cabot/restons claimform - old Halifax Credit Card 'debt'

[Ms Trampoline]

Name of the Claimant ? Cabot Financial UK ltd

Date of issue – 3 march 2016

 

Date to submit defence = by 4pm Monday 04/04/16

 

What is the claim for – the reason they have issued the claim?

 

1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant

and halifax dated on or about October 23 2006

and assigned to claimant on June 27 2014

 

What is the value of the claim? £4695

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot financial

Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter of assignment

Did you receive a Default Notice from the original creditor? I think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so

Why did you cease payments?

Ex partner ran up about £35k of debts in my name, then did a bunk,

I only work part time to look after our daughter,

and don’t have any money for debts, so payments stopped

 

What was the date of your last payment? Around October 2010

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

yes, and offered a lump sum of £500 in Full and final about 3-4 years ago

 

Hoping someone can help me please,

Restons have issued against me for an old debt that my ex partner ran up in my name.

I've filled in the questions below that I saw asked on another thread.

I'm posting the CCA request off tomorrow,

I did a data protection request a few years back

and I was sent unsigned terms and conditions

and screen prints of my details

thank you

[dx100uk]

note the corrected date of defence filing please.

 

 

get the claim acked on MCOL website [AOS]

defend all

leave juris unticked

 

 

get a CCA request running to CABOT

get a CPR31:14 running to restons.

 

 

don't sign anything

read the full clickme link threads first

[dx100uk]

you say this was your EX?

 

 

did YOU sign the agreement

or he forged it?

[Ms Trampoline]

thank you, will get it all posted off tomorrow.

 

It was my card, that my ex ran up the debt on, without my knowing about it,

 

I did try paying it all to start, but it got to a point where I just didn't have the money

(he doesn't pay anything towards his daughter,

despite me claiming through the CSA/CMS)

[Ms Trampoline]

letters sent off by recorded post today, with a cheque my Father made out for me so it didn't have my signature on.

thank you

[dx100uk]

mcol done too?

[Ms Trampoline]

mcol done too?

 

Will be done today. thank you

[Ms Trampoline]

As the defence has to be submitted by 4pm on Monday 4th,

with Friday and Monday being bank holidays,

do I need to submit a defence by 4pm Thursday 24th? (2 days away)

 

The requests sent off were signed for on the 9th,

so that gives them till tomorrow to get the docs to me,

only giving me one evening to get the defence lodged.

 

 

Is this correct?

 

thank you

[Andyorch]

Good Friday is an extra day...so you can submit on the Monday as planned.

 

Andy

[Ms Trampoline]

Both the CCA and the CPR31:14 were signed for on the 9th March, as yet nothing has been received from either the Restons or Cabot, and the cheque hasn't been cashed. Am I right in thinking the CPR31:14 had 7 days, so till the 16th March and the CCA was 14 working days, so that takes them to the 29th March to produce documents? thank you

[Andyorch]

I wouldn't concern myself with CCA/CPR dates ...as they wont comply...just concentrate on your defence.

[Ms Trampoline]

I wouldn't concern myself with CCA/CPR dates ...as they wont comply...just concentrate on your defence.

 

I'm going to get the defence submitted tomorrow now.

I've had a response from

Cabot as to the cpr request stating they won't answer any unsigned letters, so they aren't providing any copies of docs they have referred to.

[dx100uk]

can we see your defence please?

 

 

dx

[mercyblue]

I'm going to get the defence submitted tomorrow now.

I've had a response from

Cabot as to the cpr request stating they won't answer any unsigned letters, so they aren't providing any copies of docs they have referred to.

 

I wouldn't worry about that (pretty stupid) response, you could add it to your defence, personally I wouldn't I would keep it in my pocket as future ammo should I ever need it.

They will have to provide the docs under standard disclosure should they wish to proceed the claim. If it ever gets as far as a directions questionare I would ask that they bear the costs using the letter as proof that they don't bother with the CPR.

[Ms Trampoline]

I'm working on my defence today now, and I'm a bit unsure of where to start, do I mention that my ex partner ran up debts etc in my name, therefore need the proof of my signature etc , or can someone point me towards something I can look at?

 

thank you

[dx100uk]

you need to go read some claim threads here mst

cause unless you've done it whilst not logged in

 

 

you've not browsed any I can see.

[Ms Trampoline]

Particulars of Claim

 

1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and halifax dated on or about October 23 2006 and assigned to claimant on June 27 2014

 

 

Is this ok as a defence?

 

1. 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that she has held an account with Halifax in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request.

 

3. On receipt of this claim I requested information pertaining to this claim from Restons Solicitors and Cabot Financial(UK) Ltd. by way of a CPR 31.14 and a section 78 request dated 8th March 2016. Restons have acknowledged receipt but refused to accept this request as genuine and refused to respond to further requests without a copy of my signature, despite, postal details remaining the same. I have not had any response from Cabot Financial(UK) Ltd. The claimant has failed to supply an supporting documentation.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of contract, requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right either under statute or equity to issue a claim.

d) Show the alleged account has/was been terminated in the correct manor.

 

5 As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6 It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited March 31, 2016 by Andyorch
Particulars added

[dx100uk]

IMHO for the time being

i'd keep the blue bit till later

 

 

let andy confirm first

[Ms Trampoline]

thank you, it doesn't need to be submitted till next Monday, so i'll wait and go through it again tomorrow rather than sending it in haste.

[Ms Trampoline]

Morning, was the above defence ok to send after please?

 

I've had another email from Restons today stating that the amount required to redeem the above account is £4,900 (rounded up, the figure was the original balance before court costs etc). This figure is valid until April 15, 2016.

 

Our Client has requested that the account is placed on hold whilst they respond to your request for the original agreement.

 

I'll still get the defence sent off today.

 

thank you

[Andyorch]

Defence checked and amended Ms Trampoline...I have removed the references in blue with regards to fraud..it is not required at this stage...possibly later.

 

Regards

 

Andy

[Ms Trampoline]

Thank you, defence submitted electronically online today. In the mean time the last email from Restons, was stating their clients have requested this be placed on hold whilst they respond to my request for the original agreement.

[dx100uk]

makes no odds

[Old Cogger]

yes stick to court time table not those cowboys

[Ms Trampoline]

UPdate: on the 1st April I received a letter from the courts acknowledging receipt of my defence, they said that the claimant will have 28 days to respond.

 

Today I received a letter from Restons stating basically that all the info i'd requested I would have had at the time of taking out the card, and that I would have received monthly statements and to refer to them. They also state that I would have received a notice that halfiax were transferring the debt to a third party. and if I wish to review any of the docs to refer to my personal records.

 

they then go on to say that they acknowledge I did send a CPR31.14 and section 78 CCA request, but the letter they received from me was returned unsigned (it was a digital signature) and the section 78 they have no record of (that was sent to halfiax on 9th March and signed for, I've received no response from Halifax but I have from restons requesting that the case is placed on hold whilst the clients look for the information, they have also cashed my Fathers cheque for £1 on the 1st April)

Restons are now asking that I provide evidence of the section 78 request and evidence of the £1 statutory fee being paid.

 

IF i'm unable to provide this to them they request that I complete the N9A form they have enclosed within the next 14 days.

 

What do I do next please? thank you