Restons!! Letter ref Cabot/marlin Financial

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

With regard to the CCA request could I put 2 x 50p coins stuck to the letter to cover the CCA request payment?

[Amethyst]

Re: Restons!! Letter ref Cabot/marlin Financial

You could although I'm not sure how the DCA's react to that, I know sometimes they return Postal Orders as they are made out to the wrong company etc but there's no rules about not sending cash.

[FlamingParrot]

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

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.

No, you shouldn't wait till they take you to court, you should send a CCA request to the account owner (is it Cabot or Marlin?). Send the second, more in depth one which has a paragraph that makes allowance for a debt purchaser arguing they are not the creditor: http://www.legalbeagles.info/forums/...=7670#post7670

Additionally, you should respond to Reston's letter as if it was a letter before action. Restons DO take people to court and are one of the more aggressive firms around. There have been numerous cases where the solicitors have backed down and not issued court papers after being challenged at the pre-court stage, to produce the documents they would rely on if they were to issue a claim. See below. As this is a balance over £10k, if it went to court it would be allocated to fast track where costs ARE awarded. Non-compliance with the pre-action conduct with regards to exchanging information before going to court CAN have an effect on costs for either side, so it makes it even more important for YOU to comply and show that they are the ones who didn't.

Both letters should be sent by recorded delivery. The CCA request requires a fee of £1 to be paid, nothing for the other letter. Sign them digitally using a computer font. :thumb:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2014 and I am awaiting a response.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[FaceFish]

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

Hi many thanks for the info I have had some advise on the other thread I made but could not delete, great idea using electronic font for the signature.

[Amethyst]

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

Ahhh I'll merge the threads for you xx DONE

[FlamingParrot]

Re: Restons!! Letter ref Cabot/marlin Financial

*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.

There seems to be a bit of confusion surrounding these issues.

s.127 of the Consumer Credit Act 1974 was repealed with effect from April 2007. s.127 said the following: http://www.legislation.gov.uk/ukpga/...on/127/enacted

(3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

(4)The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

(a)a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or

(b)section 64(1) was not complied with.

That means the court was prevented from enforcing a debt without a properly executed agreement. As the repeal is not retroactive, that still applies to pre-April 2007 agreements

The option to produce recons was a result of the judgment in Carey v HSBC: http://www.legalbeagles.info/forums/...recreated-docs

This judgment applies also to pre-2007 agreements, however, the recons should be honest and accurate. One thing that's often forgotten is the fact that Carey and the others were CLAIMANTS rather than defendants.

You may want to look at the comments made here: http://www.stephensons.co.uk/site/ne...y#.VHDQisk_iUs

However consumers should remember that should a creditor issue court proceedings against them, without first locating a signed document, they would have a defence to that action. Without a signed document the creditor will have to convince the court that on balance a document signed by the consumer containing the prescribed terms would have been produced at the time of execution. The onus is on them to prove this.

[nemesis45]

Re: Restons!! Letter ref Cabot/marlin Financial

The Key wording is " each case will be considered on its own facts" thus the " balance of probabilities " will be used to decide if a liability subsists.

[FaceFish]

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

Hi, i'm probably being a little thick here but how do I take the green background off in a word doc? I can still see teh outline when printed after filling in the blanks... please advise ASAP

[FaceFish]

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

is this letter classed as a CPR request? or does that come later if court proceedings are issued?

[Kafka]

Re: Restons!! Letter ref Cabot/marlin Financial

The letter in post #18 is a CPR request under the Pre-Action Protocols, as opposed to a CPR request following the receipt of a court claim. A Pre-Action request for disclosure can be made on receipt of a letter that is a clear threat of legal action rather than "we may commence legal action" type of letter.

[FaceFish]

Re: Restons!! Letter ref Cabot/marlin Financial

Ha ha.. Restons came back to my LBA letter with a reply to me saying that all documentation sent to them must contain a signature!! I did use a electronic signature how a signature proves who I am, I don't know, but they are happy to address a return letter to me as named and correspond that way... IDIOTS also if i was not me how would I know what the reference number is etc etc... Cabot came back to my CCA requested stating it will take 40 days!!

What do I do with Restons? just treat it that they have not replied to my letter after all it was sent normal delivery with no signature, and then if it goes to court say that they never supplied or replied to my letter?

[FlamingParrot]

Re: Restons!! Letter ref Cabot/marlin Financial

Ha ha.. Restons came back to my LBA letter with a reply to me saying that all documentation sent to them must contain a signature!! I did use a electronic signature how a signature proves who I am, I don't know, but they are happy to address a return letter to me as named and correspond that way... IDIOTS also if i was not me how would I know what the reference number is etc etc... Cabot came back to my CCA requested stating it will take 40 days!!

What do I do with Restons? just treat it that they have not replied to my letter after all it was sent normal delivery with no signature, and then if it goes to court say that they never supplied or replied to my letter?

That seems to be their latest little strategy to be obstructive and annoy people. :mad2: :mad2: :mad2:

See this post, where they've done the exact same thing : http://www.legalbeagles.info/forums/...768#post497768

...and my suggestion below. In this case the OP had been taken to court, however, it's always better to try and sort things out before it reaches that stage. :thumb:

They are just being obstructive. :mad2:

As time is of the essence, rather than arguing over it, you may wish to sign the letter. If you are concerned, you could sign on an anti-tamper strip. :thumb"

[FlamingParrot]

Re: Restons!! Letter ref Cabot/marlin Financial

Cabot came back to my CCA requested stating it will take 40 days!!

That's the standard template letter they are currently using to respond to every CCA request. It looks like some brain damaged monkey at Crapbot HQ got the timescales mixed-up. They have 40 days to respond to a SAR, but only 14 for a CCA request. :santa_cheesy: