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restons solicitors

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  • 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
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  • #2
    Re: restons solicitors

    Originally posted by boldknight View Post
    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.

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    • #3
      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.
      #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

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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