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  1. 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.
  2. 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
  3. Hello everyone , I need some help regarding a small claims court claim from cabot and a old capital one credit card. Cap1 took me to court back in 2011 , but it never went to court in the end as I settled with them the day before by signing a Tomlin Order, I did make two payments in regard to the order however both these payments went missing as I payed by cheque , in each case the cheque was cashed and my bank confirmed they had cashed it !!, I gave up with them and have not heard anything from them since. I did dispute the balance with the original creditor and they agreed to take off all the charges off. I want to dispute this claim in full and would hope some members here could offer some advice, I guess the first step is to do a "acknowledgement of service" with the court and then send a CCA request to cabot Any advice would be helpful , thankyou.
  4. My son has received a County Court claim relating to a debt he had whilst a student in 2009, only a relative small amount but one that Restons seem keen to secure. He sent back a very quick defence that as it was 6yrs old it was statute barred as he cant remember who are what the debt related to and has no default notices or statements from them to go back on. They have responded to the defence saying that he has not provided any details of when last payment was made or when the limitation date came from. To be fair its all from memory as a hell of a lot has happened since then. The response goes on in a rather wishy washy way to claim that their clients, whoever they are, terminated the around on or about 2nd April 2010, which is fortunate for them as it brings it back within the 6yrs. They have given him 14 days to respond, what they mean is admit, or they may ask for the defence to be struck out. Any ideas folks please on what I can tell him to do, surely we need a bit more detail and some actual documentation before we hand over a couple of hundred quid to these sharks. Thanks
  5. credit card debt. was with Arrow. they sent letter that all "queiries, correspondence and payments" should be with Restons. recently got letter from Restons. I sent a CCA to Restons.(£1) They have returned it saying they are not the creditor, and that I made the PO payable to them. I am confused. Have I wasted all that time and effort (sent as Track and Trace)? do I resend CCA to Arrow?
  6. Hi all I've received a rather threatening letter from Restons Solicitors which has my head spinning. I know I need to calm down and respond correctly, I'm hoping you can assist Restons have sent me a letter saying they have been instructed by their Client Cabot Financial (Marlin) Limited to seek immediate payment etc etc they are demanding £3476.42 by the 25th of this month or they'll issue proceedings. They state they have previously notified me that they have acquired the rights to the account and are such entitled to receive payment. The first I heard about this alleged debt was about four weeks ago when I received four years worth of annual statements from DLC on the same day in separate envelopes (I received a fifth a few days later). I believe it relates to a car finance agreement I had with Black Horse back in 2007 but other than mentioning Hillesden Securities, Formerly Black Horse in the statements I have no evidence of this. The amount shows on no credit reference agency searches I've heard nothing from black horse whatsoever. The annual statements 'ive received en-mass are from DLC and state that the original term no longer applies and that no interest is being charged. They also prove that no payments have been made as the balance from the first (which covers 29/10/2010 to 28/10/2011) is the same as the latest annual one I forgot to add, the account was defaulted several months prior to the vehicle being handed back and sold off at auction. The dispute related to the shortfall. I believed at the time they hadn't made reasonable efforts to get a fair price for the car Thinking back, I started working with my current employer in july 2009 and didn't have any car at all then, so it was definitely prior to that ie statute barred Do I send a statute barred letter to DLC, or Restons (or both), and should I send a 'Pre Action Conduct Letter' to Restons Thanks in advance
  7. Hi folks Just before Christmas I had a MCOL claim from Cabot via Restons Solicitors (for an old credit card - claim value approximately £1600 formerly with Cap 1). I filed an acknowledgement of service and sent the appropriate s78 CCA and CPR 31.14 notices. I had a smiliar claim against me from another creditor about 2 years ago and was able to submit the defence in good time. The s78 and CPR letters were sent by me unsigned. Yesterday Restons returned my letter saying that whilst it purportedly came from me, without a signature they are not able to do anything further. Any advice much appreciated. Cheers NC
  8. M&S debt (preference account) - CCA Feb 2009 which produced an unenforceable application form, no terms et c - M&S were advised with no acknowledgment of debt from last activity in Feb 2009. Defaulted by M&S Oct 2009, which fell off my credit record Oct 2015. Debt was sold on by M&S in 2012 to Marlin, whom via Restons issued a court claim dated 2 December 2015, for the full amount. Sum is a little over £5k and is the same amount that the account was defaulted for back in 2009. I received the papers on 4 December 2015, I immediately acknowledged via MCOS, AOS submitted 4 Dec 2015 stating I intended to fully defend the claim. I intend to defend on basis the claim is statue barred - but need some help from you guys on how to construct and phrase my defence. Any and all comments and help greatly appreciated. Abby x
  9. Hello Everyone I am hoping to serif anyone can advise me please ? Background - credit card debt £20K, CCJ obtained forthwith, Interim then Full Charging Order granted all in 2011 by Restons I didn't attend CCJ hearing but did attend Charging Order hearing. No repayment terms were set at CCJ or Charging Order hearing. I have so far repaid back £4K so debt outstanding is now £16K. Not heard anything from Restons in 4yrs. My question - Recently had a letter from Restons wanting a full I&E etc. They say it's to make sure affordable and realistic payments are being made. If not sent to them though, order for sale can be forced they said. As no repayment amount was set by court can I apply to court (even though it was 4 years ago) to get a Variance Order so I can set a fixed monthly amount rather than panicking and paying more than I can afford. The logic behind this being if I have a set amount made by court and stick to it then there should be no reason for them to try force an order of sale. Does my rambling make sense ? Thank you for listening. Megan
  10. Hi, I'm hoping you can offer some advice for a friend of mine please. He has just received a Court Claim Form for an old MBNA credit card debt (possibly Virgin Credit Card) and doesn't know how to proceed. Long story short, he became ill towards the end of 2010 and began claiming incapacity benefit from January 2011. His illness is ongoing and currently no forseeable end. he could no longer afford to pay his debts after a short while and he thinks he informed some if not all of his creditors about his situation but none of them were helpful and so he ceased payments. Now he has received a court claim from Restons and is unsure of what to do. Since this debt dates back to 2008 there could possibly be some unlawful charges attached to it therefore meaning that all the money Restons are claiming will be false. Should he send the acknowledgment of service and a defence stating that he disputes the full amount and then contact Restons to ask them to prove the debt? Looking forward to any advice and help you can give please, he has to respond by 21st December. Thanks
  11. Hi, I could really do with some help. I have been the victim of fraud by a builder working at my property accessing my credit card without my knowledge and running up a huge debt. I very rarely used the card and never received statements in the post. Turns out the statements were being sent but were being accessed and disposed of whilst I was at work. I have been fighting this debt since 2004 with the debt being sold from one debt collection agency to another. Finally Arrow Global instructed Restons Solicitors to take me to Court for the settlement of the outstanding debt which was not caused by me. Unfortunately I lost the court case and the Judge found in the favour of the Bank (they had a better Barrister than me) and now I have to pay back thousands of pounds of debt that I didn't cause. I have been told I cannot appeal the decision. I am being forced to pay the debt whether I like it or not! I am a single mum and cant afford this and shouldn't have to pay something that has nothing to do with me. I have offered a payment of £50 a month just to keep them quiet but they have rejected my offer. They want nearly £300 per month which I cannot afford. Does anybody know who I can talk to clear my name or is it too late now I have gone to court? They also want to do a charge on my property that I don't want. I have since found out this Builder has a criminal record and has done the same [problem] to other people. If anybody knows how I can deal with this, it would be appreciated. The Police were made aware initially when I first found out what was going on , but were unable to help me, stating it was up to the Bank or Credit Card company to protect me as the Consumer and their Customer. I certainly haven't been protected in any way shape or form.
  12. 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.
  13. Hi all, I have looked through a few other threads, as there are quite a few regarding Cabot/Restons, but can't find anything like my situation, so hopefully someone can help. This is my other halfs issue really, but am trying to help her out as much as I can. Back in November 2014 we got a few letters from a debt collection agency about a Vanquis credit card debt it said my wife owed. She did not recognise the debt, so we wrote to them asking for a CCA and statement. We have kept a photocopy of this. We didn't hear anything back, and I will be honest and say we just left it. In June my wife got a letter from Northampton CC saying that Restons had taken her to court for £472.67 on behalf of Vanquis bank for a debt that was taken out on or around 22nd April 2010. We went online immediately and disputed it. I told the court we had never had any correspondence from Restons regarding this matter, but we did have another debt collector and we had already requested a full statement and CCA, which we never recieved. We asked again, through the court for a CCA. The court stayed the judgement. As I said this was back in June. Restons have said they have asked for the information from the original creditor, but they said (their words) that this can be a lengthy process. We told them as far as we were concerned they had 12 days to produce the relevant information. We got another letter today stating that they are sorry for the delay and they are still awaiting the information from their client. The invite my wife to put forward an amicable settlement proposal. Now, I realise we/I have probably done a lot of things wrong here, but where do we go from here? My wife has said (this was before me) she may have taken the CC out, she was with an ex at the time, but she honestly can't remember and she has no paperwork at all for a Vanquis CC (she keeps everything, so I find it unusual she wouldn't have something). So what should we do now? Many Thanks.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. GM firstly a note to say this is a temp. thread as all of my previously started threads are currently lost in cyberspace. Bit of history:- Credit card first taken out in August 1999. Hubby always been self employed. DMP started in 2008 Stopped payments in 2009 and account charged off and has since been passed to several DCA's but I have dealt with them all by CCA requests which none have been able to comply with. SAR requested in March this year in an attempt to get the CCA and all statements to do PPI claim. Information received in June. Looking through the mountain of paperwork received it would appear that the account was opened in 1999, but then in 2001, closed and the balance transfered to a new card, which is the account being pursued. So, I have received some, but not al,l statements from original account, and application form/agreement (presume it's the CCA) that has been filled in by bank, PPI selected by bank and clearly stating self employment status so shouldn't be a problem claiming this back. However, Lloyds still have not supplied a CCA for when the transfer took place, they have so far sent me 3 reconstituted agreements following my CCA request for this account, but what they sent relates to the previous account. I'm flummoxed ! - and pretty annoyed at their suggestion that I am trying to "write off a legitimately owed debt " I have written to them several times pointing out that I am not trying to do this, but I am just trying to confirm the amount owed either by me to them or indeed them to me. They just keep sending me duplicate letters. I might be being pedantic, and perhaps I should just go ahead and send claims for both accounts, but without the CCA for the later account I'm not sure if both accounts are 1 in the same. There is nothing in the SAR paperwork that indicates the closing of 1 account and transfer to new account other than the statements and 2 account numbers. I don't trust Lloyds (or any other bank ) as I have several disputes going on with them at the moment and have learnt that will do anything to avoid admitting responsibility. I've spent hours and hours going through others' threads trying to find a similar situation but no joy. Any advice or suggestions as to where I go from here?
  19. 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
  20. 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
  21. 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
  22. 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.
  23. 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
  24. Hi, I have received a claim form today with the following details, any advice will be appreciated! This is the first I have heard of this issue!! Issue date 17/04/2014 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 Egg dated on or about 13/06/2006 and assigned to the claimant on 28/02/2013 in the sum of (14k) Particulars acc no xxxxxxxxxx Date 03/03/2014 Item Default balance Value 14k Post Refrl Cr Nil Total 14k What is the value of the claim? Approx. 14 k Has the claimant included section 69No Is the claim for a current or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? 2006 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 Arrow Global via restons solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? This is the first correspondence 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 can anyone offer any help? really don't understand what I should do??
  25. 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.
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