Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Many thanks to you both Amethyst & Nemesis for ALL your help & advice thus far. You have been a godsend
It has put me very much at ease especially over the Christmas period

I have just signed up and donated for VIP £15 via PayPal. It is the least i can do If it goes towards helping others in the same boat, that is great

Amethyst - I will look to amend my defence, the [ ] from are now gone, I will add the point about credit reference report not showing any of this MBNA debt, no payment history., no registered default & date It is a 'skelton/work in progress' defence.

I fear more are to follow as I'm at the last chance saloon for DCAs before 6 year statue barred, arrives in March 2016, but from what i have learned so far it wont be anywhere near as daunting as when those first blue court papers arrive and land on your mat

Nemesis - I will fire off that letter your suggested "why not give up" to Restons tomorrow, cant do any harm and adds to my defence

Many thanks again to you both

[nemesis45]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Very happy to help your thanks is much appreciated.

Good Luck!!

nem

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Does this letter to Restons below read OK ? or any additions/deletions/ re-wordings required ?

Nemesis - where you wrote , "where as no action should be started after years from the date of the cause of action" i was unsure as to what this entirely meant or if some wee details was missing (i.e. if typed at speed) sorry if i'm being thick with this. Hopefully is you could clarify

Many thanks folks
I will try to get this sent out first thing tomorrow morning recorded delivery is one of you more learned folks could give an opinion or guidance on it .

thanks

.................................................. ....................................................................... .................................................................... .................................................................... ......................................................

Dear Restons

I refer to County Claim No,xxxxxxxxx in which Restons are acting on behalf of Cabot Finanical (UK) Ltd.

This alleged debt was allegedly assigned to Cabot in April 2004, nearly 10 years ago and no attempt has been made to enforce the debt in that time

I also refer you to the fact that this alleged debt arises from agreement signed prior to April 2007 and Cabot Financial (UK) Ltd. must produce a proper copy of the Original signed an executed regulated agreement to prove that any such alleged debt may exist.

I have formally requested by Recorded Delivery letter that Cabot Financial (UK) Ltd. supply a proper copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I have waited more than the standard 12 workings days and it still has neither been acknowledged by Cabot or delivered to me for perusal.

It is my understanding that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I respectfully suggest that Restons therefore advises its client Cabot Financial (UK) Ltd. to withdraw this claim so as to save court time and further associated costs


Yours faithfully


XXXXXXXXXXX
.................................................. ....................................................................... .................................................................... .................................................................... ......................................................

[nemesis45]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Yes great:
One suggestion.
The "10 year time lag"

ADD. The Limitations Act 1980 states that no action should commence ( debts arising from simple contracts) once six years has elapsed from the cause of action.

nem

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

nice one Nemesis - added I will be posting off in about an hour

Thanks for clarifying
I did not know about that one

It is powerful & empowering stuff this knowledge once you get your head around things work :tinysmile_twink_t2:

[nemesis45]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Good luck!!:juge:

nem

[debbbs]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

When did you last recieve a statement? never had a statement from them ever i dont think, so long ago since a payment was made, i cant recall if the payment were to cabot or another DCA

Whoever said they owned this account after MBNA should have been sending annual statements.

CCA 2006 Ammendments

'The CCA now requires creditors under a regulated fixed-sum credit agreement (with a term of
more than 12 months) to provide annual statements. This requirement is contained in a new
section 77A of the CCA. Failure to comply with this section will mean that the debtor is not liable
to pay interest or other default payments in respect of any period of non-compliance when a
statement is due but has not been sent, nor will the creditor be able to enforce the agreement
during the period. This provision will apply to existing agreements as well as agreements made
after commencement of this requirement. “Fixed-sum credit” includes loans for a fixed term of a
fixed amount and also covers hire purchase, conditional sale and credit sale agreements. '

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

many thanks for that debbbs - more ammo for my case/defence

[Amethyst]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

MBNA are credit cards rather than loans, thus running rather than fixed credit, and come under s.78 rather than s.77.

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Progress on my case today - i have had a letter from Restons Solicitors today.

[Nuff55]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

I suspect one of those will be headed my way any time soon...

They have a bloody nerve - although I guess it's not wise to write back and say so.

I'll be watching for the Beagles advice.....

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Defence submitted to court 9th Jan

Yesterday , I got the letter above from Restons.
Is this standard response from them?
What am i best doing now ?
I still have no agreement sent to me by Cabot and Restons have still not provided my CPR 31.14

Any advice from the knowledgeable and wise here? Amethyst, Nenesis45 or anyone who has been through this court papers before

[nemesis45]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Hi, No documents as yet i.e. credit agreement of CPR31.14.
The letter states no record of CCA request (my guess Restons don't know you sent it to Cabot.

Lets try and get the CCA another did you keep a copy of the CCA Request letter and the £1.00 payment?

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

Thanks Nemesis

I have no documents from either Restons or Cabot. x1 letter from Cabot saying it will within 40 day s

Restons are lying saying no record of the CCA request
This was in my last letter to Restons "I have formally requested by Recorded Delivery letter that Cabot Financial (UK) Ltd. supply a proper copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I have waited more than the standard 12 workings days and it still has neither been acknowledged by Cabot Financial (UK) Ltd. or delivered to me for perusal."


I kept a copy of the CCA request to Cabot in my folder, i have the recorded delivery receipt & £1.00 payment

Should i reply to Restons ? or chase up with a second request for the CCA from Cabot?

[pauulss]

Re: Court Claim : Cabot / Restons / MBNA VS Pauulss 16-12/2014

The final paragraph of Reston letter reads

"I light of the above, we would be grateful if you confirm that you are now prepared to withdraw your defence"

Well NO, i dont want to withdraw it as they have not provided me with CPR31.14 or the CCA from Cabot

Why on earth would i want to withdraw it if they have not provided it.

What is the next best step to take.

Court papers were issued 16th December 2014
Defence submitted 9th Jan 2015

Am i able to request to continue with the case or where do things lie now?
Will Cabot/Restons just lead me a merry dance now of more paper chasing & threats as they know now it wont go before a judge?
Am i able to ask the court to arrange a date or request the claim to be settled?

Really very sorry for all the questions but these court papers are on my mind daily and would like to get things closed & settled earliest as possible if I can.