Would appreciate some advice re Court Claim - very new to this !

**Amethyst** · 23rd January 2015, 14:56:PM

Re: Would appreciate some advice re Court Claim - very new to this !

That all sounds quite normal for Cabot and Restons. Would you be able to post a copy of your defence up please.

Did you write to the claimants at all after getting the claim - to ask for evidence/copy of agreement/assignment/default notices ? If not we can do that now.

We'll need to combat their application (IF they make one) so won't really know best next step till we see the defence.

Did you have a cc with Lloyds and do you remember the debt, how much, any disputes and when you last paid or acknowledged it ?

**nemesis45** · 23rd January 2015, 15:06:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Hi Welcome,
Some history of the debt please.
When was the claim issued?
Is this on credit files?
When was the account opened?
When was the account defaulted?

You need to make a request under section 78 of the Consumer Credit Act 1974 (CCA request) this is to require Cabot to supply the credit agreement and a current statement of the account.
There is a £1 statutory fee to pay Cabot have 12 + 2 Working Days to comply.
For the fee use a cheque or PO endorsed " for statutory fee only"
Then a CPR 31.14 request to Restons (no fee) to request them to supply all the documents mention in the Particulars of Claim (POC). 7 days to comply.

Can you post up a copy of the claim form or type it in here please (redact personal identifiers and claim number)

This will aid in getting the best advice for you.

nem

**scooterman** · 23rd January 2015, 16:06:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Thankyou for the reply Amethyst.

I am self employed and had some financial difficulties a couple of years ago. I couldn't/didn't continue paying the instalments back to Lloyds and must confess to 'burying my head' a little over this matter - irresponsible I am sure, as it was a personal debt and I was concentrating more on repaying my business loans and overheads.
As I had no prior communication with Cabot, I defended the claim as follows:

" I do not acknowledge the amount claimed and also confirm that I have had no prior dealings of a financial nature with the claimant - Cabot Financial UK Ltd"

I have not written to the claimants or Restons since receiving the claim, apart from returning the Acknowledgement and Defence to them via the court

**scooterman** · 23rd January 2015, 16:13:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Hi Nem
Thankyou for taking a look at this matter !

the Credit card was issued to me by Lloyds - June 2003
Debt transferred to Cabot July 2014
I think the original limit was £5000 - but now with interest and charges it is £9k
I defaulted in 2008/09
Still showing on Experian

Thankyou for the advice re sect 78 - Restons have given me 14 days to comply - do I have the time to still make the request under s78 ?

**nemesis45** · 23rd January 2015, 16:21:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Hi Scooter,

Was is the actual default date on the Experian credit file?

Yes still time for both requests.
Their 14 days is arbitrary.

They are going to need the actual agreement signed in 2003 to enforce this, hence the daft letter re withdrawing the defence.

nem

**scooterman** · 23rd January 2015, 16:28:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Hi Nem
Their request to withdraw my defence seemed slightly odd and 'desperate'...interesting you say 'daft'
I will check my credit file this evening and confirm all later.
A great many thanks indeed !
I'm learning as I go...this financial playing field is certainly not an even one !

**nemesis45** · 23rd January 2015, 16:42:PM

Re: Would appreciate some advice re Court Claim - very new to this !

No there is little that is " level" in the world of debt collection, the agencies rely a lot on the ignorance of alleged debtors in regards to Law and regulation, in your case they hope you don't know that they cannot enforce the debt without the agreement.
I look out for your post.#

nem.

**scooterman** · 2nd February 2015, 10:39:AM

Re: Would appreciate some advice re Court Claim - very new to this !

Good morning all !
Have been away from this thread for a while but am in the process of sending CCA request to Restons today
Can you please advise - if I have already filed a defence to Northants Court, of which Restons have been made aware, is it now too late to send Restons a CPR request in addition to CCA request letters ?
Also, as I am informed that Cabot financial has been assigned the debt, do I send original letters to Cabot with copies for Restons or vice versa ?
I also note that there is a Subject Access Request letter - do I now use this in replace of the CPR letter ?
Re: 'Tomlin Order' - how and at what stage if necessary to I apply for this ?

**nemesis45** · 2nd February 2015, 11:05:AM

Re: Would appreciate some advice re Court Claim - very new to this !

CCA request to Cabot, CPR31.14 to Restons.

The CPR 31.14 is a request for the documents mention in the Particulars of Claim (POC) nothing else is allowed.
The CCA Request is for the Agreement and a current statement of the account.
nem

**scooterman** · 2nd February 2015, 11:26:AM

Re: Would appreciate some advice re Court Claim - very new to this !

Many thanks Nem !
As Restons are acting for Cabot - I am sending both letters by reg post. Do I send originals or copies to Restons ?

**scooterman** · 2nd February 2015, 12:04:PM

Re: Would appreciate some advice re Court Claim - very new to this !

Apologies Nem - have just re-read your last post.
Many thanks again

Would appreciate some advice re Court Claim - very new to this !