• 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.

**DISCONTINUED** CCJ and Charging Order from Restons on behalf of Cabot

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

  • #46
    Re: CCJ and Charging Order from Restons on behalf of Cabot

    Originally posted by Diana M View Post
    The court staff aren't legally trained.

    However if you are happy to accept what they've told you then that's your choice.

    As far as I'm aware the issue of 'part defend' will need to be addressed.

    Did you also ask the court staff for advice on whether you should counterclaim for the PPI? I raised that potential issue earlier in your thread.

    Di
    He called the court again and was told that he is free to defend all the claim, so they are aware and that is what he intends to do.

    We have requested the SAR from Halifax, but they obviously they have up to 40 days to respond, so we don't understand how to make a counterclaim when we have no figures. Can you advise on this please.

    Many thanks for all your help.
    oxfordgirl

    Comment


    • #47
      Re: CCJ and Charging Order from Restons on behalf of Cabot

      I have attached a draft copy of my husbands defence, all personal details removed.

      We would very much appreciate any opinions and help, as we want to get it off tomorrow.

      The Particulars of Claim fail to state what the agreement was for, it doesn't mention credit card or loan. The Date of Assignment is incorrect.
      Neither Restons or Cabot have responded to his letters.

      Checked with the court today about using the PPI as a counterclaim.
      He would need to know how much he is claiming, as the costs of a counterclaim depend on this. With no response from the Halifax as yet on the SAR, he cannot proceed down this route.
      If he changes the claim later down the line, there are extra costs involved anyway, which we cannot afford at this point.
      So he intends to defend the claim as it is and pursue the PPI with Halifax separately later.
      Many thanks.
      Attached Files
      Last edited by oxfordgirl; 14th May 2017, 14:11:PM.

      Comment


      • #48
        Re: CCJ and Charging Order from Restons on behalf of Cabot

        Have just received from Restons the attached letter in response to my husband's 31.14 request.

        Can anybody please help how to proceed?

        regards

        oxfordgirl
        Attached Files

        Comment


        • #49
          Re: CCJ and Charging Order from Restons on behalf of Cabot

          Hi Oxfordgirl

          What exactly did you ask for in your CPR 31.14

          From what i can see , in reality the only thing you could ask for was the contract

          Restons seem hell bent on being bloody minded these days

          If you want other documents they would be sorted with a part 18 request but if I'm honest I would not be touching this with a barge pole, Restons are not nice and this is above £10K so you will (if you lose) end up paying their costs. If you win, they would have to pay your costs.

          I don't want to scare you but these costs could be considerable and several thousand, I'm not sure what barristers charge but it can be £1000 per day!

          By the way, for your defence , it is S78 for a credit card and S77 for a loan

          Comment


          • #50
            Re: CCJ and Charging Order from Restons on behalf of Cabot

            Originally posted by warwick65 View Post
            Hi Oxfordgirl

            What exactly did you ask for in your CPR 31.14

            From what i can see , in reality the only thing you could ask for was the contract

            Restons seem hell bent on being bloody minded these days

            If you want other documents they would be sorted with a part 18 request but if I'm honest I would not be touching this with a barge pole, Restons are not nice and this is above £10K so you will (if you lose) end up paying their costs. If you win, they would have to pay your costs.

            I don't want to scare you but these costs could be considerable and several thousand, I'm not sure what barristers charge but it can be £1000 per day!

            By the way, for your defence , it is S78 for a credit card and S77 for a loan
            We asked for the Contract, Assignment, Default Notice and Formal Demand as advised.

            The Particulars of Claim do not specify the nature of the contract, ie it does not state if it is a loan or credit card, only a contract between defendant and Halifax.
            Details of the assignment is incorrect.

            Advise please

            Thank you
            Last edited by oxfordgirl; 14th May 2017, 14:13:PM.

            Comment


            • #51
              Re: CCJ and Charging Order from Restons on behalf of Cabot

              From what is available on the thread it appears you were told to send a CPR31.14 request and a link provided to the template. Unfortunately that is just what it is- a template to be amended. A CPR 31.14 request can only be used for documents mentioned in the particulars of claim.

              You said that the date of assignment is completely wrong- just how wrong? days, weeks, months , years? The paperwork you have, was it for an absolute assignment between HBOS and Cabot?

              I think , but that is it, just think - you must address the defend part of the claim in your defence even if it is a line that states during your acknowledgment you ticked defend part in error when it should have been defend all

              I take it you have had the SAR back from HBOS which shows the actual assignment date or is this just a notice of assignment ?

              I really can not offer any more opinions other than what I have already said - legal representation.

              Comment


              • #52
                Re: CCJ and Charging Order from Restons on behalf of Cabot

                The template was amended to our personal circumstances.

                The discrepancy is over 2yrs. In that time we paid an agreed nominal amount.

                My husband is intending to defend all the claim.
                Last edited by oxfordgirl; 15th May 2017, 08:06:AM.

                Comment


                • #53
                  Re: CCJ and Charging Order from Restons on behalf of Cabot

                  You seem to have it all under control. If however you did ask for items not in the poc with your Cpr request there seems to have been miscommunication.

                  Remember most of us on here,like staff at the courts are not legally qualified although some of us know certainly aspects. If you are up for fighting in court you have my admiration.

                  Comment


                  • #54
                    Re: CCJ and Charging Order from Restons on behalf of Cabot

                    Could you recheck the dates on the PoC?
                    Are the dates you posted earlier exactly per the PoC? (That is, do they exactly match the dates on the court claim PoC?)
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #55
                      Re: CCJ and Charging Order from Restons on behalf of Cabot

                      Originally posted by Diana M View Post
                      Another interpretation of the scant POC is the Claimant might not know the history of what went on and when so couldn't plead it.

                      This claim will be allocated to the Fast Track where disclosure can be forced. In effect it's mandatory not discretionary (unlike Small Claims).

                      They've referred to the assignment so I would ask for the Deed of Assignment and the Notice of Assignment although they have not mentioned the Notice of Assignment so they may refuse.

                      They've mentioned a Default balance (the amount outstanding after the account was defaulted) but not actually mentioned the Default Notice so in theory you can't ask for the DN under CPR 31.14.

                      In fact I would be using Part 18 at this stage.

                      Di
                      They havent even mentioned a deed, they have merely pleaded "assigned" so they could argue they dont need to disclose that either.
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #56
                        Re: CCJ and Charging Order from Restons on behalf of Cabot

                        Originally posted by oxfordgirl View Post
                        Have just received from Restons the attached letter in response to my husband's 31.14 request.

                        Can anybody please help how to proceed?

                        regards

                        oxfordgirl
                        This is a pretty standard response from Restons so I wouldn't be worrying about it Your defence is pretty standard non provision of documents despite requests and shoddy particulars and looks absolutely fine. Only thing is did you amend the bits in square brackets [ s 77 / s 78 ] as you have said the claimant hasn't pleaded the type of contract then you can leave both in without any issue but be better without the [ ] bits.

                        Restons will be fully aware they need to provide the Agreement. If they do that you can look again at your options in dealing with the case but for now it's a case of wait and see if they inform the court they wish to proceed.

                        I agree with you on the PPI issue for the moment, should all the documents appear and all be correct and valid then it might be worth counterclaiming / defending on the missold PPI point to assist with defence or negotiation of settlement, otherwise if this gets discontinued or stayed you could look at reclaiming through the Financial Ombudsman ( but it may only result in that portion of the debt being paid off so if the PPI would be less than the claim is for there isn't a great deal of point IF Cabot ditch the claim )
                        #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


                        • #57
                          Re: CCJ and Charging Order from Restons on behalf of Cabot

                          Originally posted by pt2537 View Post
                          They havent even mentioned a deed, they have merely pleaded "assigned" so they could argue they dont need to disclose that either.
                          Depends how you deal with it. Using CPR 31.14 in a Restons template claim is unlikely to be successful as they specialise in having particulars of claim which do not "mention" any documents. Other ways of dealing with them though.

                          I usually get an order for the Deeds of Assignment to be disclosed at this stage - Restons in particular always require an on notice application.

                          In these debt purchaser claims the Deeds of Assignment should be the number one priority as they are relevant for both regulated and unregulated claims.

                          Comment


                          • #58
                            Re: CCJ and Charging Order from Restons on behalf of Cabot

                            Restons, Howard Cohen, Mortimer Clarke et al usually issue claims without any documentation.

                            The longer you let them have to obtain or "reconstitute" documentation the weaker your defence becomes. The quicker you force them into a position where they have to disclose the documentation the easier it is to force them to discontinue or make a mistake. Restons, Howard Cohen, Mortimer Clarke etc will happily stay cases for months because it is giving their client the time to provide the evidence they should have had before they issued the claim in the first place,

                            Comment


                            • #59
                              Re: CCJ and Charging Order from Restons on behalf of Cabot

                              Originally posted by pt2537 View Post
                              They havent even mentioned a deed, they have merely pleaded "assigned" so they could argue they dont need to disclose that either.
                              Which is why I suggested Part 18 questions would assist earlier on in this thread in post # 17 on 28th April >

                              Originally posted by Diana M View Post
                              Another interpretation of the scant POC is the Claimant might not know the history of what went on and when so couldn't plead it.

                              . . . . In fact I would be using Part 18 at this stage.

                              Di
                              Di

                              Comment


                              • #60
                                Re: CCJ and Charging Order from Restons on behalf of Cabot

                                Originally posted by Amethyst View Post
                                I agree with you on the PPI issue for the moment, should all the documents appear and all be correct and valid then it might be worth counterclaiming / defending on the missold PPI point to assist with defence or negotiation of settlement, otherwise if this gets discontinued or stayed you could look at reclaiming through the Financial Ombudsman ( but it may only result in that portion of the debt being paid off so if the PPI would be less than the claim is for there isn't a great deal of point IF Cabot ditch the claim )
                                The only downside to that is if any PPI reclaim has the potential to be successful and possibly exceed the disputed amount claimed in these proceedings (or make a serious dent in the amount claimed) but disclosure of the evidence is not sought/pleaded/counterclaimed at an early stage (after actively seeking disclosure of the Ts & Ts of any PPI) then a latter-day claim via the FOS against the original creditor who's not party to these proceedings may not prevent a CCJ or a subsequent Charging Order or an Attachment of Earnings (if appropriate) or any other enforcement option in the meantime (by the Claimant who is not the original creditor) unless the CCJ is paid in full within a month of the judgement.

                                I mention "at an early stage" because this claim will be allocated to the Fast Track where (trust me) lawyers argue over costs when new legal arguments are introduced late in the day.

                                I'm in favour of being proactive not reactive.

                                Di

                                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