held an Opus card, no Judgement has been made and no court dates set. I have since found out on the internet that Citi sold the card business to Opus in November 2010, which does not agree with the date they claim I took out the Opus card. Since then I have received a couple of holding letters from them stating they are attempting to get a copy of the agreement. Today I received another letter from them stating they are still waiting for the agreement but wish to settle the matter amicably and have offered to reduce the £2920 balance to a far smaller £2550 if I pay a one off payment (neither is affordable), they then go on to suggest a Tomlin Order as an alternative method of paying. It might just be my opinion but amicable doesn't cover sending court claims on top of Christmas having not contacted you for over two years. So what next? Send a S77/78 letter and use that as a holding pattern while I explore my options further or should I just pay them? I've had no notices of assignment from anywhere that I know of and the only default notices were from Cabot in 2011/2. Can someone offer some advice please.

I recently completed claim forms re a debt being administered by Restons Solicitors for £770. I am in the process of setting up a new DMP with Stepchange and working off the budget figures and our other creditors, I made an offer of £5 per month. I received a judgment for claimant today saying the claimants have objected to the rate of payment and the court have awarded them £25 per month. I dont understand how they cant understand this is not possible for us atm. We did provide the budget sheet for Restons to show the £5 offer was all we could afford. What can I do now? Can I go direct to the courts to ask for a redetermination or is there another option. Any advice would be gratefully received. Thank you

Name of the Claimant ? Cabot Financial UK Limited Date of issue – 13th April 2015. What is the claim for – The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Peoples Bank dated on or about October 9th 2000 and assigned to the claimant on March 21st 2003. PARTICULARS a/c no 44************** DATE ITEM VALUE 26/03/15 Default Balance 2438.94 Post Refrl Cr NIL TOTAL 2438.94 What is the value of the claim? 2623.94 including all fees 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. Assigned, claim issued by debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Did not receive any NOS. Did you receive a Default Notice from the original creditor? Possibly but it was 15 years ago so can't remember. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes. Why did you cease payments? Financial difficulties. What was the date of your last payment? Unkown. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No. I have submitted my AOS on the 16/04/15 and sent Cabot a CCA request with £1 payment. I know this was received but not heard anything back as of yet. I also sent Restons a CPR 31.14 request which was sent back to me as i had not signed it only printed my name. Is it required by law that A CPR 31.14 is signed?? was worried about the old copy and paste trick. Any advise on my next step would be greatly appreciated. Thanks Garry.

I received a claim from Restons back in December 14. I immediately sent a CPR 31.14 request for the agreement, default notice and assignment. We had a bit of to and fro while they claimed I didn't need the documents to file a defence. So I filed an N244 application for disclosure. Rather than raise the order at Northampton,they transferred the case to my local court. In the meantime, Restons sent an illegible short form agreement. The order is now subject to a hearing this week and I have just received a pile of documents from Restons stating why they oppose the order, again including the illegible agreement, last statement and notice of assignment. I assume they have copied these to the court. I haven't filed any defence so far since NNBC told me not required until N244 application was resolved. The original alleged credit card account dates from 2000 and the claim is over £5000 but under £10000 My question at this stage is what will the judge expect from me at the hearing? At present all they have is copies of letters to and from Restons and their recent package Do I need to present a document addressing the points in Restons submission or can I just argue them at the hearing? I effectively only have one working day to do this and email it to court if it needs to reach DJ before hearing. Now that Restons have submitted documents, is the hearing the place to challenge them? Eg on legibility, enforceability of agreement even if legible etc. If documents are deemed suitable to proceed, there are other twists and turns in how MBNA handled things but just want to get through this first. Thanks in advance.

This is for an old overdraft that may or may not be statute barred but no one will reply to me to tell me! Court papers issued, filed defence asking for all paperwork etc and proof not statute barred, Northampton then asked for some kind of form to be filled out where Restons asked for a three month stay and its now been transferred to local court and I attach what the Judge has asked for. Need some advice on what I do as this arrived yesterday and dated 26th so I guess 5 days service plus 7... .Interesting to see that Judge has a) Referred to mediation and Restons have previously put on their form before transfer that they wont enter into mediation. b) Judge has asked for us to liase, but Restons wont enter into correspondence with me at all c) The court fee is nearly as much as the claim Hopefully this will help, perhaps a mod can delete the two above please as not to confuse issues

Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed. Does this error really allow the court to dismiss our defence no matter how relevant or can we do anything to re-instate the defence lawfully or get any pending judgement set aside so that our defence can be entered correctly? Any and all advice will be much appreciated. Thanks.

Hello this is going to be a really rushed thread because I decided to try and go this alone, but think I have made lots of mistakes I had a claim form through with the claimant: Cabot Financial (uk) Limited with the address for sending detail as: Restons Solicitors Limited I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply: Dear Madam Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response. Yours Faithfully Mr S Bray, Litigation Executive pp Restons Solicitors Limited I think i have not only messed up by leaving it so late....my defence is due tomorrow, but the court recommended i send it today, but also by only sending a CCA request and nothing else. I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons. Have i also messed up there? The court said that if a company has a solicitor working on their behalf then all correspondence and any payment should go though them. Although there was no mention of this in the letter, Restons only told me that on the phone! If there is anyone there ASAP that could help with what to write in my defence, which I have to fill out today, i would be forever grateful. Or do i even have a defence now?? thanks in advance Linzi x

Just before Christmas I received a letter from the County Court in Northampton that Cabot DCA had decided to take a CCJ against me without warning. I have never heard of Cabot until then and the CC company had not informed me that they had sold my debt over to them? So instead of taking the advice of the CAB I who just want you to just cave in and take it. I decided to fight it with my very limited knowledge. Below is the letter I got back for Cabot Solicitors. My Defence was That I had not signed a contract with Cabot (which i know id weak) and that I had not had any letters from the CC company and Cabot telling me that the debt is now with them, which maybe my best hope of defence? To me it looks like they don't want me to defend myself and want me to cave in? Please can you give me some advice? Thanks

Please can you assist with pulling together a 'road map' of the following situation; Xmas Eve had a nasty surprise of receiving a Claim Form from Cabot Financial for an old credit card debt. Due to financial downturn unable to afford the repayments in March/April 2006. Defaulted and made peppercorn payments. Date of Claim Form 22 December 2014 Name of the Claimant : Cabot Financial (UK) Limited What is the claim for The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank dated on or about Sep 01 2003 and assigned to the Claimant on Jun 24 2014 in the sum of £13,303 What is the value of the claim: TOTAL £13,812 (Includes Court Fee £410 and Sols Costs £100) Is the claim for a current or credit/loan account or mobile phone account: credit card. When did you enter into the original agreement before or after 2007: Copy of the agreement/application shows date of 2 September 2003 for £8000 limit. 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. Debt purchaser; Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? Don't know have not got a copy on file. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? The standing order to Apex, who were dealing with the case at that time, lapsed and did not notice . What was the date of your last payment? Last peppercorn payment was 19 Feb 2013 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes Citizens Advice Bureau helped us write letters and make token/peppercorn payments to all our creditors did not use a Debt Management Company.

Hi guys. I hope you all had a great Christmas! I was until I received a letter from the County Court Business Centre on December 24th I have already located the form to fill out on here regarding the particulars, so I really hope someone out there can help. I will just get right down to it. Name of the Claimant ? CABOT FINANCIAL Date of issue – 22nd December 2014 Date of issue 22/12/14 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/1/15 + 14 days to submit defence = 24/1/15 (33 days in total) - What is the claim for – The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland dated on or about March 02 2006 and assigned to the claimant on Oct 02 2012 in the sum of £1500 What is the value of the claim? £1500 Is the claim for a current or credit/loan account or mobile phone account? CURRENT 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. Debt purchase issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive Letter from HFX telling me all assigned rights are now Cabots (it wasnt letter headed as Notice of assignment though) . Did you receive a Default Notice from the original creditor? I remember a DEFAULT NOTICE SERVED letter from HFX in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I was on a fee charging DMP for years, decided to try and negotiate myself after loss of job with a monthly token payment, never had a response. My financial situation worsened, got scared and stop communicating. What was the date of your last payment? Aug 2013 (According to Credit Report Was there a dispute with the original creditor that remains unresolved? I had previously wrote a letter to get numerous £35 charges removed. This was sometime ago and cant find the original letter I sent. Since then my financial situation has taken a massive downward spiral. Other than that I really cant remember anymore Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? As above I did enter onto a fee paying DMP but this account is largely made up of very high penalty charges (not including overdraft fees) I have registered with MCOL and got to the stage where I can see the claim against me, but not sure what to do next. It was a current account with an overdraft so I am aware CCA is no option? I owe various creditors and have been considering a DRO as the total (including this debt) falls just short of 15k. I have to admit, I got scared when the letter came through the door with the court claim stamp on it, it wasn't personally delivered however, just came via the postman. HELP and thanks in advance.

Hi, really hope you can help, background first - I had a loan account with Halifax until I met my now husband, he joined it and became a joint account, Halifax gave us a very large overdraft of £4,600 (we were both earning well), and we had a credit card each, plus a loan through RBS. However Easter 2011 Halifax withdrew our overdraft with just a letter, it had been okayed in the February when they looked at it, and without out warning it was gone, it left us with a £4,600 debt overnight, we were getting married in the October, so we decided to remove all of our money from the bank and move to Nationwide, and have not had credit from anywhere since, by choice. They tried several credit companies to get the money out of us, and since then at some point i did the CCA on them, cant recall when. Heard nothing from them about the overdraft account, or the 2 credit cards, get an annual statement for the loan, and a statement for another account i had with them. out of the blue I received a claim form from Cabot and admit i ignored it, as I had all other letters, I have never had a letter from Cabot saying they bought the debt, just this claim form, have had another letter come, which I cant find now! saying it went against me in court and I have to pay £85 by 05/01 or else, they say they can enforce me, I assume send bailiffs round, which i want to avoid, we dont have anything to that value. first what do i do, and 2nd i have noticed the debt, doesnt say what its for, just an amount, if its my credit cards I didnt think it was this high, if its the overdraft then its a joint account why arent they going after my hubby as well. can anyone help me please, i have had my head in the sand a bit, my hubby has aspergers so is unable to help me, and feeling a bit overwhelmed by it all

I took out a Citicard in 2002 and got into difficulties due to being disabled. The debt was transferred to Cabot in 2006. Initially I made a small token payment of about £1/month but after reading very useful information on this website about the CCA I decided to dispute it and stopped payments in 2009. I sent CCA and SAR requests to Citibank and Cabot. Initially, both said there was a delay in obtaining the CCA. But, in April 2010 both sent me the same copies of the CCA as follows: I cannot see my signature and therefore, I do not beleive it has the prescribed terms. It just has my printed name and address. On Christmas Eve I got a claimform filed by Restons. Issue Date: 22 December 2014 Claimant: Cabot Financial (UK) Limited Particulars of Claim: The Claimant claims payment of the overdue balance due from the defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about Nov 04 2002 and assigned to the claimant on May 30 2006 in the sum of £5400. What is the value of the claim? £5400 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 2007 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. - Debt purchase issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, received copy not original Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Long term sickness/ disabled What was the date of your last payment? 09/2009 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes ............................ I did receive a reconstituted Notice of Assignement (copy below) before I have no records of a default notice and definitely not every year. I ceased payments due to ill health. Full details of this was passed to Citifinancial and Cabot. Last Payment: 09/2009 I sent a CPR request on 03/12/2014 requesting a true copy of the credit card agreement and Notice of Assignment. I have no savings and I cannot afford any meaningful payment or maybe £5 to £10 per month due to me being disabled. I am quite prepared to go to court if I have a good chance. Is this worth defending? Please help.

while I have been away from my home - Restons have instigated a claimform on me for a C/C which I stopped paying over a year ago. It went from Lloyds ( at the time was paying £ per mnth), to Lowell- who didn`t have it for very long. One step later & Cabot had it. They didn't have any payment - so they have moved it to a Claimform- with Restons. Now my question is- at what percentage are these DCA`s buying this debt for - does anyone have any idea? With that knowledge- I could then make a realistic offer- to get rid of the impending CCJ. I see you have 14 days + 5 service days for a defence. If this is not filed, do you then have the full calendar month from the date of service to settle the judgment (with an offer to the solicitors) without it impairing your credit file? All input would be fully appreciated

Hi all just received a xmas present from Cabot and Restons solictors - a ccj claim form. I took out a credit card in 2001 and defaulted on it in 2004. I have been receiving letters from Cabot since then really and I got to the point where I just ignored them as I had no means to pay them back. I did make an agreement with them in 2006 to make payments towards the debt however I stopped in 2008 as I could not afford it any longer and since that date I received letter after letter demanding full payment. I asked for proof of the CCA around 2009 which they finally provided after a few months but I am unsure if it is upto the required standards? After they provided the CCA I thought I need to make them an offer which I did around May 2009 and they declined the offer. It is getting close to the statute barred deadline no so that is why they are going for the ccj. I have so far acknowledged the claim online but as of yet not submitted a defence and I have not yet sent the CPR 31.14 letter as I am unsure what I need to put in the letter. I am just wanting to know if I have any chance of defending this case? If not I do not have means to make any payments to them as I have no disposable income. If I cannot defend this them I would like to settle this without going to a ccj however I do not have any cash to do this. I could however borrow some money from family to make a full and final settlement offer to stop the ccj if this was possible? They did contact me by letter in November stating that a f&f settlement figure could be arranged making a considerable saving. Please find below details of my claim form below and I would very much appreciate any help. Name of the Claimant ? – Cabot Financial / Restons Solicitors Date of issue – 17 Dec 2014 Date of issue 17.12.2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 04.01.2014 + 14 days to submit defence = 18.01.201 (33 days in total) - What is the claim for – the reason they have issued the claim? Particulars of claim state - The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Mbna dated on or about May 18 2001 and assigned to the claimant on Dec 20 2004 in the sum of 4554.57 Paticulars a/c no xxxxxxxxxxxxxxxx Date Item VALUE 28/11/2014 Default balance 4554.57 Post Refrl Cr NIL TOTAL 4554.57 What is the value of the claim? - £4554.57 Is the claim for a current or credit/loan account or mobile phone account? – Credit Card When did you enter into the original agreement before or after 2007? – Before 2007 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. – Assigned to Cabot/Restons Solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? – I was aware it had been assigned but did not receive a notice however they have supplied a representation of the letter stating the notice of assignment. Did you receive a Default Notice from the original creditor? – Not sure it would have been around 2004 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? – I received a notice of arreas letter from Cabot in November 2014 and have received numerous letters from them over the years, not sure if they were Notice of default sums though. Why did you cease payments? – I lost my job and had no ppi so could not afford payments. What was the date of your last payment? – I made an agreement with Cabot to make payments towards the debt however the last payment made was January 2008 Was there a dispute with the original creditor that remains unresolved? - No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No Thanks in advance

Hello, First post and I'm afraid it's for advice. I had issues in 2008 leading to me defaulting on 3 accounts in the latter half of the year. Whilst one has now dropped from my Equifax/Experian screen (so irrelevant) one remains and the other has never shown. The one that remains is for a credit card debt and is due to drop off on 23/12/14. According to my credit report, this debt (started Oct 2002) was originally valued at default to be £1000 and currently valued at £140 - though has not been serviced or acknowledged by me in any way since the default date. However, the R*tsons letter states a sum of £1000+ with a payment deadline of 12/12/14 before court proceedings are initiated. The other debt (an unsecured loan from 2006) which does not show on my report - and frankly I had forgotten I had - is for £700+via M*rtimer Cl*rke. The deadline for this is 10/12/14. Both letters arrived yesterday. I do not have any paperwork for either agreement - so in respect of the latter debt, I cannot confirm a default date. What is my path now? Do I sit on my hands and hope they are chancing their arm in a last gasp bid for recovery? Why such a discrepancy in figures for the first debt? If I contact either party, am I acknowledging the debts and risking extensions to their activity span? Can I delay any proceedings until the six year limit is up? It is so close. The latter debt is a concern as, whilst I don't have a definite default date I cannot be sure how long they have. Though as I defaulted on all debts simultaneously, it will be close to the limitation. I must confess to being a little panic struck by this as my financial record since the default has been faultless and I've actively protected what tatters remained of it, in the hope of starting afresh from my mistakes. A CCJ would be devastating. Any advice would be welcome and actively pursued.

Just as I thought we were getting on top of things notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry. It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell. It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear. There are two CCJs (by default) against her and Restons have secured the interim charging order. I understand that this can only be a restriction as long as I don't agree. We don't intend to sell the house so what does that mean to us and to to Restons (John Lewis)? I'm wading through the paperwork, and need to contact all the account holders to make arrangements to pay. My questions are: 1) Is there any benefit to trying stop the charging order/restriction at the court hearing in January? Is there any benefit to making an offer to start payments? I'm not anticipating any seasonal charity from Restons, just a reason for them to stop. 2) Now I've collated the debt I am thinking that we assess what we can afford to pay back monthly, and propose a proportionate repayment by ratio according to the amount owed. Is that the way forward? 3) Obviously I'm going to help financially, but by getting involved am I going to become vicariously liable for these debts? 4) How should the approach be made to the creditors - is there a form of words? Thank you so much for your consideration. Mr Spoon

Hi, I am hoping someone can advise me can I defend or challenge County Court Claim N1CPC issued by Restons Solicitors on behalf of Cabot Finance on 10th November 2014. The claim is for £10k overdraft on a gold current account that was originally held with Lloyds TSB. I am in this mess because I was made redundant from my Job, diagnosed with depression and unable to work for two years. At the time I opened my account in 1995 I had an overdraft facility of a few hundred pounds (£200). The facility was supposed to be reviewed every two/three months but never was. I was also obliged to take out CPP card protection. The Particulars of the claim are as follows: 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank – Current Account dated on or about Oct 12 1995 and 2. assigned to the claimant on Jun 17 2014 in the sum of £9918.09 Also what are my other options? Do I offer a payment plan and how can I do this without having a CCJ entered against me? Please help.

After a default I was paying £50 (what I could afford) to AG for several years - last year, out of the blue - the payment was stopped and I started getting nuisance calls from a number of DCA's, and then eventually a letter from Wescot, then a letter from Restons demanding the sum in full. I did the whole CCA request and I just got rude letters from Restons back saying it was all non-legal rubbish they didn't have to reply to. Finally I got a N244 court order back in march - I submitted my defence (no cca supplied) and the case was stayed. I heard nothing for months until finally, out of the blue in September, Restons were applying for a Lift of Stay, Summary Judgement and to strike out my defence. Their legal fees were itemised on the N244 and came to £516 - annoying and I'd prefer not to pay for their trouble making - but not OTT either I responded requesting the CCA again and later in the month they finally provided a photocopy of the CCA. My problem all the while was ensuring I was paying the debt back to the correct DCA as I had requests for the money from multiple DCA's With this in mind I wrote requesting to come to an out of court agreement and pay a monthly sum of £50 - which they seem to have agreed to on a Tomlin Order. However their fees now come to £1500 and of course are added to the original debt. This includes a court appearance fee of £450 - which is rich considering we would not be going to court if the agreement is signed. Although with a few days to go it seems easier to roll over and pay the fees - I feel uneasy about doing so. From what I can see a tomlin order is just an agreement staying the court case - which means they would be at a liberty to start court proceedings and ad an extra grand or so into the mix on a yearly basis. I'm considering getting legal advice but I'd appreciate any help from the community. - Can extra fees be added after the fees stated on a N244? - if I go to court now I don't feel I have much to lose as it looks like I'm paying for their appearance in any case. Thanks Dan

Hi Guys Im looking for some advice. I received a court claim from Northampton county court from Restons on behalf of Marlin. I completed the acknowledgement of service and request evidence from Restons which never came. I completed a defence based on I cant defend without see any evidence. The case is now stayed as reston's have not contacted the court. Reston's have now sent me a statement of account and it would seem the original lender has transferred the debt from a credit card, loan and current account into a seperate account and sold the debt. Restons have also invited me to withdraw my defence as they feel my defence has little chance of success. I'm not sure what steps I should be taking now. Should I now be writing asking for copies of the CCA for the loan and credit card? Any advice would be really appreciated. Many thanks Gnarl

Hi All, Recently responded to Claim form issued by the parties named above. Issued CPR request to Restons copying Cabot. Restons have replied stating they will not enter into correspondence with me because I did not sign my letter (I printed my name). Anyone experienced this before? How do I respond? Thought they were legally obliged to provide documents contained in their particulars of claim if asked to do so by defendant?? Thanks.

Good Evening I am wondering if you can help me you as people helped me lots throughout a suspended repossession For a while I have been corresponding with Restons Solicitors who are acting on behalf of Cabot Financial (uk) Ltd, who I believe have bought a debt from British Credit Trust. The debt was for a hire purchase vehicle which was returned to them before the half way point of the agreement when I fell into difficulties in 2008/2009. This is when the agreement was with British Credit Trust. At that point British Credit Trust obtained a CCJ and the whole sum was ordered to be paid forthwith. The sum was £11553. As I couldn't pay the sum and it was the last thing on my mind they obtained a final charging order which is on my property now. The property is in joint names and only my name on the debt. This is where the debt has been left, as a charging order. There isn't enough in the property to clear the 1st and 2nd Mortgage the current shortfall to clear them without any charges is approx £15,000 (both with suspended repossession orders) however always stuck to the agreement. When Reston first got in touch all the correspondence stated Cabot Finanical and nothing else, I wrote to them with a SAR and asked them to clarify which debt they were talking about. They refused to talk to me as i couldn't prove who I was and they returned the monies and wanted a signatures on paper. As I didn't know what the debt was for at this time I was very hesitant on providing this information, all I wanted to know is where the debt had come from. A day ago I received the court forms for the CCJ from Restons and from that I have established it is the debt from British Credit trust which is a charging order on the property. So.... my question is ...... now what the debt already had a CCJ and attached to my property and they are going for a second one? I cannot afford any real payments towards this debt as I have arrears on mortgage second mortgage, council tax (however payment plans in place for all and working well). If I could sell my property to clear all debts etc I would but I have been advised against it as my mortgage payment even with the arrears payment is really small compared to a rental agreement. I have a feeling Restons doesn't know about this history.... what do I do? Help! ps. thank you in advance.