Court Claim - Cabot / Capital One - 22-12-2015

[pt2537]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Hi all again

Okay I received what appears to be very bad news yesterday.

Restons have written to me with a copy of an Application Notice and supporting evidence that was filed to the court on Tuesday. Amongst all the evidence is the actual agreement I signed, with the correct address etc so it appears to be the CCA I requested way back when. It is completely different to what they sent me previously which was just a photocopy.

They have requested the court lifts the stay and serves an order on me.

I can post up the full application if necessary but it seems to me that I now need to do something to sort this out?

Please help!

Hi there

If you can post it up with personal details removed then we can let you have our thoughts.

Cheeers

[Diana M]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Amongst all the evidence is the actual agreement I signed, with the correct address etc so it appears to be the CCA

What was the other evidence sent by Restons?

Was there a Default Notice for example or a Notice of Assignment?

They'll need more than a credit agreement to win their case in court.

Di

[taff]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Here is a link to the PDF containing everything up to the Ts&Cs with the first page included. http://docdro.id/Iub0x84

After that there is a huge pile of documentation which is seemingly everthing that has been sent to me by Cabot and Restons. It also includes my correspondence back to them. If there are any letters missing, I wouldn't be able to confidently say they were.

[taff]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Sorry just bumping to see if anyone has any thoughts?

[warwick65]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Hi
Soit seems that Reston are doing it again, asking for your defence to be struck out without a hearing. I am sure you can challenge this but I am not sure they way to do it [MENTION=6]Amethyst[/MENTION]. @ Diana M can you help here

I would need to read back and see what you used as your defence
Back in a bit

[warwick65]

Re: Court Claim - Cabot / Capital One - 22-12-2015

Have you been ordered to file a witness statement for the above hearing?

It seems to me you missed out some really relevant stuff from your defence such as
Proof of assignment
Proof a compliant DN was sent


With the agreement that has been sent to you, were there two sets of terms and conditions, I am thinking in particular with the default penalties changing from £20 to £12