Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION]

Appreciate you are busy, have you had a chance to look at the letter.

Many thanks,

Sandyhaven

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi @nemesis45

Appreciate you are busy, have you had a chance to look at the letter.

Many thanks,

Sandyhaven

Hello Sandy sorry for the delay I too have been called away and am trying to catch up.

Writing now.

nem

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

OK Sandy,

Private & Confidential
For the Personal Attention of
Nigel Petrie Coe
Principal Restons Solicitors.


Date

Ref: CC Claim No...........................................:

Your Letter dated.............................................

Dear Mr Petrie Coe,

I refer to the above mention claim and subsequent letter and will address the points that I feel are relevant.

1. I am fully aware that documents are not attached to money claims issued NCCBC.

2. My request for inspection of documents under the provisions of Civil Procedure Rule 31.4 is made before the claim is allocated to a track and remains valid.
I am sure you are aware that what documents may or may not have been provided by any party in the past is not relevant in this situation as I am requesting specifically only the documents that your client is intending to rely on in court, If as it seems your client is not in possession of these documents no claim should have been started at all.

3.As to your assertion that no " valid " Request for a copy of the agreement relevant to the claim I am aware that Cabot and Restons are making this denial so regularly that it amounts to a template letter.

4. I can assure you that a " valid" CCA request including the statutory fee (postal order) was sent to and signed for by your client and I attach here with a copy of the Royal Mail documents for your information.

5. Now that I have provided proof that a Valid CCA Request the statutory fee was sent and has not been complied with rendering the alleged debt unenforceable I suggest you refer to your client and advise them to discontinue this claim.

6. I am so concerned in regard to the conduct of Restons and it's client in the matter that I am preparing a report together with copies of all the correspondence for the FCA and of course if your client decides to continue the claim the conduct of Restons and its client will be brought to the attention of the court.

This letter is sent by signed for post and it will be tracked.
Ok Sandy amend or delete as you wish.

nem

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Your an Angel, thank you ever so much.

Sandyhaven

[mystery1]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

31.14

M1

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=5354]mystery1[/MENTION]

What does the 31.14 and the M1 mean please.

Many thanks,

Sandyhaven

[mystery1]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

The letter says 31.4 but it should say 31.14.

https://www.justice.gov.uk/courts/pr...l/rules/part31 should show you why.

M1

[charitynjw]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

If requesting copies of documents, is that not CPR 31.15(c)?

[mystery1]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

If requesting copies of documents, is that not CPR 31.15(c)?

Technically, yes but it'll make little difference as the whole matter is 31.14/15 so anyone should understand what is being said whereas 31.4 is a whole other thing all be it that it was just a typo.

M1

[andy44uk]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Sorry for not replying sooner thought you might like an update can confirm that after I sent all the documents to Restons they went quiet and the case at court is stayed.
I have today received a letter from PRA group advising of the original amount of £734.41 reduced to £359.46 but I can also make a full and final payment of £71.89 goes on to contact them so we can come to an agreement
I have decided I will file this with the other documents and just ignore responding to it

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Sorry for the typo, Edit facility is not working again.

nem

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=5354]mystery1[/MENTION]

Bit of advice please, was called away with my work couldn't send nems letter as above, missed Restons 14 days

Back Thursday last week, called court and case has been stayed - question, should I still send letter and copies of what was sent to Cabot as per Restons request, as in letter they say they will write to court to strike out defence (as above) if not received, or should I just leave well alone.

Thank you in advance,

Sandyhaven

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi @nemesis45 @charitynjw @mystery1

Bit of advice please, was called away with my work couldn't send nems letter as above, missed Restons 14 days

Back Thursday last week, called court and case has been stayed - question, should I still send letter and copies of what was sent to Cabot as per Restons request, as in letter they say they will write to court to strike out defence (as above) if not received, or should I just leave well alone.

Thank you in advance,

Sandyhaven

Hello Sandy,

So despite all their bluster Restons / Cabot haven't been able to respond personally I would still send the letter, keep then aware that you are still actively defending the claim.

nem

[Sandyhaven]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

Hi [MENTION=55034]nemesis45[/MENTION]

Thank you for your help on this matter.

Out of curiosity and with your experience what is the next move likely to be?

Kindest Regards,

Sandyhaven

[nemesis45]

Re: Court Claim - Cabot Financial (UK) Ltd / Capital One - 22-12-2015

[QUOTE=Sandyhaven;629622]Hi @nemesis45

Thank you for your help on this matter.

Out of curiosity and with your experience what is the next move likely to be?

Kindest Regards,

Sandyhaven[/QUOTE

With the claim stayed by the court because the claimant has not responded the way forward for you.

Write to the solicitors stating that you intend to apply to the court for the claim to be struck and will seek the cost of the application from their client
and suggest that in the interest of saving costs and court time that the advise their client to discontinue the claim.

Otherwise the claim will stand stayed indefinitely unless the claimant pays the fee to lift the claim in the event that they
find the agreement or a compliant reconstituted one is produced.

nem