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

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

    Hi Guys, I'm looking for some help help on a imminent CCJ and Charging Order from Restons on behalf of Cabot
    My husband opened a Halifax credit card in xxxx. All was OK for quite a few years, but as they steadily increased the interest, from 14% to 29.99%, the repayments became unmanageable, paying £300 to pay £15 off the capital sum, reaching £xxxx.
    The account was defaulted in xxxx, and Halifax added another xxxx interest added to the account after the default date. Referred to solicitors in Scotland,who accepted £15 a month, with no additional interest. Financially things became very difficult for us and this was all we could afford.
    Debt sold to Cabot in xxxx, who also took £15 a month, which continued until xxxx, when they referred it to Restons.
    Restons have accepted £10 a month up until now and we have paid each month. Restons have now issued a claim for the county court with a threat of a charging order.
    We think Restons have left us alone until now because we lived in rented accommodation.
    Just as Restons started hassling us, my mother died at the same and left me enough money to buy a small house. Foolishly we put the house in both our names even though it was my inheritance that paid for the house. We did discuss it at the time, but went ahead anyway. By telling Restons that we moved, they must have got wind that we now own our home, although we haven't told them.
    The debt stands at xxxx, which is about 10% of the value of the house. Obviously we don't want them to put on a charging order.
    Husband also had PPI on the Halifax debt, which we intend to reclaim.
    He is intending to complete an Acknowledgement of service today, it needs to be in by tomorrow, so we have 14 days to prepare a defence.
    He plans to accept part of the debt, which is based on overcharging of interest back at the default date and outstanding PPI. He also wishes to question the need for a CCJ when Restons have happily accepted £10 a month without question for the last two years. We have also told them that we will increase payments when our business gets going which we have told them will take us another two months. Also can we ask for more time to pursue the PPI claim.
    Finally as this default is over six years old, would the CCJ show on his credit file?
    Any ideas, would be very grateful.
    Many thanks
    oxfordgirl
    Last edited by oxfordgirl; 27th April 2017, 18:29:PM. Reason: errors in formatting
    Tags: None

  • #2
    Re: CCJ and Charging Order from Restons on behalf of Cabot

    A quick question if I may.

    You said in your post that the account was referred to solicitors in Scotland at some point. Do you live in Scotland ?

    However you also say you received a county court summons not a Writ.

    Di

    Comment


    • #3
      Re: CCJ and Charging Order from Restons on behalf of Cabot

      If you read this forum link it will explain the steps you need to take > http://legalbeagles.info/forums/show...322#post418322

      You say you're going to file your Acknowledgement of Service so the next step will be to send a s. 77-79 CCA Request to Cabot with a copy of it to Restons solicitors.

      You also need to send a CPR 31.14 Request to Restons.

      The link I posted has template letters to get you started.

      Then you need to send a Subject Access Request to Halifax to get the full history of this account.

      When you get a moment post up (type out) the Particulars of Claim from the claim form to see what Cabot are claiming and why they think they have the right to claim it.

      Di

      Comment


      • #4
        Re: CCJ and Charging Order from Restons on behalf of Cabot

        Originally posted by Diana M View Post
        A quick question if I may.

        You said in your post that the account was referred to solicitors in Scotland at some point. Do you live in Scotland ?

        However you also say you received a county court summons not a Writ.

        Di
        No, I am in England, the solicitors were just based in Scotland

        Comment


        • #5
          Re: CCJ and Charging Order from Restons on behalf of Cabot

          Thanks Di,
          Will get on to it right away

          Regards

          Comment


          • #6
            Re: CCJ and Charging Order from Restons on behalf of Cabot

            What is the claim Issue Date (top right on the front page)?

            You have 19 days from that date to file the AOS and then you have 33 days from that date to file your husband's Defence.

            I note there was PPI on the account. Do you have any idea how much he would have paid in premiums over the years, and would he have been entitled to have made a claim (i.e. not self employed etc)?

            Di

            Comment


            • #7
              Re: CCJ and Charging Order from Restons on behalf of Cabot

              Originally posted by Diana M View Post
              What is the claim Issue Date (top right on the front page)?

              You have 19 days from that date to file the AOS and then you have 33 days from that date to file your husband's Defence.

              I note there was PPI on the account. Do you have any idea how much he would have paid in premiums over the years, and would he have been entitled to have made a claim (i.e. not self employed etc)?

              Di
              The claim issue date is xx April. I realise we do not have much time to prepare his defence, so any help would be really appreciated.

              He is pretty certain that he had PPI on the account, but never claimed as he was self-employed, and should never have been sold it. We tried to claim on another loan at the time, and they refused to pay out. we do not have any figures on how much he paid, but the account was active from xxxx to xxxx. Are there any other charges he can claim as well, such as late payment, extra interest, etc.

              The particulars of the claim:

              The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
              dated on or about xxxx and assigned to the Claimant on xxxx
              Particulars a/c no xxxx xxxx xxxx xxxx
              Date Item Value
              xxxx Default Balance xxxx
              xxxx Post Refrl Cr xxx
              Total xxxx

              Cabot actually took over the account on xxxx and passed it to Restons on xxxx. I don't know if this is relevant.

              Kind regards
              oxfordgirl
              Last edited by oxfordgirl; 27th April 2017, 18:34:PM.

              Comment


              • #8
                Re: CCJ and Charging Order from Restons on behalf of Cabot

                Originally posted by oxfordgirl View Post
                The particulars of the claim:

                The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
                dated on or about xxxxx2002 and assigned to the Claimant on xxxxx 2015
                Particulars a/c no xxxx xxxx xxxx xxxx
                Date Item Value
                xxxxxxx2015 Default Balance XXXXXXXXX
                xxxxxx2017 Post Refrl Cr XXXXX
                Total XXXXXX

                I think it may well be relevant

                What is the exact name of the Claimant on the claim form?

                You say Cabot took over the claim in 2012 (how do you know that?) yet the POC state that it was assigned to the Claimant in 2015.

                Have you sent a SAR to the Halifax like I suggested (at least I think I may have done)?

                Di
                Last edited by Amethyst; 13th May 2017, 12:41:PM.

                Comment


                • #9
                  Re: CCJ and Charging Order from Restons on behalf of Cabot

                  Originally posted by Diana M View Post
                  I think it may well be relevant

                  What is the exact name of the Claimant on the claim form?

                  You say Cabot took over the claim in 2012 (how do you know that?) yet the POC state that it was assigned to the Claimant in 2015.

                  Have you sent a SAR to the Halifax like I suggested (at least I think I may have done)?

                  Di
                  Hi Di,

                  The exact name on the claim form is:
                  CABOT FINANCIAL (UK) LIMITED
                  1 KINGS HILL AVENUE
                  KINGS HILL
                  WEST MALLING
                  ME19 4AU

                  We have a letter from Halifax dated xxxx which states
                  ' We are writing to notify you that Halifax has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Cabot Financial (UK) Limited effective xxxx.' and includes the balance it was sold for.
                  We also have a letter from Cabot also dated xxxx which states they have bought the debt.
                  May I ask what POC stands for?
                  I have been working on the letters for Restons and Cabot this morning and would like to ask if the particulars of the claim is the same as a formal demand and should he ask for that. He also has a default notice dated xxxx, stating an outstanding balance of xxxx, which includes interest of xxxx. Presumably we don't need another one.
                  I about to start the SAR to Halifax, do you have a suitable link that I could use.
                  Many thanks for your help so far.

                  Regards
                  oxfordgirl
                  Last edited by oxfordgirl; 27th April 2017, 18:26:PM.

                  Comment


                  • #10
                    Re: CCJ and Charging Order from Restons on behalf of Cabot

                    How odd.

                    I saw your last post earlier but then it vanished (it showed as "deleted post") but now it's back. Did you edit it or something?

                    Anyway if that happens again and you need to contact me please feel free to send me an email - it's in my signature below. I don't use the PM facility.

                    I would advise you to edit the actual dates and amounts to show as XXX XXX XXX since some debt purchasers and their solicitors do prowl internet forums so you don't want to be identified. That's what I was going to suggest before it disappeared.

                    You have 33 days from the claim Issue Date to file the Defence, so you have time to set this up properly. The deadline will be 4 pm on Monday 15th May since Day 33 lands on a weekend.

                    Since this is a £14k claim it will be allocated to the Fast Track where the proceedings last for 30 weeks from allocation to Trial (or longer if there are any legal interruptions). This means you're unlikely to get to the end before next Christmas.

                    Here is an idea of what lies ahead for you/your partner > https://www.justice.gov.uk/courts/pr...rt28/pd_part28

                    Di
                    Last edited by Diana M; 27th April 2017, 18:22:PM.

                    Comment


                    • #11
                      Re: CCJ and Charging Order from Restons on behalf of Cabot

                      Originally posted by oxfordgirl View Post
                      Hi Di,

                      I have been working on the letters for Restons and Cabot this morning and would like to ask if the particulars of the claim is the same as a formal demand and should he ask for that. He also has a default notice dated xxxx , stating an outstanding balance of £XXXXXXXXXX, which includes interest of £XXXXX. Presumably we don't need another one.
                      The Particulars of Claim basically state what the Claimant is claiming and why they think they have the right to claim it.

                      The general purpose of a Defence is to 'react' to that and ask them to prove it.

                      In order to do that (react) you'll need to know what they are on about. It's the Claimant's job to prove their case so don't do their job for them.

                      For example if you have a Default Notice in your possession that doesn't stop you asking them to produce one of their own. They may not have it. They may reconstitute one with wonky information on it which you can tear to shreds.

                      I'll answer your other questions tomorrow. Try not to fret so much

                      Di
                      Last edited by Amethyst; 13th May 2017, 12:07:PM.

                      Comment


                      • #12
                        Re: CCJ and Charging Order from Restons on behalf of Cabot

                        Thank you Di for all your help today. I'll look forward to hearing from you tomorrow, meantime I'll digest all the info from today.
                        My thread got deleted by accident today along with my account. All has been corrected now.
                        Caused a few hours of panic.

                        Regards
                        oxfordgirl

                        Comment


                        • #13
                          Re: CCJ and Charging Order from Restons on behalf of Cabot

                          Originally posted by Diana M View Post
                          How odd.

                          I saw your last post earlier but then it vanished (it showed as "deleted post") but now it's back. Did you edit it or something?
                          Originally posted by oxfordgirl View Post
                          My thread got deleted by accident today along with my account. All has been corrected now.
                          Caused a few hours of panic.
                          my fault (sorry) ... I was getting rid of multiple spam posts and clicked this thread too 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


                          • #14
                            Re: CCJ and Charging Order from Restons on behalf of Cabot

                            Thanks for getting it sorted so quickly

                            Comment


                            • #15
                              Re: CCJ and Charging Order from Restons on behalf of Cabot

                              Morning
                              I need to clarify which documents I can ask for on the CPR 31.14, based on the Particulars of the Claim:

                              The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax
                              dated on or about xxxx and assigned to the Claimant on xxxx
                              Particulars a/c no xxxx xxxx xxxx xxxx
                              Date Item Value
                              xxxx Default Balance xxxx
                              xxxx Post Refrl Cr xxx
                              Total xxxx

                              I'm not sure, but I think it should be:

                              1. Contract
                              2. Default Notice
                              3.Assignment
                              4. Formal Demand
                              5. Post Refrl Cr

                              Can you advise please
                              Kind regards
                              oxfordgirl

                              Comment

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