cabot vs me...again!

[muk74r]

Re: cabot vs me...again!

What would I need to do to enable the extension saying that I'm asking the original creditor for the default date / last payment date ? Do I notify Restons or Cabot or the courts?

Thanks FP

[FlamingParrot]

Re: cabot vs me...again!

What would I need to do to enable the extension saying that I'm asking the original creditor for the default date / last payment date ? Do I notify Restons or Cabot or the courts?

Thanks FP

You'd need to ask Restons to agree to a 28 day extension which is the maximum allowed under CPR 15.5 in view of the fact they've not been able to supply you with any documents. If they agree, you'd need to notify the court in writing. All this can be done by email. :typing:

[muk74r]

Re: cabot vs me...again!

Excellent thank you, I will resend the CPR request they told me that wasn't signed and then ring them and ask them for the extension. Or should I just ring them and ask for the extension as they failed to supply me with documents and notify them I will be asking the original creditor for them and notifying the courts too

[FlamingParrot]

Re: cabot vs me...again!

Excellent thank you, I will resend the CPR request they told me that wasn't signed and then ring them and ask them for the extension. Or should I just ring them and ask for the extension as they failed to supply me with documents and notify them I will be asking the original creditor for them and notifying the courts too

Resend the letter otherwise they'll argue they don't have to comply because it wasn't signed. :blah: :blah: :blah: That way they'll have no argument. Once you send the letter you can ring them and ask them to agree to an extension, remember to quote CPR 15.5 so they'll see you know what you're talking about. However, they are under no obligation to agree. If they refuse, you'll just mention that fact along with their lack of compliance with your request for documents, in your defence. If they agree, you notify the court. If they refuse, there's nothing to notify and you just have to file a generic defence before your current deadline. I hope this all makes sense. ray:

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=37786]FlamingParrot[/MENTION] understood! I will be on it tomorrow! Night x

[muk74r]

Re: cabot vs me...again!

All signed and posted for sign on delivery....just out of curiosity, are they allowed to make me fill out a attachment of earnings without it being authorised by the courts? [MENTION=37786]FlamingParrot[/MENTION]

[FlamingParrot]

Re: cabot vs me...again!

All signed and posted for sign on delivery....just out of curiosity, are they allowed to make me fill out a attachment of earnings without it being authorised by the courts? @FlamingParrot

ABSOLUTELY NOT! :nono:

An attachment of earnings order can only be obtained once they've got a CCJ, and even then they'd have to go back to the court to apply for the AoE order. The courts usually only grant them when no payments are being made towards the CCJ. :juge:

[muk74r]

Re: cabot vs me...again!

[MENTION=37786]FlamingParrot[/MENTION] thanks for the clarification, I didn't think they were allowed to unless I failed to make payments etc. just wanted to be sure before I rang them, providing they sent me CCA/Documents supporting their claim, I would maybe offer them a F&F payment of 30% towards the due debt, only if it isn't stb

- - - Updated - - -

This is an after thought I was preparing myself for

[FlamingParrot]

Re: cabot vs me...again!

@FlamingParrot thanks for the clarification, I didn't think they were allowed to unless I failed to make payments etc. just wanted to be sure before I rang them,

It is recommended to always keep it all in writing, the only exception is when it comes to chasing up CPR requests from the solicitors dealing with the claim and asking for their agreement to an extension, when time is limited, however, anyy dealings with Cabot should be in writing.

providing they sent me CCA/Documents supporting their claim,

:flypig: :flypig: :flypig:

Not very likely at this stage. Cabot always reply with a generic template saying it'll take them 40 days to respond to your CCA request, they've also been discontinuing claims that are well into the process due to them not being able to get their hands on the paperwork. ray:

I would maybe offer them a F&F payment of 30% towards the due debt, only if it isn't stb

This is an after thought I was preparing myself for

Best left on the shelf for now. :ranger:

In the event a F&F offer was to be made, it would have to be properly put forward in writing, never, ever over the phone! I made that mistake once with a small debt with AK (now PRA Group), years ago I got one of them discount letters, I picked up the phone and used my debit card to make the required payment and the balance was meant to be written off. I then kept getting letters regularly, asking for the balance they were supposed to have written off. :mad2: :rant: It's SBd now but goes to show the need to get things in writing. :typing:

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=37786]FlamingParrot[/MENTION] for more of your wisdom, glad you told me this before I started ringing them etc, now I know the best angle to take this at! I will call them maybe Thursday and ask them if they will agree to an extension if they don't then I will file my defence on Friday being the 14days time limit - that is correct isn't it? I know I've been through this process once before but forgotten how it works lol!
Is it total of 28days from the date I received the CCJ? 4th September it was

[FlamingParrot]

Re: cabot vs me...again!

Thanks @FlamingParrot for more of your wisdom, glad you told me this before I started ringing them etc, now I know the best angle to take this at! I will call them maybe Thursday and ask them if they will agree to an extension if they don't then I will file my defence on Friday being the 14days time limit - that is correct isn't it? I know I've been through this process once before but forgotten how it works lol!
Is it total of 28days from the date I received the CCJ? 4th September it was

Without an extension, it's a total of 33 days from the date printed on the claim. And it's just a claim, not a CCJ, not yet, and we're not going to let it get to that stage. :nono:

[muk74r]

Re: cabot vs me...again!

Thanks [MENTION=37786]FlamingParrot[/MENTION] was beginning to get nervous and fire a defence in on Friday lol! Going to ring up Reston's in the afternoon and give them a verbal spanking

[muk74r]

Re: cabot vs me...again!

Hi [MENTION=45113]Flaming[/MENTION]Parot

well I waited for a response from Restons and quite typically they responded with nonsense (see attach)
Are they really allowed to that reply, of course if they actually don't have any more paper work that is fine, but they would be questioned if they present documents that could support me in the claim whilst telling me they have nothing. Or is this their way of trying to make me cave in and accept?

- - - Updated - - -

@FlaminParrot

- - - Updated - - -

@FlamingParrot sorry misspelled the first time!

- - - Updated - - -

oh lordy lord! having a mare! [MENTION=37786]FlamingParrot[/MENTION] now its to the correct person

[FlamingParrot]

Re: cabot vs me...again!

well I waited for a response from Restons and quite typically they responded with nonsense (see attach)
Are they really allowed to that reply, of course if they actually don't have any more paper work that is fine, but they would be questioned if they present documents that could support me in the claim whilst telling me they have nothing. Or is this their way of trying to make me cave in and accept?

oh lordy lord! having a mare! @FlamingParrot now its to the correct person

Afternoon

That's just one of their generic templates. They are right to say that there is no requirement to attach documents to the particulars of claim when the claim is issued electronically and they all take full advantage of that provision, :mad2: however, that doesn't mean they won't need to produce the paperwork later on. If the case progresses as far as a hearing, they will be required by the court to send you the documents at least 14 days prior to the hearing date. :juge:

Whilst the first paragraph of their letter does make legal sense, the rest does not. CPR 31.14 allows you to inspect a document mentioned in their statement of case, full stop. It doesn't say anything about T&Cs being provided when you opened the account, and how would Restons of all people know that was the case? That is, as you pointed out, nonsense.

Basically they are saying they do not have to respond to your request rather than admitting they haven't got the paperwork. I believe you say this debt is SBd, in that case the burden of proof would be on them to show it isn't and you can just submit a generic defence mentioning that fact along with them not having provided you with any documents and highlighting Cabot's non-compliance with your s.78 request. :thumb: You've still got a bit of time left though, you only got the claim a couple of weeks ago, didn't you?

[muk74r]

Re: cabot vs me...again!

Hi [MENTION=37786]FlamingParrot[/MENTION]

Yes I received the claim form and responded on the 4th September, I do believe I have maybe 2 weeks left ?

Yes I do believe it to be Sb'd, I checked my credit file nothing remains on my credit to originals and I haven't requested an SAR due to work commitments, I hardly have time to do much! But this isn't an excuse lol! Guess it's still up to them to prove otherwise

I understood that they didn't have to attach anything as far as making the initial claim because of course it is the start of a claim but then to deliberately chat garbage is pretty much the fashion nowadays!

Thanks for reply!