Restons and Cabot

[Sadsack]

Hello

Can anyone help me please?

I received a letter from Restons in January saying I owed Cabot UK money and that it could be for multiple accounts. If I contacted cabot before whatever date then I could get a reduction. If I didn't then they could take me to court.

The day after I received this letter I sent a CCA request to Restons since they were acting on behalf of Cabot and they were the ones contacting me. Obviously I didn't hand sign the request so this along with my Postal Order was returned with a letter saying that they needed proof of who I am and would not acknowledge any further letters from me unless I signed them.

I sent the CCA on 28th Jan and had this returned to me on 3rd Feb surely this doesn't absolve them of their duty?

Then on 18th Feb I received a court claim. So my question is do I need to ask for the documents again or are they in default

I'm not sure how to progress with this.

Thanks

Sad

[Amethyst]

Re: Restons and Cabot

Okay, send the CCA letter and sign it - put a squiggle ot a tamper strip underneath your signature if you are concerned. There is no legal requirement for the signature and you can make the point that they are satisfied enough as to your identity as to issue a court claim against you, but now you have a court claim you should just send another CCA. The CCA request should go direct to Cabot but tell Restons this is what you have done. You can add a paragraph to that effect to your CPR letter ( http://www.legalbeagles.info/forums/...ic-information )
You can include both CCA's in your defence when it comes to that stage.

Have you acknowledged the claim ?

[Sadsack]

Re: Restons and Cabot

Hi Amethyst

No I haven't acknowledged the claim yet. So to get this straight, I send CCA request to Cabot and CPR to Restons?

Thanks

Sad

[charitynjw]

Re: Restons and Cabot

Hi Amethyst

No I haven't acknowledged the claim yet. So to get this straight, I send CCA request to Cabot and CPR to Restons?

Thanks

Sad

Hi Sad

If Restons are the persons named on the court claim as the address to send documents, etc, then CPR letter to them (Check your claim form).

CCA letter & £1 payment to Cabot (again, check claim form for details).

Proof of posting for both.

Acknowledge the court claim asap (within 14 days of issue) - a few extra days are allowed for post.
Details are in the court pack which was sent to you.

[Sadsack]

Re: Restons and Cabot

Thanks Charity.

I can only ask for documents mentioned in POC as well right? Which are the barest! They mention the original creditor but I have no idea what it's for.

Anyway I will follow your advice, thanks.

Sad

[charitynjw]

Re: Restons and Cabot

Thanks Charity.

I can only ask for documents mentioned in POC as well right? Which are the barest! They mention the original creditor but I have no idea what it's for.

Anyway I will follow your advice, thanks.

Sad

For now

[Sadsack]

Re: Restons and Cabot

Thanks, I'll send these off on Monday.

[Sadsack]

Re: Restons and Cabot

OK so I looked through some old paperwork I managed to find and this relates to a bank account and overdraft, so do I still send the CCA letter since I don't recall having to sign anything for the overdraft?

The PoC mentions a 'contract' between the OC and me so don't know if this is different to an agreement? Also they have the OC as a different one to who I had my account with, same group but different, so does this matter? (edit, just had a look on their website and it does say overdrafts provided by BoS and not Halifax who I had the account with, didn't realise that.)

Thanks

Sad

[nemesis45]

Re: Restons and Cabot

Hi Sad

If Restons are the persons named on the court claim as the address to send documents, etc, then CPR letter to them (Check your claim form).

CCA letter & £1 payment to Cabot (again, check claim form for details).

Proof of posting for both.

Acknowledge the court claim asap (within 14 days of issue) - a few extra days are allowed for post.
Details are in the court pack which was sent to you.

As Cabot and the various solicitors they use are playing silly buggers with CCA request extreme care is needed
when dealing them.

Points to remember:

1. Use signed for post, so you can check the date a CCA request was signed for: Cabot/Restons are routinely denying receipt of CCA requests and/or Postal Orders.

2. Write " For Statutory Fee Only " on both sides of the PO and keep a record of the PO. Keep a photocopy of the PO.

3. Make sure that the Claimants name as on the N1 Form is used for the payee section on the PO.

4. Sign CPR and CCA requests when dealing with Cabot/ Restons they will either ignore or return them otherwise.

5. If Cabot and / or Restons deny receiving a CCA request and/or the fee and you have all the proofs report their conduct to the FCA.

nem

[Sadsack]

Re: Restons and Cabot

Thanks nem.

The 1st CCA request I sent to Restons I sent recorded but because I didn't sign it they returned it with the PO stapled to it.

I'll try again.

Thanks

Sad

[nemesis45]

Re: Restons and Cabot

Thanks nem.

The 1st CCA request I sent to Restons I sent recorded but because I didn't sign it they returned it with the PO stapled to it.

I'll try again.

Thanks

Sad

OK Sad, the name more properly applies to Cabot and its cronies sad attempts to derail defences
and reject CCA an CPR requests is unbelievable,

nem

[Sadsack]

Re: Restons and Cabot

Thanks nem.

I chose the name because that's how I feel atm and having these people chasing me just hammers home the rubbish situation I'm in at the minute. Ah well, they will be sorely disappointed even if they win lol.

On a brighter note I've just completed the AoS online so that's one thing ticked off the list.

Thanks

Sad

[charitynjw]

Re: Restons and Cabot

OK so I looked through some old paperwork I managed to find and this relates to a bank account and overdraft, so do I still send the CCA letter since I don't recall having to sign anything for the overdraft?

The PoC mentions a 'contract' between the OC and me so don't know if this is different to an agreement? Also they have the OC as a different one to who I had my account with, same group but different, so does this matter? (edit, just had a look on their website and it does say overdrafts provided by BoS and not Halifax who I had the account with, didn't realise that.)

Thanks

Sad

Hold fire - I'll get [MENTION=55034]nemesis45[/MENTION] to take a look.

[nemesis45]

Re: Restons and Cabot

OK so I looked through some old paperwork I managed to find and this relates to a bank account and overdraft, so do I still send the CCA letter since I don't recall having to sign anything for the overdraft?

The PoC mentions a 'contract' between the OC and me so don't know if this is different to an agreement? Also they have the OC as a different one to who I had my account with, same group but different, so does this matter? (edit, just had a look on their website and it does say overdrafts provided by BoS and not Halifax who I had the account with, didn't realise that.)

Thanks

Sad

Hello Sad, The POC says there was a " contract " I think it's worth a £1 to see what they say or come up with.

The Halifax BOS merge it result in some " hybrid " paperwork.

nem

[Sadsack]

Re: Restons and Cabot

Hi can someone cast an eye over this please and let me know if it's appropriate to request the following;

1. Contract
2. Full details of the assignment from Bank ofScotland to the Claimant on Oct 02 2012
3. Any notification of the assignment sent to theDefendant
4. Statement of account for a/c 1106xxxxxxxxxxx fromAug xx 2006 to date
5. Details of when the account went into Default Balance
6. Any notification of this Default Balance being sentto the Defendant


I have taken the above from items in the PoC

The PoC says "The Claimant claims payment of the overdue balance due from the Defendant under contract between the Defendants and Bank of Scotland dated on or about Aug xx 2006 and assigned to the Claimant on Oct xx 2012

PARTICULARS a/c no 1106xxxxxxxxxx
DATE ITEM VALUE
xx/01/2016 Default Balance 2539.08
Post Refrl Cr NIL

TOTAL 2539.08

Should the value mention pounds? no mention of what law? they are using (I'm not sure if that's the correct term 'law' but you get my drift). Should I add anything else to inspect do you think, or likewise take anything out?

Thanks

Sad