Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

[baufang]

Hi,

First of all, thank you for this site, you are all a God Send.

I have an old £3k debt which was never resolved, involved in a messy divorce, depression and simply ignored in 2009. I moved out in 2010 but patched up with my Ex for the kids sake in 2011. During that time I was in and out of work. Simply put there were days I just didn't not want to get up. This CC Debt relates to that period. I see my kids on days off/weekends and live in another town 20 miles away. Neither Cabot/Restons have my present address, I have filed defence under the same 2009 address where my Ex lives.

OK here is the timeline:

02 March 2015 Issue date
07 March 2015 Plus five Days - Service date (12 March 2015)
11 March 2015 Acknowledge + Defence Filed - MCOL
12 March 2015 RESTONS CPR31 sent + cc Lowell CCA
12 March 2015 CABOT Financial CCA sent plus £1 postal order (RM Recorded)
12 March 2015 Citibank SAR sent plus £10 postal order (RM Recorded)
21 March 2015 Plus 14 Days - Deadline
24 March 2015 Restons Reply to Defence
04 April 2015 Plus 28 Days - defence deadline
02 April 2015 Recorded Delivery - RESTONS CPR31 sent + cc Cabot CCA
02 April 2015 Recorded Delivery - CABOT Financial CCA sent plus £1 postal order
10 April 2015 Restons Want My Signature to identify or will not reply
11 April 2015 RESTONS Reply - I will not be supplying my signature and other private information to you.
11 April 2015 RESTONS - CPR 31.14 SECOND Request Sent
21 April 2015 40 Day Deadline for SAR - Not Received
26 August 2015 Approx 180 days after - Restons Send Information - Reconstituted Copy (General Terms) My Name/Address No Signature "excluded" + Credit Card Statement Copies from March 2009 - October 2010 Ending Balance is £3033.18
05 September 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted.
06 November 2015 Restons letter asking to withdraw and complete Form 9A
11 December 2015 Restons send copy of Application Notice + Supporting evidence (statement of truth, Claim they have my telephone details but no number provided in evidence, Same paperwork as 26th August, but exhibits are credit card statement copies, my letter send and
18 December 2015 Spoken to Court - Claim is Stayed (allotted time passed) waiting on Claimant. Restons now has to formal request to district judge to get stay lifted
16 January 2016 Receive Court General Direction Order to 1) lift the stay under CPR 23.8c 2) Strike out Defence on CPR 3.4(2) no reasonable grounds/abuse of court 3) Judgement £3,976.94.

I NOW HAVE SEVEN DAYS to APPLY N244 - In desperate need of help ASAP please

Q: What are the chance of this stay being lifted based on the time take and evidence Restons have?

Q: I'm on low income and can prove it, I don't claim benefits but provide for my kids as much as I can. Even my Ex can't complain about that. If Restons get judgement, do they accept monthly payments?

Q: Is this statute-barred


UPDATE: Thanks Beagles. Attached is the reconstitued CA Restons sent August, with their letter, there is not signature but I am now assuming that is OK with current legislation. Any help appreciated.

UPDATE: Added the Court - General Direction Order to Lift Stay as well. Any help appreciated.

UPDATE: Check my Credit File - The CABOT default date is 30/10/2009 - 6+ Years, this make any difference? FOUND OUT IT DOES NOT - Claim ISSUE DATE Is Important

UPDATE 23rd Jan - Apparently CCJ was issued without hearing?? Attached

[MIKE770]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

[MENTION=1937]nemisis[/MENTION]45

[baufang]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

Hi Guys, any help please amythyst, flaming, Mike, nem??

[Amethyst]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

Afternoon Just having a read xxx

[MIKE770]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

see Ame is on it for you

[Amethyst]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

16 January 2016 Receive Court General Direction Order to 1) lift the stay under CPR 23.8c 2) Strike out Defence on CPR 3.4(2) no reasonable grounds/abuse of court 3) Judgement £3,976.94.

cheeky little gits, it is they who abuse the court process by bringing claims without having ever had sight of the necessary evidence.

Q: What are the chance of this stay being lifted based on the time take and evidence Restons have?

without you defending their application probably quite high

Restons Send Information - Reconstituted Copy (General Terms) My Name/Address No Signature "excluded" + Credit Card Statement Copies from March 2009 - October 2010 Ending Balance is £3033.18

Any chance you can upload a copy of the agreement pls.

Q: Is this statute-barred

When did you last make payment/acknowledge the debt before the court claim was initially brought? If statements are up to Oct 201 it is unlikely.

Q: I'm on low income and can prove it, I don't claim benefits but provide for my kids as much as I can. Even my Ex can't complain about that. If Restons get judgement, do they accept monthly payments?

Yes you can ask the court to order installment payments based on your income and expenditure.

I NOW HAVE SEVEN DAYS to APPLY N244 - In desperate need of help ASAP please

Have the court said to send a N244 - I think you can just send a witness statement opposing their summary judgment application.

[baufang]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

[QUOTE=Amethyst;611510]cheeky little gits, it is they who abuse the court process by bringing claims without having ever had sight of the necessary evidence.


without you defending their application probably quite high So I take it I fill an N244, I am going to call Northampton tomorrow anyway to get more info


Any chance you can upload a copy of the agreement pls Yes, I'll do it now.. its only couple pages.. majority is just statements. No payment has ever been made.



When did you last make payment/acknowledge the debt before the court claim was initially brought? If statements are up to Oct 201 it is unlikel Payments never made, never acknowledges until Court Claim.



Yes you can ask the court to order installment payments based on your income and expenditure. Thanks I take it that is the attached order of earning after judgement ??




Have the court said to send a N244 - I think you can just send a witness statement opposing their summary judgment application.[/QUOTE Ahh!! didn't know about that, I was reading through the forums
MASSIVE THANKS

- - - Updated - - -

Guys, how come I cant click on Thanks for this post?

[baufang]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

Just called Northampton CCBC - turns out I need to fill N244 to ask judge to set aside for a hearing. My main concern is Restons will have my signature which they have been asking for!. So I spoke to the kind lady; been instructed to send 3 Copies (one will be unsigned) and fill out n244 q 1,2,3,10,11. Payment is £155 which I can partly claim back with my financial circumstances

Amethyst, Nemsis45 did you get a chance to look at the CA PDF I have uploaded

Cheers

[nemesis45]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

Just called Northampton CCBC - turns out I need to fill N244 to ask judge to set aside for a hearing. My main concern is Restons will have my signature which they have been asking for!. So I spoke to the kind lady; been instructed to send 3 Copies (one will be unsigned) and fill out n244 q 1,2,3,10,11. Payment is £155 which I can partly claim back with my financial circumstances

Amethyst, Nemsis45 did you get a chance to look at the CA PDF I have uploaded

Cheers

Ok so the stay is lifted and the defence struck out.

The Restons is a template they use when supplying a reconstituted agreement, such documents
need careful examination before accepting them as compliant with CCA 1974 or having merit
in court.

The likely hood of Restons " lifting " a signature is remote in the extreme, this is an urban myth
.

nem

[baufang]

Re: Cabot Financial Restons Solicitors - Old CC Debt - Asking to Lift Stay! HELP

CCJ was Issued on Jan 13th same time as the other order. What have I missed??
Can't believe there was no hearing based on half a CA and old statements?

Any advice on my next steps, I clearly can't afford to pay the whole amount?