Cabot/reston claimform - sainsbury Credit card 'debt'

[dx100uk]

don't worry about it.

[Dire1]

don't worry about it.

 

Thank you. Is draft 2 acceptable?

[dx100uk]

per I much prefer the version in post 7 of that thread I posted earlier

http://www.consumeractiongroup.co.uk/forum/showthread.php?469002-Arrow-Restons-claimform-for-old-EGG-loan&p=4941679#post4941679

[Dire1]

per I much prefer the version in post 7 of that thread I posted earlier

http://www.consumeractiongroup.co.uk/forum/showthread.php?469002-Arrow-Restons-claimform-for-old-EGG-loan&p=4941679#post4941679

 

I did think so. But that is for a loan and mine is a credit card, and all aspects of his defense are in mine lol

 

But your preference aside, does my defence have the required legal framework in place? Does it suffice?

 

As much as I'm trying not to be a pain in the butt, my defence cannot be a copy and paste affair. I have personalised it.

Thank you...

[dx100uk]

The comment of copy and paste I made was because you didn't check that it aligned with their poc

Yes the other is a loan but that's all you need to amend .

 

And of course one is sec 77 the other is sec 78

 

Don't like your point 5 about the CPR either

Shorten it to the claimant s solicitor have refused my CPR request further frustrating my attempts to gather documentation relevant to the claim

 

Or words alike

 

Dx

[Andyorch]

Defence in post #49 tweaked and point 5 redrafted.

 

Regards

 

Andy

[Dire1]

Thank you Dx and Andy.

[Dire1]

5. On receipt of this claim, I sent a request pursuant to s78 of the CCA 1974 for a copy of the agreement to the Claimant. The Claimant has acknowledged this request but remain in default of my request as of this date.

 

A further request was made via CPR 31.14 to the Claimants Solicitors, requesting disclosure of documents referred to in the claimants particulars. The claimant's solicitor have refused my CPR request therefore frustrating my attempts to gather documentation relevant to the claim.

[Dire1]

Defence submitted.

[Dire1]

Received court defence acknowledgement letter today.

 

A copy is being served on the claimant or their solicitor.

 

The claimant may contact you directly to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence.

 

After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[dx100uk]

Std reply

Time to go read what could happen next

[Dire1]

Interesting...

 

I have received a letter from Reston's (will upload over the weekend ) asking me to provide evidence of a s78 request which is hilarious since Cabot their client has confirmed receipt. Does a solicitor not communicate with its client?

 

Then I don't understand if this is some undertone letter to discourage or rattle me, after all their response if it is a response to my defence should be sent via the court, nothing on the letter suggests it has.

 

Then after stating they would advise I should check if I have the documents, they say they are waiting for their client to provide the documents I requested while saying I should prove I sent an s78

 

There are lots of should - I sent a cpr and s78, the onus of proof is not mine.

 

I'll put it up over the weekend so can get advice if I ignore or reply!

Now I'm being to get the Rectums part!

[dx100uk]

sent to rattle

ignore

 

 

dx

[jackreacher]

Looks like they are struggling to find the paper work they need to continue. This will make for an easy defence or they may not go to court if handled properly. Fingers crossed.

[Dire1]

Thank you dx and jack

[Dire1]

No paperwork or contact in post, by the court or claimant or solicitor. Checked mcol and no update beyond submitting my defence.

28 days has come and gone.

How do I check where things are at?

Can I call the court?

[Old Cogger]

ll the court for update no doubt stayed

[Dire1]

Hello everyone,

I am yet to contact the court as I had some pressing family matters to attend to.

I'm back home and got a letter from the claimant which I'll attempt to load up.

I will also call the court tomorrow just to ensure my case is stayed.

 

Wonder if legitimate legal creditors accept settlements of 20- 30 %?

[jackreacher]

Good news and will ease the pressure on you... They don't normally bother to find it after issuing this letter and if any other DC comes in and takes you to court this will be strong evidence if the circumstances have not changed.

 

Pleased for you.

[Dire1]

Court advised Claim stayed- early October!

 

They'll have to reapply and pay for the case to be reopened as they didn't respond to defence within the deadline!

 

Thank you dx, Andy, and everyone else on the forum. The impact of having advice and reading people's experience is immeasurable!

[dx100uk]

good, lets hope they don't magic up paperwork.

if they do scan it up.

but do expect them to try things on with you.

 

 

glad to help.

i'll use any tool in my toolbox make users focus...

[Dire1]

Hello all, I'm back and not as the terminator !

 

In the last 12 months I have received a few letters from Restons offering reduced payment.

I tried the contact number on the letter.

I never got the phone picked up by Miss L Murtagh

 

on one occasion called Cabot asking if the debt indeed is mine and indeed owned by them, could I agree on a payment with them.

Cabot refused and asked me to speak to the invincible Miss L.M.

 

Today in my post,

I received a cover letter which I will upload,

with supposed copies of my statements.

 

The last one is dated 17/04/2009.

None of them have letterhead or logos.

 

When I called Cabot last year August, they confirmed the debt will be out of statutory by September this year.

 

This letter from Restons is giving me 14 days to withdraw my defence otherwise they will ask for the stay to be lifted.

It equally states that the client might be willing to consider a reasonable settlement.

 

I explicitly said all contact to be done in writing,

but the person at Restons has not made herself available on the phone,

when I called and I never left a message to protect myself.

I have read through other threads but still unsure!

 

What do I do next?

Thank you!

[dx100uk]

please STOP RINGING PEOPLE!!

 

what you have is the std reston willy waving threat that you'll see on most stayed reston claims here already.

 

unless/until you get something from the COURT

its safe to ignore them.

[Dire1]

Hello Dx (said in a whisper)

 

Oh and thanks for replying.

 

What I want to know is whether they have a legal right to enforce this?

 

Does statutory apply in this case?

 

Am I able to offer a settlement without agreeing to their owning the debt?

 

Because yes I want this to go away finally!

 

And please o wise one, could you kindly answer my questions specifically,

 

Reading around statutory barred debts below, does this apply to my case?

 

Should I write to Cabot informing them the debt is statute barred?

 

'A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred'

[dx100uk]

the issuance of a claimform stops the SB clock.