dieselman60 - cabot /restons claim

[dieselman60]

Re: cpr

thanks for that. once this is all sent off I presume I have to wait for replies from the cca etc is there anything else I
have to do in the meantime??thanks// ps complete novice !! here

[nemesis45]

Re: cabot /restons claim

Yes this I think indicates that more than 6 years has elapsed since the account was defaulted and the account has been removed from CRA files paid or not.

[dieselman60]

Re: cabot /restons claim

ok thanks, so can you tell me what happens next please??

[mystery1]

Re: cpr

Don't let any court deadline expire whilst you wait. (defence due deadline etc) Once the cpr request deadline has expired you need to act.

In the meantime go through your paperwork (if you have it) research and see what legal arguments you may have.

M1

[spirit2534]

Re: cpr

It seems that the claimanents main weapon is apathy by the defendent.

1. Always send an AOS (Acknowledge of Service) that extends the response time to 33 days from 28 days.

2. Send of the CCA & CPR requsts as early as possible.

3. If necessary, file a defence based on CCA & CPR failures.mashappy:

4. The majority of "victories" for the claimanent are based on default
judgements.

[FlamingParrot]

Re: cpr

It seems that the claimanents main weapon is apathy by the defendent.

1. Always send an AOS (Acknowledge of Service) that extends the response time to 33 days from 28 days.

Not quite. The claim must be acknowledged within 14 days of receipt. If you say you intend to defend the whole claim you get a further 14 days to file a defence. The extra 5 days are allowed for service, so you have a total of 33 days from date on claim to submit your defence. You still have to do the AoS within 14 days.

2. Send of the CCA & CPR requsts as early as possible.

3. If necessary, file a defence based on CCA & CPR failures.mashappy:

4. The majority of "victories" for the claimanent are based on default
judgements.

I would add if they don't respond to the CPR request in 7 days, you should chase them up and ask them to agree to a 28 day extension.

[debbbs]

Re: dieselman60 - cabot /restons claim

Hi

We also recieved a Cabot claim form on christmas eve.

This is an account that in Feb 2009 the OC confirmed a CCA request could not be complied with. The account pre dates the 2006 CCA ammendments.They couldn't even reconstrcuct a copy. Every DCA has had this but in 2013 we got a letter from Cabot. Since than We have requested documents. When we stated that we had not recieved a Notice of Assignment they admitted they did not have a copy and no proof that one had been sent.

To clarify

No Notice of Assignment
No Agreement
The POC don't refer to a Default Notice
We have not recieved annual statements
The account became statute barred November 2014

And to further compound matters the solicitor Drydens have put the wrong account number on the claim form.

But here is our concerns, Cabot knew we would defend the claim, they knew that they didn't have one single peice of documentation to support the claim and enforce a judgement,but still chose to issue one on the 22nd December. We recieved the court documents on the 24th.

Is Cabot playing a percentages game, are they issuing claims at this time of year to take advantage of the delay in postage and that people will be away from home, are they abusing the court process in order to get judgment by default on accounts that they know could/would be challenged?

I would love to know if there is a way to find out how many claims they issued on the 22nd December.

By the way Dieselman60, the people on this site are amazing, you concentrate on your health. Anything you need just ask.

Debs xxx

[Nuff55]

Re: dieselman60 - cabot /restons claim

I got one too.

[nemesis45]

Re: dieselman60 - cabot /restons claim

Judging by what I'm seeing here and else where the was a large number of claims sent out to reach the alleged debtors on 23-24 December.
A large number of these seem s be statute barred or nearly so.

So to clarify for those who are not familiar with the stat barred process note these points.

1. If a county court claim is issued at Anytime prior to the debt becoming SB the 6 year clock stops.
2. Statute Barred in England & Wales= No payment or unequivocal written acknowledgment of the debt in 6 clear years.
3. No relevant contact from the creditor/DCA/Debt Purchaser in 6 clear years.4
4. The " standard " debt collection letters and demands for payment (inc. Statutory Demands) do not count as relevant contact a Court Claim does and as said stop the clock.
If a judgement is given it takes over completely from the original credit agreement.
Check all details carefully prior to making any claim that a debt is statute barred!

nem

[dieselman60]

Re: dieselman60 - cabot /restons claim

hi sorry not been around much I sent off the letters guaranteed next day delivery before 1 o:clock im afraid my health took a bit of a turn for the worse wed but ok now just getting ready for my op on wed apparently I have to give them 12 working days ,its going to be cutting it a bit fine ? hopefully if im okay you:ll be able to give me more guidance .on another note how come these companies get away with this type of actions , happy new year to you all

[dieselman60]

cabot/restons claim 22/12/14

hi everyone
I received a county court claim on 24/12/14 .the help I received on here was great esp nemisis45 and various others
I do have some very serious health problems with my heart so this is not helping.
I sent the cca the cpr letters out ,not heard from restons at all ,but got a letter from cabot saying//cabot financial does not have this information on file ,we have requested the relevant information under section 77 and or 78 of the consumer credit act 1974 from the original lender they then go on to say they anticipate to to provide the relevant information within 40 days.
problem the letter was dated 8 jan we didn't receive this letter until 14 jan to complicate matters further my heart operation which I had on the 5 jan ive been told yesterday that it was not successful so on top of everything it looks like I may have to go back into hospital v soon which is no help at all at the min ,please , can some some one tell me what to do next as all this stress is not doing me any good at all thank you all for any help ps as simple as possible please thanks.

[nemesis45]

Re: cabot/restons claim 22/12/14

Hi diesel,
So sorry to hear the operation was not a success!!

Cabots 40 day letter is a nonsense and an abuse of the CCA request process, a sly delaying ploy.
Please if you can copy that letter and send it with a comment such as " I am aware that Cabot are using the claim to have 40 days to comply with a CCA Request to delay alleged debtors attempts to file a defence to county court claim" to the FCA for information.

Then a short (terse) note to Mr Ken Stannard CEO Cabot, stating that as he is fully aware Cabot have 12 + 2 Working days to comply with a CCA request and the constant claim being made that it has 40 days to comply has been reported to the FCA.

Pleas don't stress over the idiotic behaviour of Crapbot we will help all we can!!

My feeling is you should perhaps inform Cabot (Ken Stannard) of your serious medical condition and the stress Cabots conduct is creating is making it worse. I think an I suspect others will that you can be classed as a vulnerable person so Cabot should " take a step back." Obviously the court action is not going to achieve their expected result: I.e. They'll get bugger all what ever they do:juge: nem

[Amethyst]

Re: cabot/restons claim 22/12/14

http://www.legalbeagles.info/forums/...218#post504218 is other half of thread.

[Amethyst]

Re: cabot/restons claim 22/12/14

If you're going to have to go back in to hospital do you want to get your defence filed now, then you know you have a good month clear before you need to do anything else with this ?

[dieselman60]

Re: cabot/restons claim 22/12/14

thanks for getting back to me ,im a bit slow at the moment ,when I send a note to ken stannard I presume this is to be done by email .only problem is they will then have my email address and bombard me with emails all the time ??
also what about the court letter I think I don't have much more time do I?
I think my 28 days are up on the 19/1 sorry for being a bit thick I cant think straight at the moment :tinysmile_hmm_t2:not sure when im going back I know for definite I have to go in on the 11/2 for a couple of day things are a bit up in the air sorry for taking a bit of time to answer