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Cabot Financial (UK) Limited V. GarlickFiend

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  • Cabot Financial (UK) Limited V. GarlickFiend

    Hi, I've followed the excellent advice I found on this site so far, now having had a reply from solicitors, I would welcome any advice on the next steps.

    Many thanks! :-)

    Cabot Financial (UK) Limited V. GarlickFiend

    Date of issue of claim:
    07.04.15

    Date of Service:
    12.04.15

    Response required by:

    Monday 11.05.15 @ 4pm.
    Particulars of Claim

    The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Next Retail dated on or about Nov 12 2004 and assigned to the Claimant on Feb 09 2015

    PARTICULARS a/c no ********

    DATE ITEM VALUE
    09/03/2015 Default Balance 1200.00
    Post Refrl Cr NIL

    TOTAL 1200.00


    Last time it was acknowledged with Cabot will either have been never, or November 2010 (I tried making arrangements with a lot of creditors at that time, I have records of the letters sent to all but Cabot, which doesn't mean I didn't send one, but I cannot be certain that I did either)

    I have sent off the CCA Basic Request for Original Copy of Agreement to Cabot Financial (UK) Limited, and sent the CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim) to the named solicitors Restons Solicitors Limited. I sent these off last week around the 20.04.15.

    Today (30.04.15) I received a letter from Restons Solicitors, dated Monday 27.04.15:

    Dear Sir

    Cabot Financial (UK) Limited V. Mr GarlickFiend

    Please find enclosed a draft letter which purports to come from you but which is unsigned.

    You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

    Please ensure that all documentation is signed failing which we will not acknowledge nor provide any response.

    Yours faithfully,

    ***************
    pp Restons Solicitors Limited
    Tags: None

  • #2
    Re: Cabot Financial (UK) Limited V. GarlickFiend

    Hi,
    could anyone help me with this at all please? I have to file my defence in less than a week and I really don't know what to do as my next step after this letter.

    Many thanks in advance

    GarlickFiend

    Comment


    • #3
      Re: Cabot Financial (UK) Limited V. GarlickFiend

      I was under the impression that I didn't have to sign letters from reading some threads here, so really could do with some advice,

      Many thanks, GarlickFiend

      Comment


      • #4
        Re: Cabot Financial (UK) Limited V. GarlickFiend

        There's no reason not to sign it either ... you couuld always use an anti tamper strip such as the one here tho'
        Attached Files
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Cabot Financial (UK) Limited V. GarlickFiend

          Hi Kati,

          So do I just stick that in a word doc and then sign on top of that?

          Cheers,

          GF

          Comment


          • #6
            Re: Cabot Financial (UK) Limited V. GarlickFiend

            :nod: yep
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Cabot Financial (UK) Limited V. GarlickFiend

              Cool, thanks. I shall sign and resend :-)

              Comment


              • #8
                Re: Cabot Financial (UK) Limited V. GarlickFiend

                Signed the antitamper part and resent the CPR request letter to Restions today. As (I guess) their re[ply will not arrive before I am meant to file my defence on Monday 11th May, what should I put in my defence form? Should I just say that I am awaiting documents from Cabot/ Restons?

                GF :-)

                Comment


                • #9
                  Re: Cabot Financial (UK) Limited V. GarlickFiend

                  [MENTION=55034]nemesis45[/MENTION] will be able to answer this for you
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: Cabot Financial (UK) Limited V. GarlickFiend

                    Originally posted by GarlickFiend View Post
                    Signed the antitamper part and resent the CPR request letter to Restions today. As (I guess) their re[ply will not arrive before I am meant to file my defence on Monday 11th May, what should I put in my defence form? Should I just say that I am awaiting documents from Cabot/ Restons?

                    GF :-)

                    Do not be surprised if Reston, suddenly write declining to comply with CPR31.14 request " because the claim is likely to be allocated to the Small Claims Track" which is currently the " industry" standard response. However the Rule applies Until the allocation to track.
                    7 days is not a statutory time scale but an " expected " one.

                    More important is the CCA request which if not complied with inside the 12 + 2 Working Days Statutory Time Scale renders the debt unenforceable until the agreement is provided.

                    Your defence should show that.

                    1. a CPR 31.14 Request was sent to..........................on..............:
                    2. a CCA Request under sections 77/78 of CCA 1974 was sent to the claimant on.........
                    3. To date there has been no response to either request.

                    nem

                    Comment


                    • #11
                      Re: Cabot Financial (UK) Limited V. GarlickFiend

                      thanks nem x
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Cabot Financial (UK) Limited V. GarlickFiend

                        That is awesome, thank you very much!

                        I will wait and see what, if any response I get from Restons, and update this thread ahead of filing my defence on Monday.

                        Thanks again, this has been a big help. I had got myself too optimistic dealing with another, more helpful solicitors and Restons knocked the wind out of me a little.

                        GarlickFiend
                        :-)

                        Comment


                        • #13
                          Re: Cabot Financial (UK) Limited V. GarlickFiend

                          Originally posted by GarlickFiend View Post
                          That is awesome, thank you very much!

                          I will wait and see what, if any response I get from Restons, and update this thread ahead of filing my defence on Monday.

                          Thanks again, this has been a big help. I had got myself too optimistic dealing with another, more helpful solicitors and Restons knocked the wind out of me a little.

                          GarlickFiend
                          :-)
                          Keep us posted GF, we are here to be called on!!

                          nem

                          Comment


                          • #14
                            Re: Cabot Financial (UK) Limited V. GarlickFiend

                            Morning!

                            I have just received the following reply from Restons Solicitors:

                            Dear Sir

                            Re: Cabot Financial (UK) Limited . Yourself
                            Account Number ********


                            We acknowledge receipt of your recent request made pursuant to CPR 31.14.

                            We would point out that the Claim was issued via the County Court Business Centre which is a procedure specifically provided for in the CPR. This procedure only allows a Claimant to inssert brief details of the Claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states "The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction."

                            We would also remind you that CPR 31.14 states: -

                            "A party may inspect a document mentioned in -

                            (a) a statement of case;
                            (b) a witness statement;
                            (c) a witness summary; or
                            (d) an affidavit"

                            You would have been provided with a copy of the contractual Terms and Conditions at the time the account was opened and hence we see no reason why you now require an additional copy.

                            Furthermore, the other documents you have requested are not "mentioned" in the Particulars of Claim and therefore CPR 31.14(1) does not apply.

                            Although your letter states that you require the requested documents in order to file a Defence / Counterclaim, we would point out that the Particulars of Claim contains sufficient information in order for you to understand what the Claim relates to, namely:

                            a) the date the account was opened;
                            b) the account number;
                            c) the outstanding balance;
                            d) the name of the original creditor; and
                            e) the fact that the account has been assigned to the Claimant and when it was assigned.

                            We trust this clarifies matters.

                            Yours faithfully,


                            ***********, Litigation Executive
                            pp Restons Solicitors Limited

                            I have to file on Monday afternoon, and this reads like they're stalling and hoping to baffle me with lawyerspeak.

                            Comment


                            • #15
                              Re: Cabot Financial (UK) Limited V. GarlickFiend

                              Oh, and it was dated Thursday May 07, 2015^^^

                              Comment

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