Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[WelshMam2009]

just opened a letter from Solicitor acknowledging CPR 31:14

"We would point out that the Claim was issued via the CCBC which is a procedure specifically provided for in the CPR.

The procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures.

 

I don't think that's strictly true, but am happy to be corrected.

Whilst there is no facility for digital attachments, MCOL does allow particulars to be served separately on the Defendant. All they have to do is tick the box which says that further particulars will be supplied to the defendant.

[Orchid47]

Received another letter following Defence that I entered.

 

We note you have recently filed a Defence to court proceedings issued against you

 

Although we believe the POC contained enough info for you to understand what this matter relates to, please note that Cabot Fin (UK) Ltd is a debt purchaser. We would advise that this simple debt recovery action and the relevant facts are as follows:

 

1. The outstanding balance referred to in the POC relates to two CC accounts. Our clients records indicate that the original CA were dated on or about 18/09/93 and 6/10/05 respectively

 

2. Statements of accounts would have been sent to you on a monthly basis during the lifetime of the accounts. Such statements will have identified any items of expenditure, payments made towards the account, the application of any contractual interest / charges and the outstanding balance

 

3. You failed to maintain the minimum monthly payments as required by the Statement of Account and accordingly your Credit Agreements was terminated

 

4. In line with the T's and C's of the CA, the original creditor had a contractual right of assignment.

They were entitled to transfer their rights and benefits under the CCA to a third party and that right has been exercised.

 

 

Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice of Assignment from Cabot

 

Furthermore when this firm was instructed, a letter was sent to you before any action was taken, in compliance with the Practice Direction - Pre Action Conduct and Protocols

 

Our firm did receive your request under CPR 31:14 and a response was sent to you.

We are unsure of exactly why you have raised issues with the Claimants POC when this matter was clarified at paragraph one of our response.

Furthermore please note your request itself is defective as there is no mention of a Notice of Assignment of a Default Notice within the POC

 

As set out above it is the Claiments position that notice of the assignment of your accounts was previously sent to you and we note that you do not claim that Lloyds are continuing to pursue you for a balance outstanding. In view of this we would suggest that you do not have any sensible reason for challenging the assignment of your account to the Claimant.

 

Our Client has informed us that they have received a request from you pursuant to Section 78/79 of the Consumer Credit Act. Therefore our instruction at this time is to hold any further action until notification is received confirming your request has been complied with.

 

 

Please note that non- compliance with such a request however only renders this matter unenforceable until such a time that the request has been complied with

 

Once we have an update we will be back in touch

Yours

Rectums

 

Ok, please can you translate this letter for me CAG

 

Thank you

[renegadeimp]

It means... crap. You called our bluff. We don't have paperwork but we're going to make it look like we're the good guys anyway.

 

 

Now, if this is under court action, make sure you follow court timeliness. Cabot will lie through their teeth and misdirect you so they can get a default or bogus judgement

[Orchid47]

Thank you

 

Now I had a letter from the Court saying my Defence had been received but don't recall anything else from them. I've logged into MCOL and all I can see is that they received my defence. What am I looking for?

[dx100uk]

nothing.

 

as the other letter they sent earlier

that's simply a std waffle rectums send

 

safe to ignore again

 

claim is stayed

next move is theirs

[Orchid47]

Ok, thank you

 

I have received a letter from Restons saying I haven't withdrawn my defence and neither have I paid.

 

The letter states that in line with T's and C's which governed the account, the original creditor had a contractual right of assignment.

 

They were entitled to transfer the rights and benefits under the account to a third party and that right was exercised in 2012.

 

Restons say that Crabot want to achieve a settlement without the need for litigaton and therefore is willing to enter into a payment arrangement that is affordable and sustainable for me.

 

I have 14 days to respond???

 

They want me to fill in a financial statement!!

 

and confirm my offer???

[dx100uk]

same as post 30

[Orchid47]

ok, thanks dx100uk

[AndyOrch]

It would appear its a general threat o gram to all defendants.....5th I have seen this week...trying to clear the " Decks " on all their stayed cases before Xmas

[Orchid47]

Wow, out of the blue I have received another two letters from Rastoons

 

Please can I ask for your advice?

 

First letter dated 29th July 2018 states that although the original Court Papers issued were for two Credit Cards they wish to partially discontinue the proceedings by way of a service of a Notice of Discontinuance which seeks to discontinue part of the claim filed with the court.

 

The letter further states that although this part has been discontinued this does not mean the debt has been written off or that I am no longer liable to repay it

 

Then on the 31st I receive another letter from Rastoons with the following:

"You should now be in receipt of a second letter which confirms our Client has taken the decision to partially discontinue its Claim for one of the Credit Cards XXXX. Thus any correspondence issued by this firm moving forward is solely in relation to the remaining Credit Card XXXX and are still ongoing

 

Our Client has now provided us with documentation relating to your account and we now enclose the following items;

Signed agreement dated 04/09/1993 together with original T's and C's

Varied T's and C's

Statement of Account showing credits and debits applied to account between June 2004 and May 2006

Transaction Log showing credits and debits applied to account between June 2006 and August 2010

Transaction log showing credits and debits applied to account between July 2010 and Dec 2015

Screen shot of originals Creditors Case Management System confirming default Notice was issued on 09/June 2010 and Final Demand on 28th June 2010

 

Notice of Assignment served to me on the 4th Nov 2012 along with notice of the same issued to me on behalf of the Original Creditor

Correspondence sent to me by Claimant prior to firms instruction

 

Now that you have the above docs our Client has confirmed that your request made pursuant to the Consumer Credit Act for documentation in respect of your account no. XXX has now been complied with

 

You state in your Defence that you recall entering into Credit Agreements with Lloyds Bank but do not recognise the specific account numbers.

 

We draw your attention to the enclosed Credit Agreement which is signed by yourself and specifically quotes the account number XXXX

 

You also state you are not aware of any notice of assignment.

We direct your attention to the Notice of Assignment enclosed and the letter sent to you on behalf of the Original Creditor which is also notified you of the assignment

 

With respect to your allegations regarding the Default Notice we draw your attention to the enclosed screenshot extracted from the original Creditors case management system, confirming that a Default Notice was issued on 9/6/2010

 

We also confirm that your requests made pursuant to CPR31.14 and section 78 of CCA 1974 have now been complied with

 

At this juncture, in respect of account number XXXX you have now been provided with docs which evidence that :

you entered into a Credit Agreement for a Credit Card Facility with the original creditor;

that you utilised the credit facility and failed to maintain it by not making the required minimum monthly payments;

that you defaulted on the Credit Agreement and were put on notice of the Default;

that you did not bring the arrears up to date and subsequently the Credit Card Agreement was terminated;

the account was assigned to the Claimant and you were put on notice of that assignment both by the Claimant and the Original Creditor;

there is a substantial outstanding balance owing on this account

 

In light of the above we do not believe your Defence has any real prospect of success

 

Thus, the purpose of this letter is to give you one final opportunity to withdraw your Defence before an application is made to lift the stay on these proceedings, to strike out your Defence and to enter Judgment against you for the full amount claimed, together with legal costs and fees.

 

To withdraw your Defence please complete the enclosed form N9A and return within next 14 days

 

Alternatively, our client is prepared to consider any reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation

 

We look forward to hearing from you "

Edited August 7, 2018 by dx100uk
format

[dx100uk]

so in essence they have discontinued ONE of the merge card claim

and are naughty bits waving that they MAY seek Summary Judge on the remains of the claim [the 2nd card of the Org Claim]

 

so you know what that equals don't you - ignore them

its a begging letter

pay us something before we have to Disc'd the remaining part of the claim too!

 

which one is it?

 

16/07/2016 - Default Balance - £4500.22

16/07/2016 - Default Balance - £9340.55

 

dx

[Orchid47]

They have discontinued the lower default one £4500.22

[dx100uk]

that's about right for them...

 

pers i'd sit on your hands and see if they do issue an N244

[Orchid47]

Odd that its taken them 2 years to come back to me?

[dx100uk]

someone been looking in the lemon claims waste bin

probably needs a few £'s to pay for their child to goto private school soon and wanted to put out a few letters to see if he could fund it by mugging people with stayed claims

[Orchid47]

Is mine a stayed claim then? What does this mean?

[dx100uk]

ofcourse it is

its + 2yrs old!!

they had 28days from your defence filing date

[AndyOrch]

If you could scan redact and upload the documents they have sent you Orchid ?

 

 

Andy

[Orchid47]

Ok, Andy, but probably best if I scan the important ones as they sent me envelope about 1" thick !!

[AndyOrch]

Just the ones below you listed in your post....

 

Our Client has now provided us with documentation relating to your account and we now enclose the following items;

 

Signed agreement dated 04/09/1993 together with original T's and C's and Varied T's and C's

Statement of Account showing credits and debits applied to account between June 2004 and May 2006

 

Screen shot of originals Creditors Case Management System confirming default Notice was issued on 09/June 2010 and Final Demand on 28th June 2010

 

Notice of Assignment served to me on the 4th Nov 2012 along with notice of the same issued to me on behalf of the Original Creditor

[Orchid47]

I hope Ive done this correctly. Its taken hours LOL

 

I did scan them all in and rotate them correctly, but when I have combined all the PDF's together in the link you give it has rotated them all back to the wrong way

 

Im really sorry guys,

 

Hope its ok

 

or would you like me to attach them individually???

letters+agreements+TCs.pdf

[dx100uk]

thread tidied

all docs in above pdf

[Orchid47]

Thank you dx100uk

[AndyOrch]

Will run through it in more details tomorrow Orchid...but at a glance your defence will not be withdrawn.

 

Out of interest...will this now be Small Claims track rather than Fast Track...or does the court fees take it over the threshold ?

 

 

Andy

[Orchid47]

ty Andy