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Need help with claim form from restons/cabot

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  • Need help with claim form from restons/cabot

    Received a claim? Yes
    Issue Date: 5-2-2016
    Amount approx: 350.09
    Claimant: Cabot Financial UK Limited
    Solicitor: Restons Solicitors Limited
    Original Credit: Capital One

    Particulars of Claim:
    The Claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Capital One dated on or about Nov 23 2009 and assigned to the Claimant on Sep 28 2015

    PARTICULARS a/c xxxxxxxxxxxxx
    DATE ITEM VALUE
    15/01/2106 Default Balance 275.09
    Post Rfrl Cr Nil

    TOTAL 275.09

    Stat Barred? No

    Have sent: nothing, feel a little lost with what I should do.
    From reading around the forum I should acknowledge the service and send a cca to Cabot, anything else?

    Thanks to anyone who can help me with this.
    Tags: None

  • #2
    Re: Need help with claim form from restons/cabot

    Can anyone give me a little insight here? When is my defense due by?
    A claim was issued against you on 05/02/2016


    Your acknowledgment of service was submitted on 16/02/2016


    Your acknowledgment of service was received on 16/02/2016

    I have sent off a cpr to reston solicitors and I have sent off a CCA request to Cabot.

    What next? Am I missing anything?
    The original amount owing was 275.09 and with extra costs of £25 for issuing the claim and £50 for solicitor fees? Am I right in thinking this claim will end up in the small claims court? If so are they allowed to claim solicitor fees?

    Thanks for reading.

    Comment


    • #3
      Re: Need help with claim form from restons/cabot

      Hi,

      I phoned the court and gave case number they were extremely helpful in giving exact dates for submission, don't be scared they won't bite.

      Regards,

      Sandyhaven

      Comment


      • #4
        Re: Need help with claim form from restons/cabot

        Originally posted by Sandyhaven View Post
        Hi,

        I phoned the court and gave case number they were extremely helpful in giving exact dates for submission, don't be scared they won't bite.

        Regards,

        Sandyhaven
        Thank you, I called them today and I have to file my defence by the 9th of march.

        Comment


        • #5
          Re: Need help with claim form from restons/cabot

          I got a letter from Restons today in reply to my CPR 31.14
          I sent a CCA request to cabot on the 16th and was signed for by them on the 17th.
          I believe the 14 working dates ends on the 9th which is when I'm meant to file my defence.

          I have attached the Restons letter and also the court claim which I hope will be helpful for anyone who can help.
          Attached Files

          Comment


          • #6
            Re: Need help with claim form from restons/cabot

            Bump [MENTION=55034]nemesis45[/MENTION]

            Comment


            • #7
              Re: Need help with claim form from restons/cabot

              Originally posted by Villarkita View Post
              I got a letter from Restons today in reply to my CPR 31.14
              I sent a CCA request to cabot on the 16th and was signed for by them on the 17th.
              I believe the 14 working dates ends on the 9th which is when I'm meant to file my defence.

              I have attached the Restons letter and also the court claim which I hope will be helpful for anyone who can help.
              Good morning Sandy,

              The statement of claim mentions only the agreement contract and the assignment so is that all you requested?

              Restons as usual glossing over their " responsibilities" !


              Send the a "polite" reminder along the lines of

              FAO Nigel Petrie Coe
              Principal Restons solicitors.


              Ref CC Claim No,...................

              Your client: Cabot Financial (UK) Ltd.


              Sir,

              I refer to your verbose letter dated.............................. in reply to my request for inspection of documents made under the provisions of CPR 31 .14,

              As I am sure you are aware what documents if any I may or may not have received from any party in the past is not relevant to my request for inspection
              of the documents mentioned in the statement of claim and on which your client intends to rely in court.

              Therefore I expect to receive the following by return of post.

              1. A copy of the contract relevant to the alleged debt.

              2. The Notice of assignment of the debt from Capital One to Cabot Financial (UK) Ltd.

              The conduct of Restons and its client in this matter will be brought to the attention of the court.

              yours etc.

              Use signed for post and check delivery date and signature, Cabot et al are making a habit of deny receipt of docs so keep the post office receipts etc.

              nem

              Comment


              • #8
                Re: Need help with claim form from restons/cabot

                You should also make a start on your defence (Example Here) ... post up a draft on here for the other Baegles to look at xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

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

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Need help with claim form from restons/cabot

                  Hi [MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=81192]Villarkita[/MENTION],

                  Thanks for response - Villarkita was asking for advice not myself and I couldn't help hopefully Villa will log on soon.

                  Thanks,

                  Sandyhaven

                  Comment


                  • #10
                    Re: Need help with claim form from restons/cabot

                    Originally posted by Sandyhaven View Post
                    Bump @nemesis45
                    Thank you.

                    Originally posted by nemesis45 View Post
                    Good morning Sandy,

                    The statement of claim mentions only the agreement contract and the assignment so is that all you requested?

                    Restons as usual glossing over their " responsibilities" !


                    Send the a "polite" reminder along the lines of

                    FAO Nigel Petrie Coe
                    Principal Restons solicitors.


                    Ref CC Claim No,...................

                    Your client: Cabot Financial (UK) Ltd.


                    Sir,

                    I refer to your verbose letter dated.............................. in reply to my request for inspection of documents made under the provisions of CPR 31 .14,

                    As I am sure you are aware what documents if any I may or may not have received from any party in the past is not relevant to my request for inspection
                    of the documents mentioned in the statement of claim and on which your client intends to rely in court.

                    Therefore I expect to receive the following by return of post.

                    1. A copy of the contract relevant to the alleged debt.

                    2. The Notice of assignment of the debt from Capital One to Cabot Financial (UK) Ltd.

                    The conduct of Restons and its client in this matter will be brought to the attention of the court.

                    yours etc.

                    Use signed for post and check delivery date and signature, Cabot et al are making a habit of deny receipt of docs so keep the post office receipts etc.

                    nem
                    I sent a letter very similar to this one that I found that you posted on another thread, I sent it off to Restons last week and I'm still awaiting a reply! I have still heard nothing regarding my CCA request, I am due to send off my defence on the 9th of this month and that is also the day the CCA request should have been complied with.
                    I'm a bit lost on the defense bit but I'll try and get round to that tonight.
                    Originally posted by Kati View Post
                    You should also make a start on your defence (Example Here) ... post up a draft on here for the other Baegles to look at xx
                    Thank you Kati, I will give that a read tonight and hopefully be able to get on with my defense tonight.

                    Comment


                    • #11
                      Re: Need help with claim form from restons/cabot

                      Good afternoon,
                      Restons will have to refer back to their " client" before responding, Cabot will also take its time.

                      nem

                      Comment


                      • #12
                        Re: Need help with claim form from restons/cabot

                        Originally posted by nemesis45 View Post
                        Good afternoon,
                        Restons will have to refer back to their " client" before responding, Cabot will also take its time.

                        nem
                        Thanks for posting.
                        I will still work on my defense tonight and hopefully get a copy up on here for everyone to have a look at.

                        Comment


                        • #13
                          Re: Need help with claim form from restons/cabot

                          Is this okay as the template for my defence?

                          I had some spare time so I got that ready and will fill in the details tonight from the thread posted.

                          All a bit overwhelming really but slowly getting there
                          Attached Files

                          Comment


                          • #14
                            Re: Need help with claim form from restons/cabot

                            Originally posted by Villarkita View Post
                            Is this okay as the template for my defence?

                            I had some spare time so I got that ready and will fill in the details tonight from the thread posted.

                            All a bit overwhelming really but slowly getting there
                            Yep that the one. Double space between each paragraph, no high lighted or bold text.

                            nem

                            Comment


                            • #15
                              Re: Need help with claim form from restons/cabot

                              nemesis45
                              I think I may actually be finished.

                              If you get a moment could you take a quick look over it? I'm not sure if it's formatted correctly and if I added the right options.
                              Attached Files
                              Last edited by Villarkita; 7th March 2016, 16:01:PM.

                              Comment

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