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

[nemesis45]

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

Respond to Restons that due to the non compliance with the section 78 request and CPR31.14 request your defence stands,
The debt remains unenforceable until compliant documents are produced.

nem

[pauulss]

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

Many thanks Nemesis be well my friend

[nemesis45]

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

Many thanks Nemesis be well my friend

Happy to help!!

nem

[pauulss]

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

Little update : Here is the Letter i sent to Restons a couple of days ago in case it may be of use to any folks in the same boat for a working template to go off

30/01/2015



Re:CountyClaim No. XXXXXXXXXX




Dear XXXXX,


I write with regard to your last letter dated XXXXX XXXXX^st 2015 requesting the withdrawal of my defence for the county claim noted above.


As both Cabot Financial (UK) and Restons Solicitors have both still failed to provide the documents I requested in previous letters, due to this non-compliance my defence still stands.


The debt remains unenforceable until compliant documents are produced &supplied to me for my perusal.


You make reference in your letter XXX^st XXXXXXXX 2015 in point (5)
Re:Claimant has failed to comply with you Section 78 request and you having no record of such a request.


Please can you recheck your facts with the claimant before making such claims


Please find attached copies of the two letters requesting the exact same documents (Consumer Credit Agreement 77-79) from Cabot Financial (UK)for your case files:

• Letter 1: Sent XXXXX December 2014 (confirmed received by Cabot Financial (UK) Royal Mail Signed For reference number XXXXXXXXXXX on XX / XX / XXXX. Reference name signee XXXXXXXXXX

&

• Letter 2 : Sent XXXXX January 2015 (confirmed received by Cabot Financial (UK) Royal Mail Signed For reference number XXXXXXXXXXX on 12/01/15. reference name signee XXXXX

Additionally I again make reference to the facts, this alleged debt was allegedly assigned to Cabot in XXXXX, over XXXXX years ago and no attempt has been made to enforce the debt in that time


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.


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


Yours sincerely










XXXXXXXXXX

[nemesis45]

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

Very good!!
nem

[pauulss]

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

Thanks Nem im getting good at this now from the newby i was this time last month !! :tinysmile_twink_t2:

[nemesis45]

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

:third:
nem

[pauulss]

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

we will wait and see

[Nuff55]

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

You seem like you're in the same position as me - almost.

Restons 28 days to 'decide' whether to proceed or not is about up. I'd ring the court (as I will do when my Restons 28 DAYS expires next week), and find out how the land lies.

[pauulss]

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

thanks Nuff - it looks like they threw 100s of these claims out on the same basis & time. Yeah, my 28 days is close, not sure if weekends etc are included in the timings.
We will see how it progresses from here or what some of our more experienced members say who have experience of what happens. this is all new to me, but im learning !

[pauulss]

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



Update to my thread. Crapbot have replied to my CCA request.
They admit in writing "Your credit agreement is currently unenforceable........."

What is the best way now to close off the pending court papers?

My defence was submitted to 9th January. So it looks it is now stayed' at this time. As i have not heard from court/Restons/Crapbot saying things are progressing

Is there a chance they could get the CCA at a later date ?

The day after i also got a reply from Restons (shown below) roughly saying the ball has been passed back the Crapbot

Any advice what is best to do now ? thanks for all the input and help on my thread thus far guys/girls

[pauulss]

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

Any advice off the experienced folk on here what is best to do from here ? Cabot cannot provide me with CCA and say so in letter, court case is currently 'stayed'.

Any steps to take from here to get final closure on this ? thanks in advance guys/girls

[Amethyst]

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

Yes there is a chance they could come up with it in the future.

Write to Restons inviting their client to discontinue their claim on the basis of the cabot letter, otherwise you shall be applying to strike it out and ask for your costs.

[pauulss]

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

many thanks Amethyst wishing you a good day

[pauulss]

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



Well, it has been a very quiet 2015, no contact from Restons or Cabot in over 7 months

The above letter lands on my mat last week while I was away on holiday to welcome me on my return -

I have heard nothing about my county court claim since February 2015, now 7 months ago

Cabot / Restons have still not provided the CCA to me
Cabot have sent me acknowledgement by letter they do not have the paperwork and cannot provide it

• Can anyone please advise the content for suitable response and wording to arrange final and complete closure to this.

Any further advice or recommendations of action would be greatly appreciated - thanks in advance