• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

    Hi,

    First of all, thank you for this site, you are all a God Send.

    I have an old £3k debt which was never resolved, involved in a messy divorce, depression and simply ignored in 2009. I moved out in 2010 but patched up with my Ex for the kids sake in 2011. During that time I was in and out of work. Simply put there were days I just didn't not want to get up. This CC Debt relates to that period. I see my kids on days off/weekends and live in another town 20 miles away. Neither Cabot/Restons have my present address, I have filed defence under the same 2009 address where my Ex lives.

    OK here is the timeline:

    02 March 2015 Issue date
    07 March 2015 Plus five Days - Service date (12 March 2015)
    11 March 2015 Acknowledge + Defence Filed - MCOL
    12 March 2015 RESTONS CPR31 sent + cc Lowell CCA
    12 March 2015 CABOT Financial CCA sent plus £1 postal order (RM Recorded)
    12 March 2015 Citibank SAR sent plus £10 postal order (RM Recorded)
    21 March 2015 Plus 14 Days - Deadline
    24 March 2015 Restons Reply to Defence
    04 April 2015 Plus 28 Days - defence deadline
    02 April 2015 Recorded Delivery - RESTONS CPR31 sent + cc Cabot CCA
    02 April 2015 Recorded Delivery - CABOT Financial CCA sent plus £1 postal order
    10 April 2015 Restons Want My Signature to identify or will not reply
    11 April 2015 RESTONS Reply - I will not be supplying my signature and other private information to you.
    11 April 2015 RESTONS - CPR 31.14 SECOND Request Sent
    21 April 2015 40 Day Deadline for SAR - Not Received
    26 August 2015 Approx 180 days after - Restons Send Information - Reconstituted Copy (General Terms) My Name/Address No Signature "excluded" + Credit Card Statement Copies from March 2009 - October 2010 Ending Balance is £3033.18
    05 September 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted.
    06 November 2015 Restons letter asking to withdraw and complete Form 9A
    11 December 2015 Restons send copy of Application Notice + Supporting evidence (statement of truth, Claim they have my telephone details but no number provided in evidence, Same paperwork as 26th August, but exhibits are credit card statement copies, my letter send and
    18 December 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted
    16 January 2016 Receive Court General Direction Order to 1) lift the stay under CPR 23.8c 2) Strike out Defence on CPR 3.4(2) no reasonable grounds/abuse of court 3) Judgement £3,976.94.

    I NOW HAVE SEVEN DAYS to APPLY N244 - In desperate need of help ASAP please

    Q: What are the chance of this stay being lifted based on the time take and evidence Restons have?

    Q: I'm on low income and can prove it, I don't claim benefits but provide for my kids as much as I can. Even my Ex can't complain about that. If Restons get judgement, do they accept monthly payments?

    Q: Is this statute-barred


    UPDATE: Thanks Beagles. Attached is the reconstitued CA Restons sent August, with their letter, there is not signature but I am now assuming that is OK with current legislation. Any help appreciated.

    UPDATE: Added the Court - General Direction Order to Lift Stay as well. Any help appreciated.

    UPDATE: Check my Credit File - The CABOT default date is 30/10/2009 - 6+ Years, this make any difference? FOUND OUT IT DOES NOT - Claim ISSUE DATE Is Important

    UPDATE 23rd Jan - Apparently CCJ was issued without hearing?? Attached
    Attached Files
    Last edited by baufang; 23rd January 2016, 12:10:PM.
    Tags: None

  • #2
    Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

    [MENTION=1937]nemisis[/MENTION]45

    Comment


    • #3
      Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

      Hi Guys, any help please amythyst, flaming, Mike, nem??

      Comment


      • #4
        Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

        Afternoon Just having a read xxx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

          see Ame is on it for you

          Comment


          • #6
            Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

            16 January 2016 Receive Court General Direction Order to 1) lift the stay under CPR 23.8c 2) Strike out Defence on CPR 3.4(2) no reasonable grounds/abuse of court 3) Judgement £3,976.94.
            cheeky little gits, it is they who abuse the court process by bringing claims without having ever had sight of the necessary evidence.

            Q: What are the chance of this stay being lifted based on the time take and evidence Restons have?
            without you defending their application probably quite high

            Restons Send Information - Reconstituted Copy (General Terms) My Name/Address No Signature "excluded" + Credit Card Statement Copies from March 2009 - October 2010 Ending Balance is £3033.18
            Any chance you can upload a copy of the agreement pls.

            Q: Is this statute-barred
            When did you last make payment/acknowledge the debt before the court claim was initially brought? If statements are up to Oct 201 it is unlikely.

            Q: I'm on low income and can prove it, I don't claim benefits but provide for my kids as much as I can. Even my Ex can't complain about that. If Restons get judgement, do they accept monthly payments?
            Yes you can ask the court to order installment payments based on your income and expenditure.


            I NOW HAVE SEVEN DAYS to APPLY N244 - In desperate need of help ASAP please
            Have the court said to send a N244 - I think you can just send a witness statement opposing their summary judgment application.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

              [QUOTE=Amethyst;611510]cheeky little gits, it is they who abuse the court process by bringing claims without having ever had sight of the necessary evidence.


              without you defending their application probably quite high So I take it I fill an N244, I am going to call Northampton tomorrow anyway to get more info


              Any chance you can upload a copy of the agreement pls Yes, I'll do it now.. its only couple pages.. majority is just statements. No payment has ever been made.



              When did you last make payment/acknowledge the debt before the court claim was initially brought? If statements are up to Oct 201 it is unlikel Payments never made, never acknowledges until Court Claim.



              Yes you can ask the court to order installment payments based on your income and expenditure. Thanks I take it that is the attached order of earning after judgement ??




              Have the court said to send a N244 - I think you can just send a witness statement opposing their summary judgment application.[/QUOTE Ahh!! didn't know about that, I was reading through the forums
              MASSIVE THANKS

              - - - Updated - - -

              Guys, how come I cant click on Thanks for this post?

              Comment


              • #8
                Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

                Just called Northampton CCBC - turns out I need to fill N244 to ask judge to set aside for a hearing. My main concern is Restons will have my signature which they have been asking for!. So I spoke to the kind lady; been instructed to send 3 Copies (one will be unsigned) and fill out n244 q 1,2,3,10,11. Payment is £155 which I can partly claim back with my financial circumstances

                Amethyst, Nemsis45 did you get a chance to look at the CA PDF I have uploaded

                Cheers

                Comment


                • #9
                  Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

                  Originally posted by baufang View Post
                  Just called Northampton CCBC - turns out I need to fill N244 to ask judge to set aside for a hearing. My main concern is Restons will have my signature which they have been asking for!. So I spoke to the kind lady; been instructed to send 3 Copies (one will be unsigned) and fill out n244 q 1,2,3,10,11. Payment is £155 which I can partly claim back with my financial circumstances

                  Amethyst, Nemsis45 did you get a chance to look at the CA PDF I have uploaded

                  Cheers
                  Ok so the stay is lifted and the defence struck out.

                  The Restons is a template they use when supplying a reconstituted agreement, such documents
                  need careful examination before accepting them as compliant with CCA 1974 or having merit
                  in court.

                  The likely hood of Restons " lifting " a signature is remote in the extreme, this is an urban myth
                  .

                  nem

                  Comment


                  • #10
                    Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

                    CCJ was Issued on Jan 13th same time as the other order. What have I missed??
                    Can't believe there was no hearing based on half a CA and old statements?

                    Any advice on my next steps, I clearly can't afford to pay the whole amount?

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                    Announcement

                    Collapse

                    Support LegalBeagles


                    Donate with PayPal button

                    LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                    See more
                    See less

                    Court Claim ?

                    Guides and Letters
                    Loading...



                    Search and Compare fixed fee legal services and find a solicitor near you.

                    Find a Law Firm


                    Working...
                    X