Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

[Amethyst]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Bugger, the December 2008 payment takes it out of statute barring anyway then. Well done for digging that out.

Good job we got the CCA request in xxx

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Its a pity - lets hope they cant find it

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Got the letter from Cabot this morning to acknowledge receipt of the CCA request :tinysmile_twink_t2:

http://imgur.com/QykL5lh

[nemesis45]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Got the letter from Cabot this morning to acknowledge receipt of the CCA request :tinysmile_twink_t2:

http://imgur.com/QykL5lh

Report that "40 days " nonsense to the FCA CCA request 12 + 2 Working Days to comply however if it takes 40 days and no claim is issued then SB clicks in 1/12/14 it seems!

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Good news - see copy of letter below from Cabot this morning - looks like they can't comply with the CCA request!

http://imgur.com/uG4Kro4

[FlamingParrot]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Good news - see copy of letter below from Cabot this morning - looks like they can't comply with the CCA request!

http://imgur.com/uG4Kro4

WOW, they themselves are admitting it's unenforceable and cannot obtain judgment against you! :whoo: :whoo:

Posts above refer to you submitting a defence, was it just a SBd defence or did you also mention non compliance with the CCA request?

Can you kindly remind us what the status of this claim is?

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

I submitted the defence that was prepared for me by Amethyst (copy is quoted earlier in this thread) and was waiting for further information requested. I have not received any further court documents since submitting my defence. Not completely sure what you mean by SBd defence?

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Thought this matter was resolved, but received the following letter from Restons just over a week ago. They have provided the original contract and a statement but not the other documents that were requested. Further I have a problem in that I am in Cape Town till the end of the month and will find it difficult to get a letter to them by the end of their 14 days! Any advice appreciated.

http://i.imgur.com/yFRCvYS.png?1

[nemesis45]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Thought this matter was resolved, but received the following letter from Restons just over a week ago. They have provided the original contract and a statement but not the other documents that were requested. Further I have a problem in that I am in Cape Town till the end of the month and will find it difficult to get a letter to them by the end of their 14 days! Any advice appreciated.

http://i.imgur.com/yFRCvYS.png?1

There is a Fax Number and Telex info you could try using those for contact.

What other documents were requested?

It's beginning to be a common occurrence Cabot cannot find/retrieve agreement and state the debt is unenforceable, what seems to go unnoticed is the simple fact that a claim is not withdrawn/discontinued and unwarranted " celebration" ensues only to be washed away a few weeks later as has happened here!

I would suggest that those LB members who receive Cabot " unenforceable" letter continue to formulate their defence as one would if such a letter had not been received.

nem

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

There is a Fax Number and Telex info you could try using those for contact.

What other documents were requested?

It's beginning to be a common occurrence Cabot cannot find/retrieve agreement and state the debt is unenforceable, what seems to go unnoticed is the simple fact that a claim is not withdrawn/discontinued and unwarranted " celebration" ensues only to be washed away a few weeks later as has happened here!

I would suggest that those LB members who receive Cabot " unenforceable" letter continue to formulate their defence as one would if such a letter had not been received.

nem

This is the original letter - I used the template

CPR Letter Page 1
http://imgur.com/CHudnvH

CPR Letter Page 2
http://imgur.com/KhN3LE4

[mandav]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

There is a Fax Number and Telex info you could try using those for contact.

What other documents were requested?

It's beginning to be a common occurrence Cabot cannot find/retrieve agreement and state the debt is unenforceable, what seems to go unnoticed is the simple fact that a claim is not withdrawn/discontinued and unwarranted " celebration" ensues only to be washed away a few weeks later as has happened here!

I would suggest that those LB members who receive Cabot " unenforceable" letter continue to formulate their defence as one would if such a letter had not been received.

nem

Surely they need to provide the default notice as requested?

[nemesis45]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Surely they need to provide the default notice as requested?

Was this requested via CPR 31.14? DN's do not have to be stored/archived as hard copy normally a note is
made on the debtors file that a DN was sent on specific date. Generally considered " generic " in nature.

nem

[FlamingParrot]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

It's beginning to be a common occurrence Cabot cannot find/retrieve agreement and state the debt is unenforceable, what seems to go unnoticed is the simple fact that a claim is not withdrawn/discontinued and unwarranted " celebration" ensues only to be washed away a few weeks later as has happened here!

It doesn't go unnoticed. I have suggested to other posters to write back to the solicitors dealing with the claim, asking them to discontinue in view of the fact their own clients admit in BW that the debt is unenforceable and they cannot obtain judgment. This was before Xmas last year and the claim has been stayed all this time instead.

If I issued a claim, I would hardly be sending out a letter to the defendant saying the account is unenforceable! :scared:

I would suggest that those LB members who receive Cabot " unenforceable" letter continue to formulate their defence as one would if such a letter had not been received.

So would I, there has never been any question about not submitting a defence after receiving one such letter, they are, after all, standard templates they use to reply to each and every CCA request regardless of whether they are subject to court proceedings or not and their solicitors could still request default judgment. In this case a defence was submitted:

I submitted the defence that was prepared for me by Amethyst (copy is quoted earlier in this thread) and was waiting for further information requested. I have not received any further court documents since submitting my defence. Not completely sure what you mean by SBd defence?

[FlamingParrot]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

Thought this matter was resolved, but received the following letter from Restons just over a week ago.

If the claim was just stayed because they didn't reply to your defence within 28 days, it wasn't resolved as such. Stayed claims are just dormant and can be awakened at any time with an application to lift the stay, which is why an application to strike out should be considered after a claim has been stayed for a while.

They have provided the original contract and a statement but not the other documents that were requested. Further I have a problem in that I am in Cape Town till the end of the month and will find it difficult to get a letter to them by the end of their 14 days! Any advice appreciated.

http://i.imgur.com/yFRCvYS.png?1

Would be useful if we could see those documents, the only one I can see is a letter from them. I'd say the statement would be the most interesting one because you said the debt was SBd and they are arguing you made a payment in February 2009. Was this a regular payment or just a one off?

Surely they need to provide the default notice as requested?

Default notices are not retained by the original creditors because they are just mail-merged documents which do not get saved as individual files. Defective DNs can make it difficult to enforce a debt but for that purpose you'd really need to have your own copy. In the vast majority of cases creditors do issue them so it would be very hard to argue you never received one back in 2008/09.

[nemesis45]

Re: Restons Solicitors Limited for Cabot Financial (UK) Limited for Hitachi Nova

The " Cabot Library" of peculiar letters needs to be closely watched, to many people can be lulled in to
a false sense of security when a claim is discontinued although now the latest Cabot letter from wonderland
" explains" that the claim has not gone away (struck out or withdrawn) but remains in place so it can be " continued "
at later date.

nem