Reston and Cabot court claim

[Millie311011]

Hi I'm new so here goes,

back in december i received a court claim from restons on behalf of Cabot.

i responded claiming the debt to be sature barred not acknowledging the debt and I also sent a cca request to which I have had no reply.

restons on Saturday sent me a letter acknowledging my defence of stature barred asking me to provide details of how I belive this saying I need to provide them with evidence within 14 days. Correct me if I'm wrong but surely the person making a claim must be the one to prove you owe a debt and provide the evidence to that fact?

they also say in the letter that as the debt is for a current account a cca request is not covers by law? Is that correct?

i just want some help on how I should proceed any help would be much appreciated

thanks

[mildman]

Re: Reston and Cabot court claim

Yes you are correct, it is down to the claimant to prove their case, not you to defend. You are under no obligation to comply and do there dirty work for them. They now have to prove it is not statute barred, not you. I would ignore their letter if It was me

No CCA is needed for a current account but if you had an overdraft then a separate agreement needs to be supplied as that will be covered under the act

Just let things run its course, they have to respond to your defence within 30 days

[Millie311011]

Re: Reston and Cabot court claim

Hi mildman

thanks for your response!

do you think I should write to them stating its up to them to provide the evidence or not?

will they try and strike out my defence if I don't respond

I think they are just playing hard ball when r adding other posts about restons

cheers

[nemesis45]

Re: Reston and Cabot court claim

Cabot/Restons are constantly attempting to bend regulation and statute to suit themselves.
My stance would be to reply along the lines of

Re: CC Claim Number xxxxxxxxxxxx

Sir/Madam.

I refer to your letter regarding the above mentioned claim.

It should be noted that the onus of proof that the alleged debt is not statute barred falls entirely upon your client.
Therefore I expect to receive any documentary proof of any alleged payments or unequivocal written admissions of liability made during the relevant six year period.

Any allegations of one off payments such unsupported payments of £1.00 are not acceptable and will be refuted.

See what that brings out of the woodwork.

nem

[Amethyst]

Re: Reston and Cabot court claim

I'd also reply reminding them that their client bears the burden of proof on the statute barred issue.

I wouldn't include this bit though ''Any allegations of one off payments such unsupported payments of £1.00 are not acceptable and will be refuted.'' - see what they come back with first without second guessing them in case it bits you on the bum.

[Millie311011]

Re: Reston and Cabot court claim

Cheers people I will send off a letter in next few days and see what comes of it I would mention that if I reply by the end of there 14 days as stated in there letter the court would have already stayed the case as it would be past the cut off point

will let you know how I get on and if I could use any more advice
again many thanks for your help

[Millie311011]

Re: Reston and Cabot court claim

Hi

i spoke to the court today to see what's happening with this claim, I was told so far restons or Cabot have not responded but the court is still working on post from over a week ago.
if they have not responded by 21st feburary the court said the claim will be stayed.
what exactly does this mean?
is the claim still active?
can I do anything if the claim is stayed (get it struck out)?
any help welcome
thanks guys

[Millie311011]

Re: Reston and Cabot court claim

Update

the court has said restons/Cabot did not respond to my defence and the claim has been stayed.
should I apply to have it struck out?
What will happen if it's left stayed?

any help greatful

[nemesis45]

Re: Reston and Cabot court claim

Hello Millie,
When was the claim stayed exactly?

You can of course apply for strike out, first give Reston notice that you intend to apply within 7 days of the date on your letter.

nem

[Millie311011]

Re: Reston and Cabot court claim

Hi nem

the court stayed the case yesterday but said its dated back to the 21st February as they work about 10 days behind on post.

if I wanted to strike it out what would I need to do the court wouldn't tell me.

if I leave it stayed what will happen?

the debt is stature barred hence the non response by restons to my defence complete waste of court time I think.

many thanks for any help

[FlamingParrot]

Re: Reston and Cabot court claim

the court stayed the case yesterday but said its dated back to the 21st February as they work about 10 days behind on post.

if I wanted to strike it out what would I need to do the court wouldn't tell me.

You need to fill out an N244 and pay a £50 fee. You may want to start by notifying Restons of your intention to apply for a strike out and invite them to discontinue before you apply.

if I leave it stayed what will happen?

the debt is stature barred hence the non response by restons to my defence complete waste of court time I think.

many thanks for any help

They will have to apply to lift the stay if they wish to proceed with the case. If it's SBd, there's hardly any point unless they hope to obtain evidence to the contrary.

[Millie311011]

Re: Reston and Cabot court claim

Hi everyone

today I recived a letter from restons 3 months after they didn't reply to to the defence with the court!
they are complaining because they aske me to produce evidence the debt was sature barred back in January and are saying because I didn't give them the evidence they would like me to fill in the attached forms N9A within 14 days.
they say if I don't withdraw my defence they may look to strike out my defence and seek an order for legal costs associated on a contractual (indemnity) basis.
then alternatively if I wish to settle the matter amicably without further court intervention contact them with my proposals in 14 days.

what would people suggest here they never responded to the court defence the court stayed the action and they have never produced any evidence to me that the debt is not sature barred.
again surely I shouldn't have to give them evidence that must lie at their door?

any help would be great before I go insane

cheers

[Millie311011]

Re: Reston and Cabot court claim

Hi

another letter from restons arrived again asking me to withdraw my defence and fill in N9A form immediately.
they say if I don't by the 1st June they will apply to strike out my defence.

please if anyone can offer assistance on what I should do I'm going crazy with this now!!!

please help

[nemesis45]

Re: Reston and Cabot court claim

Dear Reston,

Claim No. xxxxxxxxxxxxxxxx

Sir/madam,

My defence to the above mentioned claim stands as stated the alleged debt is Statute Barred.

I remind Reston that the onus of providing unequivocal proof that the alleged debt is not statute
barred falls entirely upon its client.

I suggest that Reston now refers the matter back to its client advising the client to withdraw the claim.

signed for post check delivery.

nem