Restons!! Letter ref Cabot/marlin Financial

[FaceFish]

I have moved this to the court thread, please advise

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Deleted as moved to a new thread in the court section

[FaceFish]

Restons Solicitors Cabot/Marlin Help/advice how to proceed needed please

Hi,

I have received a letter from Restons regarding outstanding payment of £11,250, they are asking for this by this time in 2 weeks, if I fail to pay they have been instructed by Cabot/Marlin to issue court proceedings, they do state that they can offer installments and even go as far as to say they will agree toreduce my balance substantially if I make a one off payment.. I have never contacted my original credit card company or any debt collection company that this debt has passed to in the last 3 years of being chased for it.... NOT ONCE have I spoken to them, paid anything or communicated with any of them at all.

I think this is on shaky ground and without giving too much away in a public place the original agreement was with a credit card firm starting the agreement in 2003, I have defaulted through redundancy and just no spare cash at all i'm just trying to get my life back on track, now do I send a CCA now to Restons or leave the letter & wait until I get the court papers?... I think they are just fishing and hoping to scare me by sending letter stating they WILL take me to court, i'm happy to go to court if they cannot find the paperwork. I do have another credit card firm that did take me to court but it's been stayed so far as they still have not come up with the CCA after 8 months and that was another old credit card started in 2001.

Can you advise please as obviously I would rather it not go to court but i'm not admitting owing the money unless they can prove it by way of a CCA or other signed documentation.

Many thanks in advance.

FaceFish

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi,

I have received a letter from Restons regarding outstanding payment of £11,250, they are asking for this by this time in 2 weeks, if I fail to pay they have been instructed by Cabot/Marlin to issue court proceedings, they do state that they can offer installments and even go as far as to say they will agree toreduce my balance substantially if I make a one off payment.. I have never contacted my original credit card company or any debt collection company that this debt has passed to in the last 3 years of being chased for it.... NOT ONCE have I spoken to them, paid anything or communicated with any of them at all.

I think this is on shaky ground and without giving too much away in a public place the original agreement was with a credit card firm starting the agreement in 2003, I have defaulted through redundancy and just no spare cash at all i'm just trying to get my life back on track, now do I send a CCA now to Restons or leave the letter & wait until I get the court papers?... I think they are just fishing and hoping to scare me by sending letter stating they WILL take me to court, i'm happy to go to court if they cannot find the paperwork. I do have another credit card firm that did take me to court but it's been stayed so far as they still have not come up with the CCA after 8 months and that was another old credit card started in 2001.

Can you advise please as obviously I would rather it not go to court but i'm not admitting owing the money unless they can prove it by way of a CCA or other signed documentation.

Many thanks in advance.

FaceFish

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi FishFace xxx

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi Amythyst :-) can you advise on my next move? Thanks, Face Fish

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi,

I have received a letter from Restons regarding outstanding payment of £11,250, they are asking for this by this time in 2 weeks, if I fail to pay they have been instructed by Cabot/Marlin to issue court proceedings, they do state that they can offer installments and even go as far as to say they will agree toreduce my balance substantially if I make a one off payment.. I have never contacted my original credit card company or any debt collection company that this debt has passed to in the last 3 years of being chased for it.... NOT ONCE have I spoken to them, paid anything or communicated with any of them at all.

I think this is on shaky ground and without giving too much away in a public place the original agreement was with a credit card firm starting the agreement in 2003, I have defaulted through redundancy and just no spare cash at all i'm just trying to get my life back on track, now do I send a CCA now to Restons or leave the letter & wait until I get the court papers?... I think they are just fishing and hoping to scare me by sending letter stating they WILL take me to court, i'm happy to go to court if they cannot find the paperwork. I do have another credit card firm that did take me to court but it's been stayed so far as they still have not come up with the CCA after 8 months and that was another old credit card started in 2001.

Can you advise please as obviously I would rather it not go to court but i'm not admitting owing the money unless they can prove it by way of a CCA or other signed documentation.

Many thanks in advance.

FaceFish

Hi FaceFish (sorry) - Right have read now - Restons are (unfortunately) likely to go to court regardless of the CCA request but yes, I definately would send one to Cabot (as they are now the creditor) and a response to the LBA from Restons stating that you have done so and asking them or copies of the default notice and assignment, details of how the account balance is made up and a copy of the agreement which their claim is based on. As you would be in fast track if they do go to court then a sensible, reasonable response to the LBA should be made.

Can you tell us who the original creditor was ?

Also if you can possibly post a copy of their letter we could help you with drafting a reply if you like xx

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi, Lloyds or Lloyds TSB I think, what does LBA mean? sorry for being a bit thick I'm not really used to this, I have just got myself into a sticky situation and can't get out of it as my income is now 1/4 of what I was earning i'm now self employed so it's impossible to pay this back, so I was hoping to get off on a technicality,

So could you advise all the requests I need to send to Restons or Cabot or both, thanks for your support I appreciate it's a Friday.

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

LBA = Letter before Action.

Do you have any old copies of statements from Lloyds - do you know if you had PPI on the card ?

Not sure about getting off on a technicality, but as far as you can check that the debt is actually owned by Cabot ( notice of assignment ) and is correct, and legally enforceable with a compliant agreement and terms, if they have all of that in order then we would have to look at making an affordable offer to pay. As you are self employed I'm guessing a CCJ wouldn't affect your work (unless you're an IFA or something?) - Do you own your own home ?

The CCA request would go to Cabot with the £1 payment ( CCA request examples are ( see here ) )

The reply to the LBA would go to Restons, just mention in that you have sent a CCA to 'their Client'

4. Defendant’s full response

4.1 The defendant’s full written response should –

(1) accept the claim in whole or in part; or

(2) state that the claim is not accepted.

4.2 Unless the defendant accepts the whole of the claim, the response should –

(1) give reasons why the claim is not accepted, identifying which facts and which parts of the claim (if any) are accepted and which are disputed, and the basis of that dispute;

(2) state whether the defendant intends to make a counterclaim against the claimant (and, if so, provide information equivalent to a claimant’s letter before claim);

(3) state whether the defendant alleges that the claimant was wholly or partly to blame for the problem that led to the dispute and, if so, summarise the facts relied on;

(4) state whether the defendant agrees to the claimant’s proposals for ADR and if not, state why not and suggest an alternative form of ADR (or state why none is considered appropriate);

(5) list the essential documents on which the defendant intends to rely;

(6) enclose copies of documents requested by the claimant, or explain why they will not be provided; and

(7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.

4.3 If the defendant (or insurer) does not provide a full response within the period stated in the claimant’s letter before claim (or any longer period stated in the defendant’s letter of acknowledgment), and a claim is subsequently started, then the court is likely to consider that the claimant has complied.

4.4 If the claimant starts proceedings before any longer period stated in the defendant’s letter of acknowledgment, the court will consider whether or not the longer period requested by the defendant was reasonable.

[nemesis45]

Re: Restons!! Letter ref Cabot/marlin Financial

Hi ,

The next move is a Request made under section 77/78 of the Consumer Credit Act q1974, (CCA Request), to see if Restons have an enforceable agreement.

Restons have 12 + 2 Working Days to comply. use a Postal order for the £1 statutory Fee and clearly mark it " for statutory fee only".
Account opened in 2003, so original or proper copy of the agreement need to enforce via the courts. (see below)*
When was the Last payment or written acknowledgment made?

*Please be aware that a CCA request has lost a lot of the original impact now that" reconstituted agreements " can be produced and used in court for debts post April 2007.

But it has been attempted by certain DCAs to submit a recon + evidence of usage of a " credit facility" i.e. payments to and withdrawal of funds and purchase of items to a court with a pre April 2007 agreement.
One more question is the alleged debt on credit reference files?

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

Nemesis - the CCA request would go to Cabot as they are the Creditor, Restons are acting for Cabot. Therefore CCA to Cabot and inform Restons you have done so in the LBA response.

Facefish - for clarification the 12+2 days is until the creditor would be considered in default of the request and are therefore barred from enforcement while that default continues. This does not preclude them from taking the court action, but does precule them from obtaining judgment (so long as you defend and inform the court of the default).

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Do you have any old copies of statements from Lloyds - do you know if you had PPI on the card ? NO PPI

Not sure about getting off on a technicality, but as far as you can check that the debt is actually owned by Cabot ( notice of assignment ) and is correct, and legally enforceable with a compliant agreement and terms, if they have all of that in order then we would have to look at making an affordable offer to pay. As you are self employed I'm guessing a CCJ wouldn't affect your work (unless you're an IFA or something?) - Do you own your own home ? YES half with my wife + two choldren under 16 in the house

The CCA request would go to Cabot with the £1 payment ( CCA request examples are ( see here ) ) OK thanks

The reply to the LBA would go to Restons, just mention in that you have sent a CCA to 'their Client' Ok but it states on their paperwork to send ALL correspondence to Restons do I still send to Cabot?

Thank you very much

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Facefish - for clarification the 12+2 days is until the creditor would be considered in default of the request and are therefore barred from enforcement while that default continues. This does not preclude them from taking the court action, but does precule them from obtaining judgment (so long as you defend and inform the court of the default).

Ok got it thanks

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

Yes still send CCA to Cabot.

House wise, if they do go on to get judgment (ie if all the docs add up and you make an offer to pay by affordable instalments) then they will probably ask the court for a charging order over your home. As it is your family home and have children and your wife is on your mortgage, then although it would probably be granted as security to back up your instalment payments, they will not be able to obtain any sale order.

We'll play it by ear as we are early on in the process and help you all we can ok.

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Yes still send CCA to Cabot.

House wise, if they do go on to get judgment (ie if all the docs add up and you make an offer to pay by affordable instalments) then they will probably ask the court for a charging order over your home. As it is your family home and have children and your wife is on your mortgage, then although it would probably be granted as security to back up your instalment payments, they will not be able to obtain any sale order.

We'll play it by ear as we are early on in the process and help you all we can ok.

Yes I have seen this may be the case, I really hope a CO can be avoided also as I only have 4.5 years to go on my mortgage before it's all done ;-( Thanks for all of your help I will send the CCA request in the next week or so just before the time limit is up, I will come back and let you know how it all goes. Cheers and have a great W/E