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

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  1. #51
    warwick65's Avatar

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    Default 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.

  2. #52
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    Default 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 at 08:06:AM.

  3. #53
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    Default 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.

  4. #54
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    Default 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?)
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  5. #55
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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 QualitySolicitors Howlett Clarke in the Consumer Credit Department. 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.

    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.


  6. #56
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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 )
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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  7. #57
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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.
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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

  8. #58
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    Default 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,
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum 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

  9. #59
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote 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 >

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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

  10. #60
    Diana M'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
    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
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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. #61
    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
    Husband also had PPI on the Halifax debt, which we intend to reclaim.

    . . .
    He plans to accept part of the debt, which is based on overcharging of interest back at the default date and outstanding PPI.

    . . . . Also can we ask for more time to pursue the PPI claim.
    Why does your husband believe he may have a viable PPI reclaim for misselling?

    Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

    You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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. #62
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    Why does your husband believe he may have a viable PPI reclaim for misselling?

    Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

    You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

    Di
    Good morning, Di

    In real life (that is, life outside the courtroom ), from the little I've read on the subject, a PPI claim is directed to the original creditor (or possibly insurer/underwriter?), not the assignee.
    So on what basis would you introduce the PPI part into a bog-standard Debt Purchaser/Alleged Debtor claim?
    Is it just on the fact that the amount claimed is wrong?
    Or do you actually Part 20 counterclaim?
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  13. #63
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

    I thank you for all your help.
    Regards
    oxfordgirl

  14. #64
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    @Kati

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

    Quote Originally Posted by oxfordgirl View Post
    Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

    I thank you for all your help.
    Regards
    oxfordgirl
    Quote Originally Posted by MIKE770 View Post
    I think I got the post you were talking about @oxfordgirl ... if not give me a shout and tell me the post numbers 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...

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

    Quote Originally Posted by Kati View Post
    I think I got the post you were talking about @oxfordgirl ... if not give me a shout and tell me the post numbers xx
    Good afternoon Kati.

    Post #8?
    CAVEAT LECTOR

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  17. #67
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by charitynjw View Post
    Good afternoon Kati.

    Post #8?
    thanks Charity I missed that one 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

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  18. #68
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

    I thank you for all your help.
    Regards
    oxfordgirl
    Hello Oxfordgirl

    I tried but was unable to edit my own post.

    I think this forum may have a time limit restriction on when you can go back and edit your own posts for some reason

    I can't edit any of my posts made before 4th May.

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    we don't understand how to make a counterclaim when we have no figures. Can you advise on this please.
    The reason I raised the PPI issue is because if the amount you intend to reclaim is in excess of £4k then you may be able argue that the claim should be allocated to the Small Claims track (the claim is £14k) so as to avoid the risk of paying the other side's legal costs if you lose in the Fast Track.

    The claim has not yet been allocated to any track - that comes later.

    Obviously without seeing the papers it's not possible to advise you in any detail.

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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. #70
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by charitynjw View Post
    Good morning, Di

    In real life (that is, life outside the courtroom ), from the little I've read on the subject, a PPI claim is directed to the original creditor (or possibly insurer/underwriter?), not the assignee.
    So on what basis would you introduce the PPI part into a bog-standard Debt Purchaser/Alleged Debtor claim?
    Is it just on the fact that the amount claimed is wrong?
    Or do you actually Part 20 counterclaim?
    The decision of Jones v Link Financial suggests this is correct, the assignee becomes the creditor for the purpose of statutory duties only.

    However, if the challenge was framed under an application per s140A you could challenge the PPI and the Court could conceivably order the assignee to refund the monies.

    This approach has worked on bank charges refunded by the assignee
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. 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.

    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.


  21. #71
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    Why does your husband believe he may have a viable PPI reclaim for misselling?

    Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

    You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

    Di
    He didn't ask for PPI as he was self-employed. He did claim on another policy, which was rejected, but never tried on this one. Sadly, I do not have this Ts & Cs on this account. Hopefully the SAR will tell us more, but we are still waiting.

    oxfordgirl

  22. #72
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by oxfordgirl View Post
    He didn't ask for PPI as he was self-employed. He did claim on another policy, which was rejected, but never tried on this one. Sadly, I do not have this Ts & Cs on this account. Hopefully the SAR will tell us more, but we are still waiting.
    If you decide to raise the PPI issue in your Defence that may leave the door open for you to tackle it in more depth later on in the proceedings (without the need to make an application to the court for permission to file an Amended Defence on that specific legal argument).

    The Claimant will have to produce the Ts & Cs if appropriate.

    I'm not in a position to help with writing Defences on an internet forum (I have to respect my firm's insurance) but I've been doing my best to drop hints and point you in the right direction so you can make an informed decision on what you might want to do next

    This claim will be allocated to the Fast Track where the winner should get their legal costs paid by the loser. You need to set up your Defence properly (i.e. comprehensively) so that you win.

    Has your husband been receiving Annual Statements of Sums in Arrears (s.86) ?

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. 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

  23. #73
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Quote Originally Posted by Diana M View Post
    Has your husband been receiving Annual Statements of Sums in Arrears (s.86) ?

    Di
    I have checked the paperwork. he had a couple of statements from Cabot, which then stopped. They are only described as Statement of Account and
    says he needs to make payments to avoid the account going in to arrears. So it seems at that point, they did not consider him to be in arrears.

    He has never had any statements from Restons, only regular letters to confirm the agreed payment.

    He has not been receiving Annual Statements of Sums in Arrears (s.86)

    Regards
    oxfordgirl

  24. #74
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    I would to thank everyone for their help over the last few weeks. Defence submitted yesterday. I know there's a long way to go, but fingers crossed. Couldn't have got this far without you.
    Thanks again
    oxfordgirl

  25. #75
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    Default Re: CCJ and Charging Order from Restons on behalf of Cabot

    Well done. A long way to go but it really depends what comes back from Restons/Cabot now. Be nice if it were nothing but we can never rely on that. Just keep updating the thread with anything you hear from the court or from the claimant/restons and people can help guide you through if you need to intensify your arguments
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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  1. Restons solicitors on behalf of cabot financial ltd
    By adjoke16 in forum Welcome Forum
    Replies: 0
    : 15th September 2016, 19:54:PM
  2. Court Action from Restons on Behalf of Cabot Financial UK Ltd
    By means in forum Received a Court Claim?
    Replies: 24
    : 31st August 2016, 17:42:PM
  3. CCJ from restons solicitors on behalf of Cabot financial
    By Vishakha82 in forum Money & Debt
    Replies: 1
    : 17th May 2016, 20:52:PM
  4. Replies: 0
    : 1st March 2016, 06:48:AM
  5. CCJ from Restons Solicitors on behalf of Cabot Financial
    By worried1980 in forum Received a Court Claim?
    Replies: 50
    : 1st March 2015, 23:30:PM

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