Jump to content

Search the Community

Showing results for tags 'restons'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hello all. I have debts that are approaching 6 years old (next March - 2016), from credit cards. I defaulted during the crash as I was made redundant and career effectively ended. I went into default immediately after a period of hassling from creditors I moved house a couple of times (to chase work) and the hassling died down to a trickle. Now suddenly I have a letter threatening CCJ if I don't pay the full amount (near 10k) in two weeks. It looks serious to me too; I've not had a letter like this before. What can I do? I've put a little money aside (around £3k) which I could try to use to keep them off my back, but that would then acknowledge the debt and I'm so close to the 6 year statute bar. And would this satisfy them or just give them the taste of blood? If I send a CCA letter will this put the CCJ action on hold? Any help gratefully accepted. chris
  2. Hi guys, It's been a while but things are starting to affect my day to day living once again... Here is the background. October 2007 I purchased a laptop from PC World under HFC agreement. July 2013 HFC transferred an account to HSBC Bank plc. In October 2013 this account then got sold to IDEM Servicing. During this time I was in a fee charging DMP paying various debts off, but I killed them off to attempt my own free repayment arrangement, but due to various reasons, I struggled and put it to one side. On 6th January 2014 IDEM served me with a default notice, with a written intention to terminate my loan agreement. I sent a CCA request on the 10th January enclosing £1 and included the revoke access for sending someone to my home address etc. With no response... Sure enough on the 22nd Jan, a "Notice to Terminate" letter came through demanding full payment of balance. I should have kept chasing for CCA but certain issues at home meant it took a back step and i got distracted. .. unusually hearing nothing from IDEM, until just recently. 1st October 2014, a letter comes through the door from "resolvecall" referencing the Idem account with me. But claiming they were contacted by "Arden credit management" to make contact with me to arrange contact with them (Arden.) I have never had any correspondence from Arden Credit Management. This is an Idem account. the letter from resolvecall stated if i did not contact Arden, one of their reps would make a personal visit within 28 days from the date of the letter (1st Oct). Today is the 8th of October and this evening at roughly 5:30pm, a rep arrived at my door... my Dad answered, the guy asked for me, my Dad advised I was unavailable. (I was upstairs in the bathroom at the time but I could hear him talking.) -- this is where I need your help too guys -- I heard the guy, after being told i was unavailable at the time, tell my Dad that he has been instructed by HSBC to make contact with ME so he could then put me in touch with someone over the phone that he held in his hand, to discuss an account I hold with them. Before I could get downstairs, the guy then started to ask if I held any debts at all.. . my dad at this point simply shrug his shoulders, I went downstairs and kindly asked him to leave the property. His response "Do you not want me to put you in touch with anyone then?" I repeated myself. He then said "ok" and closed his ring binder and left. I got his name.. but I have to admit , I am a little shaken up, my heart was doing that fight or flight pounding in my chest. Where do I go from here guys?? Who the hell do I send letters to now? I am still only in a position to offer £1 for any debt that I owe, there is no special treatment here. But did the doorstep guy from Resolve call breach any rules by talking to my dad and asking him questions? I really hope, after all that typing, you find time to offer your advise... Regards David
  3. Hello, Can anyone help answer a few questions I have regarding a court claim? Name of the Claimant ? Arrow Global / Restons Date of issue 08th September 2016 Particulars of Claim: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013. 2.PARTICULARS a/c xxxxxxxxxxxxxx DATE ITEM VALUE 07/06/2016 DEFAULT BALANCE 564 Post Refin Cr NIL TOTAL 564 I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred. I have not submitted my defence yet. Actions so far Court claim dated 08th Sept (recieved 12th Sept) Acknowleged claim 14th Sept CPR.31.14 to Restons on 15th Sept CCA to Arrow 16th Sept I believe the debt is statute barred ( last payment/contact over 10 years ago) so should I go ahead and submit my defence now on the grounds the debt is statute barred, or should I wait for paperwork re the CCA and CPR requests? Thank you for any help!
  4. Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks.
  5. Good evening, I got a letter today from capquest saying that have sent my account to Restons Solicitors and that they will be in contact with me soon. The debt is for Littlewoods for £1372.00. The reason I got in debt was due to illness and I won't be available for work for the foreseeable future, I am on ESA and can only afford to pay them a small amount as I am debt with other companies. I have read some horror stories about Restons, taking people to court etc and I want to avoid this if possible. What is the best way to go deal with this, I know they are not a DCAicon as such so I am not sure where to start, other DCA's have accept low monthly payments. Thank you in advance for any advice etc.
  6. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 31/10/2015 What is the claim for – The Claimant claims payment of the overdue balances (set out below) which the Defendant(s) have failed to pay as required under contracts with the following particulars acc no XX9 and acc no XX0, between the Defendant(s) and Halifax dated on or about Jan 30 2006 and Jan 13 2002 respectively. The contracts were assigned to the Claimant on Aug 31 2012 and Aug 31 2012 respectively. PARTICULARS – a/c no XX9 a/c no XX0 DATE ITEM VALUE 01/09/2015 Default Balance 8500 01/09/2015 Default Balance 7500 Post Refrl Cr NIL TOTAL 16000 What is the value of the claim? £17000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 Credit cards with the Halifax When did you enter into the original agreement before or after 2007? Both 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. Account assigned to Cabot who issued claim in October 2016 Were you aware the account had been assigned – did you receive a Notice of Assignment? Unknown Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Ran out of money so stopped DMP What was the date of your last payment? June 2014 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, I was in a debt management plan from 2008 to 2014 I submitted my defence in November 2015, as follows :- “The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The claim is denied with regards to two amounts due under two agreements. On receipt of this claim I requested by way of CPR 31.14 and Section 78 of the Consumer Credit Agreement Act 1974, copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my Section 78 requests and remain in default with regards to my CPR 31.14 requests. Both requests were delivered by recorded post and signed for. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreements; and (b) show how the Defendant has reached the amounts claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; (d) Show how the agreements were legally terminated to allow the claimant to request relief. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as the Claimant is an assignee of a debt, 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 Agreement Act 1974. 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. “ Yesterday, almost a year since I submitted the above defence, Restons have written to me threatening to Strike out my defence. A Credit Card Agreement photocopy from one of the Credit Cards has been attached to their letter, as well as a thick wad of computer printouts. RESTON OCT2016 PAGE1.pdf RESTON OCT2016 PAGE3.pdf RESTON OCT2016 PAGE2.pdf
  7. This is possibly a bit of a pig's ear. .. however I'll cover the gist and then pop the rest of the info too: Got a letter from Restons in 2014 saying they were going to take me to court for money owed, they were very difficult to deal with and lost every email I sent them. After a bit of to-ing and fro-ing to avoid court I agreed to a consent order, I now pay them a sum each month. I'm now wondering if they have the right to do so. Can I still fire off a CCA request and will I have to go to court to amend the order? I also note the SB time is approaching, is that in my favour? Name of the Claimant? Cabot Financial (Restons / Marbles) Date of issue – December 2014 What is the value of the claim? £2000 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. Debt purchaser (unverified) Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly Did you receive a Default Notice from the original creditor? Possibly (report shows default Dec 2010) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly Why did you cease payments? Changed bank accounts and didn't move DD What was the date of your last payment? With Order: Monthly ongoing, on account: Dec 2010 Was there a dispute with the original creditor that remains unresolved? unknown Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
  8. Hi Everyone I received a County court claim from restons solicitors on behalf of Arrow global for an old egg loan. I sent a CPR 31.14 request to restons and a CCA request to Arrow global. I haven't heard from Arrow global yet however Restons solictors have sent a reply refusing to comply with the CPR 31.14 request stating that i would have been provided with a copy of the contractual terms and conditions at the time the account was opened hence they see no reason why i would now require an additional copy and also the other documents i have requested are not mentioned in the particulars of claim and therefore CPR 31.14 (1) does not apply. Should I wait until I hear again from them or should I send another response to them. Many thanks for all your help and advice.
  9. Hi All I'm looking for some help, I received a CCJ papers relating to a egg loan I had defaulted on in April 2011, I had agreed a 50% settlement with Makenzie Hall in November 2013 but the remainder had never been written off so I submitted by defence via MOL online : Full and final settlement was agreed via telephone with Mackenzie hall in November 2013, the settlement was agreed at 50% of the debit. A payment of 3000.00 GBP was made via debit card wile I was on the telephone and an agreement was made they would take 2 further payments in December and January, at which point the remanding 50% of the debit would be written off and the debit would me marked as satisfied All three card payments were taken as detailed in the payments section. This was submitted 2nd Aug 16 today I've revived a letter from Restons, most of it is irrelevant as i'm not disputing the original debit, but they are asking me for proof within 14 days (they have 14 days ish to respond to the court) The part of the letter is : We note from your defence that you believe the outstanding balance has been partially settle upon agreeing a settlement sum of 50% with Egg Banking in November 2013. We note however, that you have failed to provide any evidence of such a settlement being agreed. We kindly ask to be provided with evidence to prove such and allegation, within the next 14 days. Should I respond to this letter? from what I have read there is no need at this point to provide evidence and, my defence states when and how the payments were made which matches my credit file. I'm also annoyed with the tone of the letter as it feels like its a standard letter with a extra bit added on, and even that doesn't match up to what my defence said. Restons are acting on behalf of Arrow global, any help or suggestions much appreciated. Thanks Charlotte
  10. Hello everyone, I've had a County Court claim form sentfrom Northampton CC. The claimant is Cabot Financial (UK) Ltd acting via Restons Solicitors and quoting an Opus credit card reference. Putting those names into Google brought me straight here so I hope someone can give me some advice. I had a Capital One credit card a long while ago and assume that the £5k odd debt has been passed around, I've also had a number of letters and calls from Cabot which I have ignored over the years. I'm aware that if you make no contact with a lender for six years the debt becomes statute barred and my time is up next May so I've been keeping quiet for a while. This is probably why they're getting heavy now. My question is over the name on the claim. They have addressed me incorrectly so does this make legal proceedings unenforceable? It's as if my full name (as on the creditcard) is Fred Steven Bloggs but through a clerical error on the debt collection forms they've renamed me Freds Bloggs. It's a small error but surely legal paperwork should be correct. What do you think I should do now? Sendit back as the defendant is not known at this address, admitliability but negotiate a small pay off or just ignore it . They will know as well as I do that they have to do something in the next six months if they're going to get anything repaid but I'm not sure if aresponse will wipe out my five and a half years of ignoring them. Any advice will be gratefully received. Desparate Des.
  11. ADVICE PLEASE I have an appointment with CAB re Interim charging order application and stopping it becoming a CO What are my chances of preventing this? Debt in other halfs name I pay mortgage and all bills, we are no longer together but I didn't have money to get his name off mortgage or deeds even though he would happily agree to this
  12. Hello, I'm after some help and advice. Briefly - Restons obtained a CCJ against me for a £1200 debt in March this year, I was ordered to pay £25/month. I have been making the payments as ordered and on time. At the weekend I got a letter from the Land Registry saying Restons had been granted a Charging Order against me (dated 18th July 2016) and did i want to agree with it or dispute it. The thing is I havent had anything in the post from the courts about this and its come completely out of the blue - nothing from Restons warning about it either. What do i do? Thanks, Gary
  13. Hi, hoping someone can help. Cabot/ Restons have been sending me letters claiming I owed them £323 . I wrote back and asked them to provide me with more information as I didn't know what the debt was for . I didn't sign the letter as I had read somewhere not to , however they refused to send anything until I provided a signed request. Now I have received a county court claim form. My question is, is it worth trying to defend the debt? I thought they couldn't pursue someone for a debt when there was a genuine dispute, and they have ignored my request for further information? Or should I just accept that I'm going to end up with a ccj?
  14. 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.
  15. hi, first post so please bear with me. I asked Restons for a CCA a few years ago and sent £1 postal order. They returned it saying that I had to request this from HFC. I did nothing about this, but recently sent another CCA request to Restons. They replied saying " our client is not obliged to provide the requested documentation without the appropriate application and fees made payable to our client" They then go on to say it refers to an HFC loan taken out in or around 2016 and was referred to Restons in 2008. Is the 2016 a typo error? They have enclosed a questionnaire with a threat of legal proceedings if not returned by June 27th. Questions Which is the correct form to send? What is the fee Do I send it to Restons or HFC Do i continue to pay them?
  16. Name of the Claimant: Arrow Global Date of issue – 4th February 2016 What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012 What is the value of the claim - £7,000 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?- 2008 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. It’s the Debt purchaser – Arrow Global Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I did. However twice on the document, it says Arrowe Global Global Gurnsey Limited instead of Arrow. A typo I guess … however, does this matter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes, up until it was assigned Why did you cease payments? Financial difficulties arising from partners not working and new baby What was the date of your last payment? About February 2012 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? Sort of … We spoke several times and tried to work things out, but I could never keep up with the payments. Notes: I did request and get a CCA in 2012 when the troubles with the agencies started. I’ve been transferred to several agencies and sent all the regular template letters, but now Restons have sent me a claims form. I've spend the last few days searching the internet and I'm not exactly sure what to do next Where I need help … I really don’t need CCJ on my credit file and would rather avoid it. Can I still call them up and work out an arrangement? I don’t think I can pay anything more than £30 per month at the moment, but I’m willing to try and clear it if given time. If I admit this, and they reject my £30 proposal, will that definitely lead to a CCJ? Final question: The error on the MBNA Assignment letter, can that be grounds for a defence of the claim. Though I need to add, I have been communicating with Arrow Global over the years. Please kindly help, I believe I have just 3 days left.
  17. Name of the Claimant ? CABOT FINANCIAL (UK) lTD Date of issue – 03 MARCH 2016 What is the claim for – 1.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 Apr 24 2008 and assigned to the claimant on Jun 27 2014 Particulars a/c no *************** Date 04/02/2016 Item Default balance value 7458.73 Post Refrl Cr NIL Total 7458.73 What is the value of the claim? £7969 inc Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Bank Loan When did you enter into the original agreement before or after 2007? Original, not sure? My wife took out a top up loan and Im guessing this is the date on the claim, 24/04/2008 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, Did you receive a Default Notice from the original creditor? Most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Most likely Why did you cease payments? Could no longer afford them What was the date of your last payment? Cannot remember to be honest 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, we agreed after a bit of a struggle to reduced payments Had a claim form come through with regard to an old unsecured loan that my wife took out with Lloyds TSB some years back. They have obviously flogged it to Cabot to try and reclaim the money from my wife. She defaulted on it some years back when my business went belly up and although for a while we were making token payments we could soon no longer afford them and fell out with the lender. It was about this time that Lloyds ditched TSB and they went their separate. For some reason or another all correspondence stopped and it went cold and it stayed this way for a few years until Cabot came sniffing around a while back. I should point out here that at no point did we reply/contact Cabot in any form. I have checked my wifes file on Noddle and cannot see anything listed for this loan, in fact the only thing I can see is her current account which is in good order. the info required, I am now going to send a CCA request to Cabot and a CPR31.14 to Restons. As it now stands I have acknowledged the claim on MCOL and ticked Defend All. I know I have lost some time already but without going into details we have had a sad loss at home over the last week. Many thanks in advance for any help.
  18. Hello I received a letter from Restons a couple of weeks ago regarding a debt from Arrow regarding a credit card. I sent the £1 request for details and have now recieved a letter back saying they are ignoring my request as the letter has not been signed Can they do this or do they want to lift my signature to paste it on documents Thanks
  19. I have a thread elsewhere about being backdoored with a CCJ by Rectums/Carboot which is progressing nicely. Once I realised I had been CCJed with a default judgement I went into fightback mode, went for a set-aside and Rectums have pulled out on me and Discontinued a case that at the moment they still have an active CCJ on. Wont be long before that resolves itself though. However, they are holding something of a smoking gun in that I know AND it looks like I can prove Carboots instructed their Rectum to issue paperwork knowingly to my previous address thus winning the Default Judgement. Im up for the fight on this one and have yet to find anybody else with the same level of proof I have got. So, how to proceed? Im thinking SAR Carboots and request the very piece of information they cannot deny they have (because I already have sight of it) and see what happens or is there another way? No point going to their trade body so who are they regulated by and will they bother to take any action. As for Rectums, their trainee solicitor (Grade D) needs the wind taking from her sails. Not sure whether there is anything I can do to her at the moment but the briefest of looks at their claim would have confirmed they were trying it on with a very Statute Barred debt and actually got a Judgement on it. Any avenues here worth pursuing? I want to put something together that really will get their attention but do I attack them or do I go elsewhere? How illegal is it to knowingly raise a case using the wrong address when it is a fact you have the correct address in your possession?
  20. Hi folks, I just need a bit of advice as to what to do next regarding my most recent correspondence from Restons. The back ground is that my Husband received a letter from Restons advising that he was being taken to court regarding an old Credit card debt with vanquis to which we responded with this letter..CPR 31.14. They wrote back, I can't quite remember exactly but from what I can remember it said that they didn't have the documents that we'd asked for but they were going to try and get them. We submitted this defence to the court (I will cut and paste it below) and this is all we have heard from them since then apart from a couple of letters saying the documents/agreements still haven't been found. 1: I received the claim XXX from the County Court Business Centre, Northampton on 10th September 2014. 2: This claim is for a credit card agreement regulated under the Consumer Credit Act 1974. 3: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit. 4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The Claimants Particulars of Claim states that the account was assigned from Vanquis to Cabot Financial Limited on 23rd February 2011. The Defendant does not recall receiving notice of this assignment. 6. It is denied that Vanquis served any Default notice on the Defendant pursuant to S87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 7. On the 15th September 2014, I sent a request for inspection of documents pertaining to the claimants Particular of Claim under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide copies of the Agreement/contract, Default Notice, assignment and formal demand. 8. Restons Solicitors have not sent any of these documents to me. 9. On the 15th September 2014 I sent a formal request for a copy of the original agreement to Cabot Financial pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. 10. The Claimant has failed to comply with [s 77 (1) / S 78 (1)] Consumer Credit Act 1974 and by virtue of [s 77 (4) / S 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. 11: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. 12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed, be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. The letter we received today from Restons has attached a copy of the "digital signature application details" and a Statement of account. The last payment on the statement was a ROP Payment?! I have no idea what that means, there are quite a few 'ROP payments' in the statements and the last payment date was the 05/03/2010. Finally, the letter says they are still awaiting a copy of the notice of Assignment and 'endeavour to provide is to us in due course' Could anyone advise as to what our next course of action should be?
  21. Hi, Claim form received from cabot through restons sols. Only just in the nick of time too.... I've moved and it went to the old address, I've acknowledged service. Next to cca, I guess? I'll post the particulars later. Might need some help with defence. So I thought I'd start a thread now rather than later Mike
  22. Hi all I've received a rather threatening letter from Restons Solicitors, I'm hoping you can assist me with my problem. Resotns solicitors been instructed by their Client Hillesden securities limited. I have received an n30 Judgement for claimant Resotns solicitors been. I believe it relates to a car finance agreement I had with Black Horse back in 2000 the Car price was £12000 to be paid over a period of 48 month. After few month later in year 2000 due to financial problem I wasn’t able to keep my payment of the monthly instalment to Black Horse. Black Horse decided to take back the vehicle and sell it at an auction for £5000. Black Horse put a default on my credit file (I do not know if that CCJ or not) but I wasn’t able to take any credit for six years and they started to charge me £20.00 a month until year 2010. Black Horse sold the debt to Hillesden securities limited with some advice from the Citizen advice centre I start paying them £1.00 a month as a token payment. In year 2012 for unknown reason I stopped the standing order by mistake. I didn’t receive any correspondents from Hillesden securities limited from year 2012 until November 2015 I received the court letter from there form Restons solicitors. They are demanding £1540 I wrote back to them asking to make a token payment of £1.00 but they didn’t reply back to me and when I phoned them they denied my offer letter. I received N1SDT from the court and they asked me to pay the £1725 court fee included. I offered the court £1.00 every month for six month until my financial status improved but they refused the offer and now I have N30 from the court asking me to pay instalment of £226 a month which I will not be able to afford. I do not know what action to take as I don’t own a property; I am currently in a renting accommodation and already have family financial problems. Do I consider this as a statute barred? I need your help guys.
  23. Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+costs 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? After 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I have Notice of sum in arrears 5/10/14, Notice of default 2/11/14, Statement of default 4/12/2014 All sent directly from Capital One Why did you cease payments? Repayments got out of hand & I did not seek help when I should have done. What was the date of your last payment? Unsure, all statements were online, I have no paper statements for reference 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 managemnent plan? No I have acknowledged service & believe there are many default charges in this balance which I would like to contest. The POC is now incorrect as I made a payment on 10th Feb & I'm due to make another on 11th March as per a letter I sent letter which I sent to Restons prior to receiving their claimform, this letter has been returned to me stating they will not acknowledge receipt or respond to any letters without my signature claiming they must be sure who they are corresponding with, after they were sure enough of my identity to issue court paperwork to me of course! I'm assuming I need to send a cpr.13.14 now but can I simply initial the letters rather than using my signature? Also how will I tackle the charges issue? Thanks for reading this, all help is greatly appreciated
  24. Hi All, after a bit of advice please, OH was sent an invalid default notice and now the account has been terminated, and passed to capquest. what would be the best letter to use to deal with this one.. cheers lets
  25. Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – 22 Dec 2015 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - =Saturday, 23 January 2016 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Jan 14 2010 and assigned to the Claimant Particulars a/c no xxxxxxx DATE ITEM VALUE 03/12/2015 Default Balance 300.00 Post Refri Cr NIL TOTAL 300.00 What is the value of the claim? 300.00 + 35 court + 50 Solicitor = 385.00 Is the claim for a current account (Overdraft) or credit card/loan account or mobile phone account? Credit When did you enter into the original agreement before or after 2007? After 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 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? No receipt of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial issues What was the date of your last payment? Unknown, approx 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 mgnt plan? No
×
×
  • Create New...