Restons / cabot

[MIKE770]

Re: Restons / cabot

they always state you will have the document already in your possession and for small claims they do not have to supply = they are right but only after allocation of case before they are liable. and they know it, just because they send speculative claim without having documents is their problem.

[Guest]

Re: Restons / cabot

1 ) i already asked for agreement, which they replied i had a copy of when i took out a debt ? a debt i know nothing about - so dont know how i can defend myself without this evidence .... but am sending a letter again tomoz with £1 postal order
That was a silly if rather generic reply. If you send a CCA request, once the 14 working days are over, they cannot enforce the debt until they comply.
2) I didnt realise i could ask the court for extension? do i just send a letter asking without my defence form then?
No, you need to contact the claimant's solicitors to start with, and ask them to agree to a 28 day extension. Make sure you quote CPR 15.5. You will find it here: https://www.justice.gov.uk/courts/pr...es/part15#15.5 If they agree, you need to inform the court in writing. If they don't agree, you need to submit your defence in time.
3) They havent got judgement against me
Good to know, just wondering because you said you were going to apply for set aside.
4) I am mentioning in my defence statue barred
OK
5) I only filled in n244 form as i have never done any of ths stuff before and just "googled".... debt its for £790
Ah, you don't need that one at the moment.

i havent the foggiest what im doing tbf- but i know that no debt i have accumulated since 2008 so im just googling how to go about this all ?
:tinysmile_hmm_t2:
The problem with that is that Google indexes everything indiscriminately. Better to stick to one place such as this forum.

Oh and i reported them to obudsman as i wrote to them saying debt would be statue barred and to provide evidence it is not, and i wanted to see proof of documents to when they just went straight to court
The Ombudsman probably won't do much about it and they do take their time. You still need to get your defence in.

[charitynjw]

Re: Restons / cabot

It doesn't matter even if you had a thousand copies of the agreement in your possession.

They are duty bound by virtue of CCA 1974 (as amended) to supply you with a copy of the original agreement, T & C's as at inception, any updates & a statement of the account within 12 days (+ 2 for post), or give written reason why they cannot comply.

(Maybe you want 1001 copies 'cos you don't like dalmations! )

[manda]

Re: Restons / cabot

It doesn't matter even if you had a thousand copies of the agreement in your possession.

They are duty bound by virtue of CCA 1974 (as amended) to supply you with a copy of the original agreement, T & C's as at inception, any updates & a statement of the account within 12 days (+ 2 for post), or give written reason why they cannot comply.

(Maybe you want 1001 copies 'cos you don't like dalmations! )

I cannot thank you all enough for all your help - im a blind man (or woman) walking and out of my depth (not a great swimmer)

Today i posted a CCA request to Cabot with £1 postal order
I also wrote to their solicitors asking to agree an extension under CPR 15.5

is that right?

Now i await their replies before i put in my defence
also will get rid of N244

[charitynjw]

Re: Restons / cabot

I also wrote to their solicitors asking to agree an extension under CPR 15.5

is that right?

Just refer to CPR 31 - covers a multitude..........

It can be done, as long as both parties agree to it. :tinysmile_twink_t2:
Just inform the court (better if it's in writing; send a copy of the Claimant's written agreement to the court along with your own.)

[manda]

Re: Restons / cabot

Just refer to CPR 31 - covers a multitude..........

It can be done, as long as both parties agree to it. :tinysmile_twink_t2:
Just inform the court (better if it's in writing; send a copy of the Claimant's written agreement to the court along with your own.)

Thank you , once again

And yes, sent the CCA request to Cabot
also sent letter asking for extension to their solicitors Restons, which have both gone in the post today!

[manda]

Re: Restons / cabot

Thank you , once again

And yes, sent the CCA request to Cabot
also sent letter asking for extension to their solicitors Restons, which have both gone in the post today!

Hi -- me (again)

sent fee to cabot for CCA request - i have nothing back

sent letter requiring extension as per CPR 15.5. to Restons solicitors

Ive had nothing back and have only a couple of days to send my defence into the court
Do i ask for it to be set-aside or thrown out due to non compliance ? what is the terms i ask for to be struck out?

what do i write?

Obviously i will send in copies of letters as per above to both Cabot & restons


Thanks

[manda]

Re: Restons / cabot

Help needed again ..

reply from restons - saying they have no record of me making a valid section 78 CC request - i did and the court has a copy of it too - i printed a copy of the Postal Order , with a copy of the Proof of posting which i gave to the court in my defence. I also have kept a photocopy for my records

They then go on to say they would be gratefull if i could withdraw my defence and send a N9 a and return it to them - i am fully defending my claim so i wont be doin that

Then they go on to say ......if they dont recieve this within 14 days they will instruct to make an application to strike out the defence and seek an order and that i pay costs associated with this ?

Can you please help me understand this jargon and what they are saying??

regards

[manda]

Help needed please

Help needed again ..

reply from restons - saying they have no record of me making a valid section 78 CC request - i did and the court has a copy of it too - i printed a copy of the Postal Order , with a copy of the Proof of posting which i gave to the court in my defence. I also have kept a photocopy for my records

They then go on to say they would be gratefull if i could withdraw my defence and send a N9 a and return it to them - i am fully defending my claim so i wont be doin that

Then they go on to say ......if they dont recieve this within 14 days they will instruct to make an application to strike out the defence and seek an order and that i pay costs associated with this ?

Can you please help me understand this jargon and what they are saying??

regards

[nemesis45]

Re: Restons / cabot

Help needed again ..

reply from restons - saying they have no record of me making a valid section 78 CC request - i did and the court has a copy of it too - i printed a copy of the Postal Order , with a copy of the Proof of posting which i gave to the court in my defence. I also have kept a photocopy for my records

They then go on to say they would be gratefull if i could withdraw my defence and send a N9 a and return it to them - i am fully defending my claim so i wont be doin that

Then they go on to say ......if they dont recieve this within 14 days they will instruct to make an application to strike out the defence and seek an order and that i pay costs associated with this ?

Can you please help me understand this jargon and what they are saying??

regards

Hello Manda.

This is becoming a habit with Cabot and Restons.

So: For The Personal Attention Of
Nigel Petrie Coe
Restons Solicitors


Date:

Re: Restons Ref:

CC Claim Noxxxxxxxxxxxxxx


Dear Mr Coe,

I refer to your letter dated............... In regard to the above mentioned claim No..........................: Please note I have no intention of withdrawing my defence and given the other content of your letter I suggest that Restons advises it's client to discontinue the claim.

I advise that a properly constituted Request made under the provisions of section 78 of CCA 1974 was sent to your client on date:........... together with Postal Order No........................ a copy of which is attached here with together with a copy of the proof of posting **** Did you not used signed for post and check delivery?*** Cabot may now deny receipt.****

I am aware of a number of similar claims such as this being made when CCA request have been made and I am reporting the matter to the FCA, this will also be brought to the attention of the court.

I have also made a Request to Restons via the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the particulars of the claim which of course includes a copy of the agreement.

I am sure you are aware the request is valid as it was made prior to the claim being allocated to track.
The conduct of Restons and It's client in this matter seem to be made to thwart my attempts to obtain copies of documents your client intends to rely on in court.

You are reminded that without a compliant agreement the court may not enforce the alleged debt.

Unless I reply including the requested documents is supplied within 7 days of the date hereon I intend to make application for the claim to be struck out and will seek the cost of the application from your client.

This needs to go by signed for post check delivery and print off signature.

Sorry about the bold type it wont switch off.

nem

[manda]

Re: Restons / cabot

Brilliant - you are an absolute godsend, genius - thank you so much x

[charitynjw]

Re: Help needed please

Is this your only other thread, manda?

http://www.legalbeagles.info/forums/...ighlight=manda

[charitynjw]

Re: Restons / cabot

Thanks for merging the thread [MENTION=49370]Kati[/MENTION] :tinysmile_twink_t2:

[manda]

Re: Help needed please

Yes the only other one .... Thanks

[manda]

Re: Help needed please

Yes the only other one .... Thanks

cannot thank you all enough for all your help and legal expertise


I went to ombudsman, made complaint and voila` cabot wrote letter of apology, closed case and gave ME £100 compensation

I wouldnt have been able to persevere and do it without all your help

When people dont have the knowledge and people like yourselves come in and help and offer advice through your genorosity, it really is truly and utterly so much appreciated.

:tinysmile_kiss_t4: THANK YOU SO MUCH