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Thread: CCJ and Charging Order from Restons on behalf of Cabot

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  1. #26
    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Thanks everyone, no amounts were entered, it was simply a choice of three boxes to tick. There was no place to enter them anyway. He was unsure, we both are.
    Surely you would imagine that any defence entered by the due date would be taken in to account.

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Admission of part of a claim for a specified amount of money

    14.5
    (1) This rule applies where –
    (a) the only remedy which the claimant is seeking is the payment of a specified amount of money; and
    (b) the defendant admits part of the claim.
    (2) The defendant may admit part of the claim by filing an admission in the relevant practice form.
    (3) On receipt of the admission, the court will serve a notice on the claimant requiring the return of the notice stating that–
    (a) the claimant accepts the amount admitted in satisfaction of the claim;
    (b) the claimant does not accept the amount admitted by the defendant and wishes the proceedings to continue; or
    (c) if the defendant has requested time to pay, the claimant accepts the amount admitted in satisfaction of the claim, but not the defendant’s proposals as to payment.
    (4) The claimant must –
    (a) file the notice; and
    (b) serve a copy on the defendant,
    within 14 days after it is served.
    (5) If the claimant does not file the notice within 14 days after it is served on him, the claim is stayed(GL) until the notice is filed.
    (6) If the claimant accepts the amount admitted in satisfaction of the claim, they may obtain judgment by filing a request in the relevant practice form and, if they do so –
    (a) if the defendant has not requested time to pay, the procedure in paragraphs (7) to (9) will apply;
    (b) if the defendant has requested time to pay, the procedure in rule 14.9 will apply.
    (7) The claimant may specify in his request for judgment–
    (a) the date by which the whole of the judgment debt is to be paid; or
    (b) the time and rate at which it is to be paid by instalments.
    (8) On receipt of the request for judgment, the court will enter judgment.
    (9) Judgment will be for the amount admitted (less any payments made) and costs –
    (a) to be paid by the date or at the rate specified in the request for judgment; or
    (b) if none is specified, immediately.
    (If the claimant files notice under paragraph (3) that they wish the proceedings to continue, the procedure which then follows is set out in Part 26)
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #28
    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Is there anything we can do to change this and if not will it affect the way the court deals with it. It is very difficult for the layman to understand all of this. Surely there must be some understanding of this problem.

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    Thanks everyone, no amounts were entered, it was simply a choice of three boxes to tick. There was no place to enter them anyway. He was unsure, we both are.
    Surely you would imagine that any defence entered by the due date would be taken in to account.

    The acknowledgement is just an indication to the court of your intentions, you are free to change that up to when you enter your defence. Did you do it via MCOL or on the response pack ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    N9 from the Response Pack

    So long as you just ticked the box and didn't go on to fill in the defence or admission forms I think you're fine.

    Attached Images Attached Images
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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  6. #31
    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    My husband completed via the MCOL, he did not complete the defence or admission forms. He was simply asking for the extra time to prepare a defence.
    Kind regards
    oxfordgirl

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Should be okay then - the MCOL mirrors the form and it's just a tick box The problem would be if he'd done that when filing his defence, as then he'd have put in a specific sum he admitted to - which would guarantee a CCJ for that amount... so don't let him do that.

    Is everything else sorted - got your CCA and CPR letters off? and preparing a defence?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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  8. #33
    oxfordgirl's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Amethyst View Post
    Should be okay then - the MCOL mirrors the form and it's just a tick box The problem would be if he'd done that when filing his defence, as then he'd have put in a specific sum he admitted to - which would guarantee a CCJ for that amount... so don't let him do that.

    Is everything else sorted - got your CCA and CPR letters off? and preparing a defence?
    Letters will go off in the morning, and we are preparing our defence. No doubt we will be in contact in the coming days. Enjoy your weekend and thank you.

    Kind regards
    oxfordgirl

  9. #34
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Hi folks
    I've going through all the letters from Restons. Restons have dealt with this account since 2015. They have never issued a default notice in all this time.
    They have been happy to accept the payment offered in line with my affordability.
    In February this year, they confirmed the payment and asked for a financial statement to confirm this affordability, which we duly did.
    In March, they wrote saying they were instructed to issue legal proceedings to secure a charging order. So they didn't mention CCJ in the letter. This was not a default notice and did not include a copy of the Financial Conduct Authority’s default information sheet.
    Early April they said legal proceedings had been issued.
    Claim form issued 3 days later.
    Can we use this a part of the defence?
    Also DoA dates on Poc are wrong
    Would appreciate your view on this
    Thank you
    Last edited by oxfordgirl; 4th May 2017 at 17:09:PM.

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    Would appreciate your view on this
    My view?

    As I have previously said, you need to deal with the issue of filing an AOS where you stated that you (only) intend to defend part of the claim.

    Diana M.
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #36
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    My husband completed via the MCOL, he did not complete the defence or admission forms. He was simply asking for the extra time to prepare a defence.
    No he wasn't simply asking for the extra time to prepare a defence.

    He told the court that he intended to defend only part of the claim.

    So which part of the claim was he intending to admit (in the absence of defending it)?

    He may need to make an Application to the court to deal with this issue (permission to change his mind to defend all of the claim not part of the claim) to prevent a CCJ for the part of the claim which he is apparently not going to defend.

    If you follow me.

    Diana M.
    Last edited by Diana M; 4th May 2017 at 22:47:PM. Reason: clarification
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #37
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    I've going through all the letters from Restons.

    Restons have dealt with this account since 2015. They have never issued a default notice in all this time.
    Why would Restons issue a Default Notice?

    They are a firm of solicitors. They are not a 'credit giver' so they cannot issue DNs.

    Restons cannot issue a DN on behalf of their client Cabot either.

    Cabot cannot issue a DN since they are not a 'credit giver'.

    A DN can only be issued by the original creditor.

    Once an account has been terminated a (valid) DN cannot be issued.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #38
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    They have been happy to accept the payment offered in line with my affordability.
    In February this year, they confirmed the payment and asked for a financial statement to confirm this affordability, which we duly did.
    I know it's annoying but if a creditor (or their agent/solicitor) is willing to enter into an informal agreement for repayments of a debt that won't override their legal right to enforce the debt in court under the terms and conditions of the original contract (assuming those can be proved).

    Forbearance (by a creditor) and hardship (by a debtor) is not a legal defence.

    I wish it was but sadly it isn't in law.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #39
    Diana M's Avatar

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    In March, they wrote saying they were instructed to issue legal proceedings to secure a charging order. So they didn't mention CCJ in the letter. This was not a default notice and did not include a copy of the Financial Conduct Authority’s default information sheet.
    I think you're saying that you received a Letter before Claim/Action from Restons solicitors.

    If that was the case then there was no reason/obligation for Restons to include a FCA default information sheet (that needs to be sent with any s.87 Default Notice from the original creditor).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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    Post Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    My view?

    As I have previously said, you need to deal with the issue of filing an AOS where you stated that you (only) intend to defend part of the claim.

    Diana M.
    Thank you for your help

    My husband has been in contact with the court to inform them of his intention to defend all the claim. They said that the acknowledgement only shows intention and he is free to defend it fully. Defence needs to be in by beginning of next week.
    He has completed the defence letter, as far as possible. Is there more that can be done at the moment?

    Thank you

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Good stuff Once you have your draft of your defence together feel free to post it on here ( leave out ref numbers and personal info ) and someone can give it a check over.

    You haven't had any response from your letters to the claimants yet ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Amethyst View Post
    Good stuff Once you have your draft of your defence together feel free to post it on here ( leave out ref numbers and personal info ) and someone can give it a check over.

    You haven't had any response from your letters to the claimants yet ?
    Will do, it is the template letter from here. Just need to go over it again.

    Neither have responded yet. Both letters were signed for.

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Pretty much - this is a good starting point - Defence Example


    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  19. #44
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    My husband has been in contact with the court to inform them of his intention to defend all the claim. They said that the acknowledgement only shows intention and he is free to defend it fully.
    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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  20. #45
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Amethyst View Post
    Not sure how it works, but if you enter on the acknowledgment you intend to defend in full you are able to change and admit the full or part claim when it comes to defence, so would that work the other way Di ? I think the defend part is just a tick box ? no amounts entered ?
    Sorry, I overlooked this earlier post.

    Part Defend (no financial details given) and Part Admission (financial details given) are two different things.

    Either/both can usually be withdrawn but the court needs to be told that.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #46
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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

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    Default 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 Attached Files
    Last edited by oxfordgirl; 14th May 2017 at 14:11:PM.

  23. #48
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    Default 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 Attached Files

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    Default 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

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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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 at 14:13:PM.

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