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

[judgemental24]

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

My own opinion is that a thread is needed to combat the likes of Cabot and other DCA. That is resurrecting a claim that has only been stayed.

But they would still need the permission of the court under CPR 38.7

When a claim is stayed i would reccomend after after a three month period an applcation is is submitted to the court to strike out the claim. It is simply unacceptable the likes of Cabot issue claims without the correct documentation, claim stayed and they simply profit by that stay some 12 months later when they get that data.

Just my own opinion

[nemesis45]

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

The practice has been to give the claimant ( where a claim has been subject to a prolonged stay) 7 days notice of intention to apply for strike out giving them the " opportunity " to withdraw or pay the costs of the defendants application.

nem

[judgemental24]

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

When you say "prolonged stay"

What in your opinion constitutes a prolonged stay??

[nemesis45]

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

I personal work on 6 weeks, unfortunately in practice many such cases come to light after very extended periods as defendant believe the claim has gone away or " expired" longest to date 28 month discovered only after it was suggested to a client to make a check with the court.

[mandav]

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

This is the latest letter from Restons. I have been away and only opened it in the last few days!

http://i.imgur.com/1RBrwrZ.png?2
http://i.imgur.com/5eEr2li.png?1

[Amethyst]

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

They stated they were applying to the court back at the beginning of September and still don't appear to have done so. If they did apply to the court for summary judgment you should receive a copy directly from the claimants and notification from the court about the stay being lifted - but might be worth checking with the court on the status of the claim at the moment.

The letter mentions they have sent you a copy of the signed agreement. It might be useful to see what they have sent you.

Does the statement of account back up your statute barred defence ?

[mandav]

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

Thanks Amethyst,

I will call the court tomorrow to confirm, but I do not believe the status of the case has changed.

Very poor copy, but below is the link to the copy of the original credit agreement

http://imgur.com/PSccpxH

The statement is below, last activity was early 2009.

Statement page 1
http://imgur.com/myZT0JL

Statement page 2
http://imgur.com/OmgXWmr

- - - Updated - - -

If I am correct the 6 year period was over only after the claim was lodged.

[Amethyst]

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

Okay. Well I think your statute barred argument stands, and that is a terrible copy of the agreement and is missing terms. Is that all they sent with regards the agreement ? If so they will struggle.

The agreement started in July 2006. The minimum duration is stated as 45 months, but the total credit was quoted as £3091 and you were paying £85.87 a month at 0% interest. Which would only take 36 months. So presumably there is a 10-12 month interest free period and then interest kicks in ? Can't tell from the agreement as it's such a poor quality copy. There is PPI of course as you were paying that separately at 10.73 a month - no detail how much that was - was it included in the £3091 or was it a separate sum ? was it stated correctly on the agreement ?
Also the dd rejection charge is excessive, so is the letter charge etc. So all those are issues that need clarifying by a legible copy of the agreement, and with all the applicable terms.

And your last contact / acknwoledgement was April 2009 - the claim being brought in November 2015 means they are out of time.

So yes you should reply to them, but get in touch with court first and check they haven't had any application for summary judgment as you'd need to defend that (I doubt they would have done with that paperwork!) otherwise just respond to their letter telling them the agreement is entirely illegible and appears to be missing terms and your contention of any debt being time barred stands.

[Amethyst]

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

If I am correct the 6 year period was over only after the claim was lodged.

Ahh piss, didn't realise you had the claim in 2014, was reading the first post as November 2015.

Okay, stat barred is out then.

But that agreement is illegible and unenforceable as it stands, so we should respond asking for a legible copy and the full terms.

[mandav]

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

Thanks, will call the court and respond to them in the morning.

[mandav]

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

Thanks, will call the court and respond to them in the morning.

Called the court this morning and they confirmed that the case is still "stayed". No applications have been submitted.

Wrote to Restons - copy linked below.

http://imgur.com/LKsi0WN

Lets see what they come back with.

[Amethyst]

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

Good stuff - they are probably talking out of their bottoms then. As things stand you could defend on the illegible agreement and other issues and they will know that - be interesting to see if they refuse to give you a legible copy.