cabot/restons old court claim advice needed please

[flicky1314]

hi guys could you give me some advice please as to what to do next. This is a bit long winded so ill try my best to keep it short.

Court claim received 24/12/14 regarding a shapley figures catalogue for the sum of 1766.90 including fees.
I don't remember this catalogue but was opened april 07.

Cca request sent but nothing back.

12/1/15 received a letter from cabot stating they would get back to me in 40 days
I then sent off my defence.
11/2/15 I received a we cannot find ur cca so ur agreement is currently unenforceable.
then nothing until may 2015 from restons saying account still on hold pending your cca request.
then nothng again until august when restons sends me a list of transactions confirming a payment on account 30 may 2009
the transaction list is just that a list photocopied no name and address or anything plus lots of items on there are duplicated plus for payment it just says standinging order
how do I know that's my account???
then today I have received another letter from restons basically saying that reviewing my account they see I haven't withdrawn my defence, nor has a payment arrangement been made. and would like payment within 30 days or possibility of a settlement without the need for this litigation to continue.


basically guys what do I do now do I ignore it or do I write back ive heard nothing back from the court as its over a year old also this default has now dropped off my credit file I don't know if that makes a difference.:tinysmile_cry_t:

[nemesis45]

Re: cabot/restons old court claim advice needed please

hi guys could you give me some advice please as to what to do next. This is a bit long winded so ill try my best to keep it short.

Court claim received 24/12/14 regarding a shapley figures catalogue for the sum of 1766.90 including fees.
I don't remember this catalogue but was opened april 07.

Cca request sent but nothing back.

12/1/15 received a letter from cabot stating they would get back to me in 40 days
I then sent off my defence.
11/2/15 I received a we cannot find ur cca so ur agreement is currently unenforceable.
then nothing until may 2015 from restons saying account still on hold pending your cca request.
then nothng again until august when restons sends me a list of transactions confirming a payment on account 30 may 2009
the transaction list is just that a list photocopied no name and address or anything plus lots of items on there are duplicated plus for payment it just says standinging order
how do I know that's my account???
then today I have received another letter from restons basically saying that reviewing my account they see I haven't withdrawn my defence, nor has a payment arrangement been made. and would like payment within 30 days or possibility of a settlement without the need for this litigation to continue.


basically guys what do I do now do I ignore it or do I write back ive heard nothing back from the court as its over a year old also this default has now dropped off my credit file I don't know if that makes a difference.:tinysmile_cry_t:

Hello Flicky,

Statements are Not a credit agreement?
So it seems Restons are pulling a fast one again.

Here's a suggestion for a reply.

Ref: use those on their letter.

Sir/ Madam,

I am in receipt of your letter dated.........................., and the enclosed " statements ".

I am unable to accept that these statements refer to the alleged debt which is the subject of this claim and they are therefore refuted.

I also note that your client Cabot and or Restons feel I should withdraw my defence and make payments in regard to an alleged debt
when no liability has been proved.

As I am sure you are aware unidentifiable statement for an unidentified account do not fulfil my CCA request made on...........................:

The alleged debt remains unenforceable and I now suggest that Restons advises it's client to discontinue this claim.

A report regarding the conduct of both Cabot and Restons in this matter if being forwarded to the FCA.

Yours etc.

If you use this send by signed for post.

nem

[flicky1314]

Re: cabot/restons old court claim advice needed please

Aww thanks nem as always. I'll get it done today. Do u think it would be a good idea to ring the court and get it struck out now as its been over a year. Or shall I just leave it. Thanks for your help as always nem xxx

[nemesis45]

Re: cabot/restons old court claim advice needed please

Aww thanks nem as always. I'll get it done today. Do u think it would be a good idea to ring the court and get it struck out now as its been over a year. Or shall I just leave it. Thanks for your help as always nem xxx

Hi Flicky,
Sorry to say you can't just ring the court and get a claim struck out, this would need a formal application plus court fee.
Let's see what Reston. Carboot come up with if it's the same old Cr*p again then you can tell them you will apply for strike
out and look to Cabot to meet the costs.

nem

[flicky1314]

Re: cabot/restons old court claim advice needed please

Ok nem wasn't too sure how you do it. Well I'll post this off this afternoon and see what I get back. Thanks again Hun xx

[flicky1314]

Re: cabot/restons old court claim advice needed please

[MENTION=29921]nemesis[/MENTION] received a letter from restons today it says:

Dear Madam
We refer to the above matter and acknowledge receipt of your letter dated 27 January 2016 (ITS TAKEN THEM 3 WEEKS TO REPLY )

We do not understand why you do not accept the "list of transactions". it states the account number which correlates with the account number which is the subject of this claim.
we confirm the account is still on hold pending compliance with your Consumer Credit Act 1974 request. Failing to comply with your request within the relevant time period only renders the account unenforceable until it can be complied with. As such, once the documents have been provided to you, these prceedings will continue. Our letter of 25 January 2016 simply invited you to put forward repayment proposals, should you be interested.
We are still awaiting further documents from our client.
yours faithfully blah blah



what should I write back or do I just ignore it until the can come back with something.

[flicky1314]

Re: cabot/restons old court claim advice needed please

Bump any advice guys or should I just ignore it

[nemesis45]

Re: cabot/restons old court claim advice needed please

Bump any advice guys or should I just ignore it

Hello Flicky

It's a typical Cabot / Restons Con, " we want you to believe that statement which could easily
have been " typed up" yesterday is an enforceable agreement..

A load of Bowlocks imo.

[flicky1314]

Re: cabot/restons old court claim advice needed please

Haha ok nem thanks I'll just ignore it then lol I like how they took me to court over a year ago and still saying if we come up with the paperwork. Is it worth writing to them about getting it struck out and recovering the cost from them. X

[charitynjw]

Re: cabot/restons old court claim advice needed please

Hello Flicky

It's a typical Cabot / Restons Con, " we want you to believe that statement which could easily
have been " typed up" yesterday is an enforceable agreement..

A load of *Bowlocks imo.

*To be added to my dictionary of LB Technical Terms, lol!

[Amethyst]

Re: cabot/restons old court claim advice needed please

Haha ok nem thanks I'll just ignore it then lol I like how they took me to court over a year ago and still saying if we come up with the paperwork. Is it worth writing to them about getting it struck out and recovering the cost from them. X

I reckon so.

[flicky1314]

Re: cabot/restons old court claim advice needed please

Thanks nem is there a template letter I can send ? And thanks again for all your help xx

[nemesis45]

Re: cabot/restons old court claim advice needed please

Thanks nem is there a template letter I can send ? And thanks again for all your help xx

Happy to help flicky

As suggested by Ame I would ignore but keep the letter in may come in useful later.

nem

[flicky1314]

Re: cabot/restons old court claim advice needed please

Okie dokie will do. I'll keep u posted if anything else turns up. Thanks again amethyst and nemesis. Ur both a great help xx