URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Finance

[alpha2k15]

Hi Guys,

I hope you can help me with an urgent defence I need to file.

I have received a county court claim from Restons Solictors on behalf of Cabot Finance for a current account balance, which they state I owe to Lloyds TSB. The date of claim is 26/10/2015. I have sent my acknowledgment of service on 13/11/2015. I now have until 30/11/2015 to send in my defence by 4pm latest to the courts.

The particulars of claim state:

The claimant claims payment of overdue balance due from the defendants under a contract between the defendant and Lloyds TSB dated on or about aug 13 2007 and assigned to the claimant on Jul 17 2013.

Particulars a/c no : xxxxxxxxxx

Date Item Value
01/10/2015 Defauilt Balance £516.39
Post Refrl CR NIL

Total balance claimed = £646.39

Default date on credit file: 24/05/2013

I done some research on the forum here and it looks like i didn't do what other people in my situation have done, i.e request for CPR/CCA, in the 14 days I had to file my defence.

What should I do at this point please?

I am willing to accept to pay the balance of 516.39 but not the legal fees. I also can't afford to pay this as one off payment but don't want a payment plan to affect my Credit File ( i.e. file a CCJ against me). Of course, if there any ways of writing this debt off, that would be great too.

I have spoken to Restons asking on what grounds they were claiming and they confirmed to me that they do not hold any other information other than what is stated on the claim form.

Any help would be greatly appreciated!

Thanks

[nemesis45]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Hi Guys,

I hope you can help me with an urgent defence I need to file.

I have received a county court claim from Restons Solictors on behalf of Cabot Finance for a current account balance, which they state I owe to Lloyds TSB. The date of claim is 26/10/2015. I have sent my acknowledgment of service on 13/11/2015. I now have until 30/11/2015 to send in my defence by 4pm latest to the courts.

The particulars of claim state:

The claimant claims payment of overdue balance due from the defendants under a contract between the defendant and Lloyds TSB dated on or about aug 13 2007 and assigned to the claimant on Jul 17 2013.

Particulars a/c no : xxxxxxxxxx

Date Item Value
01/10/2015 Defauilt Balance £516.39
Post Refrl CR NIL

Total balance claimed = £646.39

Default date on credit file: 24/05/2013

I done some research on the forum here and it looks like i didn't do what other people in my situation have done, i.e request for CPR/CCA, in the 14 days I had to file my defence.

What should I do at this point please?

I am willing to accept to pay the balance of 516.39 but not the legal fees. I also can't afford to pay this as one off payment but don't want a payment plan to affect my Credit File ( i.e. file a CCJ against me). Of course, if there any ways of writing this debt off, that would be great too.

I have spoken to Restons asking on what grounds they were claiming and they confirmed to me that they do not hold any other information other than what is stated on the claim form.

Any help would be greatly appreciated!

Thanks

Hi welcome to LB,

Please be clear on one point debts don't get written Off except in very
exceptional circumstances.

There is no regulated consumer credit agreement for a current account.
Cabot Financial now owns this debt Lloyds has no further interest.
CPR 31.14 has a 7 day timescale and will most likely be declined by the
solicitors on the grounds that the claim will be allocated to the small.

With so little time now there are some limited options:
1. Telephone Restons and ask if they are willing to give
you a 14 day extension to file a defence .

2. Contact Restons and make your offer of payment, they may
accept on condition that the payments are secured by a " Consent / Tomlin " order,

which is an agreement between the parties on payments to be made to clear the debt.
The terms of the agreement are set down in the order which is signed by both parties
and sealed by the court.

As long as the agreement is maintained no CCJ is recorded default on the agreement the
claimant can apply for summary judgement. The agreement will include the court cost.
I presume there is nothing on with which this can realistically be defended.
claims track.

3. An approach to the claimant/solicitors offering a full and final settlement if they withdraw
the claim.

nem

[alpha2k15]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Hi Nem,

Many thanks for your advice. I will try the suggestions and let you know the feedback I get from Restons.

Many thanks,

[nemesis45]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Hi Nem,

Many thanks for your advice. I will try the suggestions and let you know the feedback I get from Restons.

Many thanks,

Worth a try with the weekend on us as Reston would go straight for summary judgement.

nem

[alpha2k15]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Hi,

I just spoke to Restons, and they refused both 1. Telephone Restons and ask if they are willing to give
you a 14 day extension to file a defence .

2. Contact Restons and make your offer of payment, they may
accept on condition that the payments are secured by a " Consent / Tomlin " order,

I did ask if they can confirm this via email and they kept asking why i would need that information. i also asked if i write an email whether they would respond to that and again they said they are not obliged to give me a reply. i said i need proof for our conversation now, and they also refused to give me a copy of the phone recording

They did however accept a full payment by Nov 30. Of course i am not in position to pay that right now, and told them that it will lead to me further debt than what I have right now. They said a Tomlin order would not be of their clients best interest.

Any advice on next steps please?

Thanks,

- - - Updated - - -

I also asked for proof of postage for any letters they have sent out to me, and they refused that as well.

[alpha2k15]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

I am writing an email to Restons and was wondering if this would be ok. I need some kind of proof that i tried to settle this out of court.

To whom it may concern,

I am writing in relation to your claim through the County Court for your client Cabot Finance UK (ltd), in regards to Claim number (xxx).


I have contacted your department earlier today in relation to this claim and below is a summary of our discussion:


1) You have refused to provide me with an additional 14 days extension in order for me to file my defence.


2) You have refused to accept my agreement of a payment proposal on the conditions of securing the payment via a Consent/ Tomlin Order, as you say this would not be in your clients best interest to do so.


3) I have also requested the possibility of providing a full and final settlement, on the basis that you will withdraw the claim, which you have also refused, but say you can accept the payment prior to November 30th 2015, which unfortunately is not possible for me.


4) You have mentioned to me that you have sent me communication prior to taking legal proceedings, but this was not received by me and you have stated that you are not obliged to provide me with a proof of postage in relation to that communication. I request a copy of that letter to be sent to me within the next 5 working days please, via recorded delivery to ensure receipt of post.


Can you please confirm receipt of this email and your comments to the above mentioned summary, in return email, before 12 noon on November 30th 2015.

----------

Thanks a lot.

[nemesis45]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

I am writing an email to Restons and was wondering if this would be ok. I need some kind of proof that i tried to settle this out of court.

To whom it may concern,

I am writing in relation to your claim through the County Court for your client Cabot Finance UK (ltd), in regards to Claim number (xxx).


I have contacted your department earlier today in relation to this claim and below is a summary of our discussion:


1) You have refused to provide me with an additional 14 days extension in order for me to file my defence.


2) You have refused to accept my agreement of a payment proposal on the conditions of securing the payment via a Consent/ Tomlin Order, as you say this would not be in your clients best interest to do so.


3) I have also requested the possibility of providing a full and final settlement, on the basis that you will withdraw the claim, which you have also refused, but say you can accept the payment prior to November 30th 2015, which unfortunately is not possible for me.


4) You have mentioned to me that you have sent me communication prior to taking legal proceedings, but this was not received by me and you have stated that you are not obliged to provide me with a proof of postage in relation to that communication. I request a copy of that letter to be sent to me within the next 5 working days please, via recorded delivery to ensure receipt of post.


Can you please confirm receipt of this email and your comments to the above mentioned summary, in return email, before 12 noon on November 30th 2015.

----------

Thanks a lot.

Yes that's fine! Keep hard copies of all communications.

nem

[sloane82]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Have you contacted the FOS Financial Ombudsman Service about this they will look into your overdraft charges contact Cabot and Restons and say by law you are only obliged to pay £1 due to financial hardship the FOS will look into your case first of all write a letter to lloyds and get an SAR Subject Acess Request. This will blow Cabot and Restons out of the water after this is all sorted contact Cabot and Restons and mention of the financial hardship and undue pressure and the phone calls that you have made to a refund of all charges to yourself.

[Amethyst]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Have you contacted the FOS Financial Ombudsman Service about this they will look into your overdraft charges contact Cabot and Restons and say by law you are only obliged to pay £1 due to financial hardship the FOS will look into your case first of all write a letter to lloyds and get an SAR Subject Acess Request. This will blow Cabot and Restons out of the water after this is all sorted contact Cabot and Restons and mention of the financial hardship and undue pressure and the phone calls that you have made to a refund of all charges to yourself.

The case is in court, the FOS have nothing to do with it, there is no law that you would be obliged to pay £1 due to financial hardship whatsoever. Sorry Sloane but you really need to actually read a thread and ensure you understand ths issues before continually posting about going to the Financial Ombudsman, in a majority of cases on here, particularly those with court claims, are just not appropriate for the FOS.

[sloane82]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Oh right yeah sorry to hear that i hope you win the case.

[alpha2k15]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Yes that's fine! Keep hard copies of all communications.

nem

Thanks Nem.

Quick question : what should i write in my defence ? Can i mention I have asked for the above and they didn't agree?

And that I tried solve it out of court but they would accept any of my proposals ? or should I say i accept liability and am willing to pay in monthly payments, subject it to not being declared as a CCJ ?

Many thanks

- - - Updated - - -

thank you

[sloane82]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Get yourself a good solicitor speak to Howlett Clarkes or any good Solicitors firms. Which Solicitors have the defendants have got?. also what have you wrote on your particulars of claim have you mentioned about the unfair terms of consumer contract regulations 1999. Breach of contract all the moneys that lloyds owe yourself etc

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Also when are the charges from?.

[sloane82]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Also if it is after 6 Yrs the Charges will be statute barred so lloyds cannot claim anything.

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And you are not liable for anything all this over £500-£600?. Bit odd to be honest. Was the account a packaged account?.

[alpha2k15]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

Get yourself a good solicitor speak to Howlett Clarkes or any good Solicitors firms. Which Solicitors have the defendants have got?. also what have you wrote on your particulars of claim have you mentioned about the unfair terms of consumer contract regulations 1999. Breach of contract all the moneys that lloyds owe yourself etc

- - - Updated - - -

Also when are the charges from?.

The solicitors are Restons. no i haven't mentioned about the unfair terms of cc regulations 1999. i believe the charges are actually from an overdraft, and this was a student overdraft i had (i think if i remember correctly). not sure of any interest charges on this.

Thanks

[sloane82]

Re: URGENT HELP NEEDED PLEASE - Country Court Claim - Restons Solicitors / Cabot Fina

If it was a student account you dont pay any charges on the account. Plus this was 8 years ago the account is now Statute Barred dont pay anything LLoyds are to blame. Do you have any other accounts with them?.