Threat of Court Claim from Restons

[Kati]

Re: Threat of Court Claim from Restons

tagging [MENTION=55034]nemesis45[/MENTION] xx

[sflavell]

Re: Threat of Court Claim from Restons

The CCA that has been defaulted on was sent to Bryan Carter Solicitors who were acting for Fredricksons the original DCA. Is this default still active as the debt has now been passed onto Cabot?

[sflavell]

Re: Threat of Court Claim from Restons

Do I need to send a new CCA request to Cabot or will the original one to Bryan Carter that has been defaulted on be sufficient for my defence for the court

[catquest]

Re: Threat of Court Claim from Restons

If there was a change of creditor after the debt sale then a new CCA request has to be made to the new creditor.

[charitynjw]

Re: Threat of Court Claim from Restons

If there was a change of creditor after the debt sale then a new CCA request has to be made to the new creditor.

Hi catquest

Whilst I would agree that it is probably a good idea, why do you think it has to be done?

[catquest]

Re: Threat of Court Claim from Restons

Because s78 says that if the creditor fails to comply then he is not entitled to enforce. So the previous creditor could not enforce but the new one so far hasn't failed to comply if no request was made to him

[charitynjw]

Re: Threat of Court Claim from Restons

Because s78 says that if the creditor fails to comply then he is not entitled to enforce. So the previous creditor could not enforce but the new one so far hasn't failed to comply if no request was made to him

I fear that might not be correct.

Goode, Guest, Rosenthal, & Hamblen J in Jones v Link Financial (2012), seem to agree that the assignee takes on the duties ('steps into the shoes') of the original creditor for the purposes of the Consumer Credit Act.

[MIKE770]

Re: Threat of Court Claim from Restons

Buyer takes over all rights/responsibilities thereby attained = includes CCA1974 request/duties comes to mind. ????

[MIKE770]

Re: Threat of Court Claim from Restons

Buyer takes over all rights/responsibilities thereby attained = includes CCA1974 request/duties comes to mind. ????

0FT664Rev Debt collection Guidelines??

[charitynjw]

Re: Threat of Court Claim from Restons

That said, personally I would send another CCA request to the new assignee.

It'll save any arguments, & what else can you get for a quid nowadays?

(Ok, a large bar of Toblerone from Poundland........but what else?)

:decision:

[sflavell]

Re: Threat of Court Claim from Restons

Need some help with my defence here and how to word it. Summary so far:

CCA request sent to Bryan Carter October 2012 which they failed to respond to so I sent them a letter in November 2012 advising them that the debt was now unenforceable as they had not complied with a CCA request. The debt then passed to Cabot in Jan 2013.

Court claim sent on 16th August so I have until the 18th Sept to defend.

CCA request sent to Cabot on 30th August and signed for on the 31st. They had until today to respond and they have failed to.
CPR sent to Restons on 30th August and signed for on the 31st. They have not responded.

With all of this I want the action to be set aside as two CCA requests have not been responded to so the debt is unenforceable.

How do I word the defence? Thanks in advance for any assistance.

[sflavell]

Re: Threat of Court Claim from Restons

eed some help with my defence here and how to word it. Summary so far:

CCA request sent to Bryan Carter October 2012 which they failed to respond to so I sent them a letter in November 2012 advising them that the debt was now unenforceable as they had not complied with a CCA request. The debt then passed to Cabot in Jan 2013.

Court claim sent on 16th August so I have until the 18th Sept to defend.

CCA request sent to Cabot on 30th August and signed for on the 31st. They had until today to respond and they have failed to.
CPR sent to Restons on 30th August and signed for on the 31st. They have not responded.

With all of this I want the action to be set aside as two CCA requests have not been responded to so the debt is unenforceable.

How do I word the defence? Thanks in advance for any assistance

[sflavell]

Re: Threat of Court Claim from Restons

I have submitted my defence stating no response from the CPR request and no response from the CCA request.

Yesterday I got a response from the CPR request from Restons stating that documents I asked for are not mentioned in the statement of the claim.

In the Particulars of the claim it clearly states that a balance was due under a CONTRACT. In my request I asked to see a copy of the contract. How is this info not in the statement of claim????

I have attached copies of the statement of claim and Restons response.

[Amethyst]

Re: Threat of Court Claim from Restons

Yes the contract is certainly mentioned. As your defence has already gone in then it's not likely to be worth threatening Restons with an application to enforce the CPR request but their response can be brought up when you come to witness statements. They don't mention the NoA or Default Notice directly so could probably get away with that ( but they still need to produce them to be able to enforce the debt under the CCA - as they well know lol)

[sflavell]

Re: Threat of Court Claim from Restons

It has now been 11 months since I submitted my defence stating I had sent a CPR to Restons and a CCA request to Cabot with no response. Both parties still have not produced any documentation. I am assuming therefore that they do not have and cannot find anything.

I have had the attached letter from them chasing a resolution saying that I have not withdrawn my defence and can they come to an arrangement to pay. I am assuming they are taking this path as they realise that they cannot enforce this case and will not get any payment without proof the debt exists.

What response should I make to them if any?