Threat of Court Claim from Restons

[sflavell]

I received a letter from Restons Solicitors on Saturday threatening Court action if I did not pay an outstanding balance of £1701 by 10th March which is allegedly owed to Cabot Financial.

As far as I recall this debt was originally for a Smile credit card taken out in about 2005. I got into financial difficulties in 2010-11 and defaulted. The debt was passed to Fredrickdons and I paid £100 per month until October 2012 when I lost my job and couldn't pay. The debt was then passed to Bryan Carter Solicitors. I had discussions with them and they refused all payment requests.

I sent Bryan Carter a CCA request in 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.

I have now not heard anything until Saturday 27th Feb 2016 when I got the threat letter from Restons. It would seem that the debt was sold to Cabot on 11th January 2013 ( Probably because Bryan Carter knew they could never collect it ).

How do I respond here to Restons? Do I send them a copy of the Bryan Carter letter and advise them that the debt is unenforceable?

Any help appreciated.

[Amethyst]

Re: Threat of Court Claim from Restons

Hiya and welcome to LB

That does sound like a formal letter before action so yes you should respond to it to Restons. In the response I would inform them that you have had communication with Bryan Carter acting for Lowell (assuming they were) and the outcome of that, and that you have not received any notice of assignment of the debt from Lowell, or the original creditor, to Cabot.

You should send a new CCA request too - to Cabot this time as they are now the creditor.

Does the balance they are now chasing seem right considering the payments you made until oct 2012?

[sflavell]

Re: Threat of Court Claim from Restons

Thanks Amethyst, The balance does not seem right to me do I am disputing that also.

Bryan Carter were acting on behalf of Fredrickson International ( same company I think ).

As my previous CCA request made the debt unenforceable is this still the case here even though you suggest sending a new CCA request?

[Amethyst]

Re: Threat of Court Claim from Restons

It is unenforceable while the default of your request continues, however with a new creditor ( by assignment) you should send a new CCA request. It is currently unenforceable so you could simply inform them of that and hold off on a new CCA until they have responded to your response to the LBA.

In your reply also ask for a breakdown of how the sum claimed has been calculated and explain you have previously made payments to Freds which do not appear to have been taken into account.

[sflavell]

Re: Threat of Court Claim from Restons

Sorry for my ignorance but what in an LBA?

[Amethyst]

Re: Threat of Court Claim from Restons

Sorry xxx LBA = Letter before Action ( basically the letter they sent saying they'd take court action if you didn't pay up within 14 days )

[sflavell]

Re: Threat of Court Claim from Restons

Thanks Amethyst, I will get a reply off tomorrow. I take it that they will probably not back off and will want to take action?

[Amethyst]

Re: Threat of Court Claim from Restons

It is likely, yes. Cabot aren't the greatest at getting the documents sorted, and are usually very slow - which gives you plenty of opportunity to ask the court to strike out any claim before they can get documents together.

[sflavell]

Re: Threat of Court Claim from Restons

Am I correct that with a CCA request they still have 12+2 days to reply or the debt again enters default and is unenforceable?

[Amethyst]

Re: Threat of Court Claim from Restons

Yes, until/unless they find it ..... It is unenforceable from your previous request anyway, making the new request doesn't make it enforceable for those 12 days xx

[Kielletty]

Re: Threat of Court Claim from Restons

Thanks Amethyst, I will get a reply off tomorrow. I take it that they will probably not back off and will want to take action?

Try something like this: http://legalbeagles.info/forums/show...770#post619770

[sflavell]

Re: Threat of Court Claim from Restons

There is also a paragraph in the letter that states that the client is prepared to offer a settlement discount. Do they know something? Do they know that the debt is already unenforceable or is something like PPI owing?

[sflavell]

Re: Threat of Court Claim from Restons

I have had a letter back today following my letter about the failed CCA request. The letter states that they are awaiting their clients instructions. Has the penny dropped that this is unenforceable?

[sflavell]

Re: Threat of Court Claim from Restons

This has now moved on somewhat. Reston replied at the start of August saying that irrespective of the CCA situation they will be taking me too court. I have now received the court papers and have responded saying I will defend.

What do I need to do now? Should I send a new CCA request to Cabot?

[MIKE770]

Re: Threat of Court Claim from Restons

If you have already sent one then they are at fault, acknowledge on MCOL the court papers and state you will defend all,then send CPR 31.14 request to solicitors for documents mentioned in the N1 court form only, do not ask for anything other than those mentioned, sure Amy will look in on here for you!