restons/Cabot/ solicitor fees and charges

[VicW]

Help wanted ASAP please
6 months ago I received notification of a CCJ against me - it was the first I heard about it. I queried and was told it had been granted as I had not replied to correspondence - Hadn't had any correspondence about it. Applied to have it set aside on the grounds of being statute barred - judge agreed - Restons said couldn't be done as too much time had lapsed from issue of CCJ. I wrote to them asking for proof of the debts - seemed as though a credit card that I had no recollection of taking out in 2003. However they said I had made a payment in 2011. Again I had no recollection - I moved in 2009 and had no paperwork. When it went to court the judge said had to be another hearing as Restons couldn't provide any proof of the amount of the original debt or statements, or the payment. The hearing is on Monday. This week they have provided a screen shot showing credits to an account of £5 over several months (not payments), prior to this they said they had a witness statement about one payment in November 2011. Today I had a letter saying if it goes to another hearing the costs will increase to over £2K - this means that I will owe nearly £5K. I had no idea that I would be billed for their letters and proof. I rent my housing association home and although self-employed I dont take money from the business as in start-up and am on benefits - any suggestions on what I do now please - I don't want to be bullied into settling before the hearing on Monday, but worry that I will have a worse outcome by going to court. I have to send a skeleton outline of my case to the court tomorrow but with the new stuff from Restons not sure what to put nowm
Thanks for any help - Vic

[Stu]

Re: restons/Cabot/ solicitor fees and charges

there will be someone very soon to help you on this Vic but the way i see it from many of the treads on here that it is a scaremonger trick to get you to admit or pay the debt, You say £5 credits to the account then there will surely be a trail as of where they came from...! and dates, have they supplied you with this ? And a "witness statement" of a payment.. Sound hash to me but as stated you will get all the good advise coming from the LB's very soon

[R0b]

Re: restons/Cabot/ solicitor fees and charges

1.. First of all of you haven't done so already. Get a copy of your credit report and see whether his matches up and whether you in fact made a payment in 2011 - do reasons tell you who the creditor was?

2. Do you have the file handlers email address who's dealing with it from restons? If so, send them an email tonight saying along the lines confirming they have been instructed by Cabot UK financial ltd and if they are authorised to do so.

3. A defence can be drafted outlining your case but also part of that defence I have in mind is whether or not Restons confirm they have been instructed by Cabot UK.

As for legal costs they can't claim them in the small claims court so good luck with that. Before we can do anything else we need to confirm your credit report does or doesn't state a payment in '11.

Showing a screenshot of two payments is not conclusive of you making that, it could be anyone and could also have been fabricated to that effect. The fact they don't have an agreement on front of them which they are relying on is an important issue and should be raised to the court.

[nemesis45]

Re: restons/Cabot/ solicitor fees and charges

Hello Vic,
How long have you known you had to submit the Skelton Argument?
I'll try and draft something here and now.
Cabot - v- Your Name
your name of

Your address.

Make this skeleton argument as ordered by the court on date:

1. I have no recollection applying for receiving or using a Credit Card Facility in 2003 or subsequently.

2. I had no knowledge of any court claim being made against me in regard to the alleged debt until
I received notification from ........................ on date.

3. I have no knowledge of any payments being made in regard to the alleged debt in 2011 or subsequently.

3 (a) The " Screen shot (s) showing alleged payment (s) does not prove any such payment was made by me.

4. Restons Solicitors and its client Cabot has failed to provide unequivocal proof that any such debt exists.

5. No agreement be it a true copy or a reconstituted true copy has been disclosed.

6. No unequivocal proof that the alleged payments were made by me has been provided by the claimant.

7. It is my belief that the alleged debt given the dates quoted by Restons was statute barred when the claim was issued.

8. Based on the above I believe the judgement should be set aside.

Signed............................................ ... Date..................................:

Print Name.....................................:

Amend as you see fit! Best I can do on the data and time available.

Did the judge order you to send a copy to Restons?

You need att least 3 copies 1 for court,1 for Reston and 1 for you.

nem

[VicW]

Re: restons/Cabot/ solicitor fees and charges

Many thanks - skeleton argument has to be sent by email 24 hours before hearing - thought I had it all sorted in my head till they put spanner in the works with screen shot and additional fees if hearing goes ahead - its only going to 2nd hearing because they provided no proof at the first one and the court suggested they came back to a second hearing with it. Unfortunately I didn't get any papers from them or court saying there was a pending CCJ (post not good here and not sent recorded) only found out when got notification from court that CCJ had been issued. Don't think by the sound of it they ever submitted original credit agreement and I have asked lots of times for that and proof of payment and all they have done is delay tactics and added to the costs of their solicitor which they are now saying I owe as well. I will use this as a template - many thanks once again

[nemesis45]

Re: restons/Cabot/ solicitor fees and charges

Many thanks - skeleton argument has to be sent by email 24 hours before hearing - thought I had it all sorted in my head till they put spanner in the works with screen shot and additional fees if hearing goes ahead - its only going to 2nd hearing because they provided no proof at the first one and the court suggested they came back to a second hearing with it. Unfortunately I didn't get any papers from them or court saying there was a pending CCJ (post not good here and not sent recorded) only found out when got notification from court that CCJ had been issued. Don't think by the sound of it they ever submitted original credit agreement and I have asked lots of times for that and proof of payment and all they have done is delay tactics and added to the costs of their solicitor which they are now saying I owe as well. I will use this as a template - many thanks once again

I hope it's adequate with so little time to prepare and just the data provided today.

Good luck !!

nem

[R0b]

Re: restons/Cabot/ solicitor fees and charges

Here is my slightly amended version of Nemesis (hope you don't mind )

1. The Defendant denies ever having applied, received or used the credit card facility in question on or around 2003.

2. The Defendant had no knowledge or any claim made in relation to the alleged debt.

3. The Claimant is not authorised by the FCA to conduct any regulated activities and as such has committed a criminal offence.

3. [The particulars of claim do not provide for any cause of action and as such there are no reasonable grounds for bringing the claim]

4. The pleadings of the Claimant do not contain a sufficiently precise statement of facts upon which the Claimant relies.

5. The Defendant denies ever making any payments relating to the credit card facility in question.

6. Despite numerous requests, the Claimant has failed to provide the original or copy of the executed agreement.

7. The Claimant did not supply the Defendant with a Notice of Assignment pursuant to paragraph 6.2 CONC and the Claimant is therefore in breach of its obligations.

8. The "screenshot(s)" showing alleged payment(s) does not conclusively prove that any such payment was made by the Defendant.

9. It is the Defendant's belief that the alleged debt is statute barred.

10. In light of the above, the Defendant invites the court to strike out the claim.


I would still send an email as well confirming as it will help strengthen your case. Highlighted in red you can include/eclude but looking at the POC of late they are crap so I would include it anyway.

[nemesis45]

Re: restons/Cabot/ solicitor fees and charges

It's just a template with a few ideas for you to amend as you see fit!!

nem

- - - Updated - - -

Here is my slightly amended version of Nemesis (hope you don't mind )

1. The Defendant denies ever having applied, received or used the credit card facility in question on or around 2003.

2. The Defendant had no knowledge or any claim made in relation to the alleged debt.

3. The Claimant is not authorised by the FCA to conduct any regulated activities and as such has committed a criminal offence.

3. [The particulars of claim do not provide for any cause of action and as such there are no reasonable grounds for bringing the claim]

4. The pleadings of the Claimant do not contain a sufficiently precise statement of facts upon which the Claimant relies.

5. The Defendant denies ever making any payments relating to the credit card facility in question.

6. Despite numerous requests, the Claimant has failed to provide the original or copy of the executed agreement.

7. The Claimant did not supply the Defendant with a Notice of Assignment pursuant to paragraph 6.2 CONC and the Claimant is therefore in breach of its obligations.

8. The "screenshot(s)" showing alleged payment(s) does not conclusively prove that any such payment was made by the Defendant.

9. It is the Defendant's belief that the alleged debt is statute barred.

10. In light of the above, the Defendant invites the court to strike out the claim.


I would still send an email as well confirming as it will help strengthen your case. Highlighted in red you can include/eclude but looking at the POC of late they are crap so I would include it anyway.

Yes send the e-mail!

nem