restons solicitors

[boldknight]

hi had ccj from restons via cabot finacial for hp payments. sent back defence saying i was not aware of any claims made against me please send proof of claim,was told that debt had been assigned to cabot from hitachia nova some time between 26/01/2010 and that marlin finacial have been instructed to make collections of payments.i sent for a copy of the credit agreement to the solicitors and enclosed the one pound fee reston have sent me the letter back and the uncashed po should i have sent it to marlin instead, solicitors wrote saying in any event it may be useful to explain that there is no longer an agreement as this was terminated when you failed to comply with the terms of the default notice issued to you by the bank.we refer you to the judgement of his honour judge simon brown qc in rankin v american express what do i do now

[FlamingParrot]

Re: restons solicitors

hi had ccj from restons via cabot finacial for hp payments. sent back defence saying i was not aware of any claims made against me please send proof of claim,was told that debt had been assigned to cabot from hitachia nova some time between 26/01/2010 and that marlin finacial have been instructed to make collections of payments.i sent for a copy of the credit agreement to the solicitors and enclosed the one pound fee reston have sent me the letter back and the uncashed po should i have sent it to marlin instead, solicitors wrote saying in any event it may be useful to explain that there is no longer an agreement as this was terminated when you failed to comply with the terms of the default notice issued to you by the bank.we refer you to the judgement of his honour judge simon brown qc in rankin v american express what do i do now

Can you clarify, have they already got a CCJ against you or have they just issued a claim? Their duty to supply a copy of the agreement would have ended if there was a CCJ.

[Amethyst]

Re: restons solicitors

Quoting Rankin v Amex is scraping the barrel a bit. The claim of the debt is based on the agreement so thus they must send it to you under the CCA. ( unless there's already Judgment against you )

Would be useful to read their letter in full if you could photograph it and upload it? (blank out personal details) or maybe just type out the full paragraph refering to the Rankins case.