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CClaim Received - Restons/Cabot/Capital One: What can I do?

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  • #31
    Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

    Hi Flower,
    Cabot seem intent on bending the "rules" to suit themselves.

    Yes send a copy of the letter to the FCA, comment on the fact that Cabot are using this 40 day time scale as a standard reply on CCA request made when court action has been started and it appears to be a deliberate attempt to prevent documents being available to defendants.

    Your thanks are much appreciated.

    nem

    Comment


    • #32
      Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

      Hi everyone,

      An update...
      I received correspondance from Restons after I filed my defence. Is it just a a rehash of a s78 request reply and do they have to supply it in a 12+2 day timeframe? Shouldn't they have had all this information together first before filing a claim and do I need to do anything?

      Thanks
      Flower
      Attached Files

      Comment


      • #33
        Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

        CCA request 12 + 2 Working days once expired the debt is unenforceable until the agreement is forthcoming.
        Debts are sold with very little data so they have to refer to the OC for agreements etc.

        CPR31.14 is still appropriate until the debt is allocated to a track. Only documents mentioned in the POC can be requested Nothing else.

        nem
        Last edited by nemesis45; 25th February 2015, 09:05:AM.

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        • #34
          Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

          Hi all...

          Its been a while but I hadn't heard anything from Restons until this morning.
          They apologised for the length of time it has taken to write and are still awaiting documentation...They are way past their deadline.
          Do I need to do anything?

          Thanks
          Flower

          Comment


          • #35
            Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

            [QUOTE=Flower293;545427]Hi all...

            Its been a while but I hadn't heard anything from Restons until this morning.
            They apologised for the length of time it has taken to write and are still awaiting documentation...They are way past their deadline.
            Do I need to do anything?

            Is this for the CPR31.14 request?
            Any response fro Cabot on the CCA request, if not the claim may be stayed a quick call to the court to verify the status of the claim would be a good idea.

            nem

            Comment


            • #36
              Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

              Hi

              Thanks for the reply Nemesis.
              Yes it was from the CPR request that I made in February. I also rang the court earlier today and indeed the case is stayed and can apply for a strike out. No other further responses.

              Thanks
              Flower

              Comment


              • #37
                Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

                Still no agreement still unenforceable, check again with court Monday/Tuesday then give Crapbot 7 days notice of intention to apply for strike out.

                nem

                Comment


                • #38
                  Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

                  Thanks Nemesis

                  Will do and come back...
                  Thanks
                  Flower

                  Comment


                  • #39
                    Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

                    Hi everyone,

                    After over a year of letter tennis and making a complaint. Restons/Cabot have finally decided to discontinue the claim and are closing the file!

                    Thank you to everyone that has helped me but in particular nemesis, nuff55 and skilganon for all your help and advice.

                    All the the best and never give up!

                    regards

                    Flower

                    Comment


                    • #40
                      Re: CClaim Received - Restons/Cabot/Capital One: What can I do?

                      [QUOTE=Flower293;653333]Hi everyone,

                      After over a year of letter tennis and making a complaint. Restons/Cabot have finally decided to discontinue the claim and are closing the file!

                      Thank you to everyone that has helped me but in particular nemesis, nuff55 and skilganon for all your help and advice.

                      All the the best and never give up!

                      regards

                      Flower [/QUOTE,

                      Hello Flower that's great news , well done all!!

                      nem

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Directions Questionnaire



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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