Restons,Drydens,Cabot and Capital One. help needed with deffence.

[Amethyst]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

They can't just put it on hold, they could agree specifically to a 28 days extension under cpr 15.5 but they haven't done that, and yes they are hoping you just rely on their o'on hold' statement and don't file your defence... grrrrr.

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Nice try Drydens! Thanks Amethyst. Also I was thinking. As far as the debt being statute barred. The date they've quoted says when the account was terminated, am I right in thinking the 6 years is from the last payment or written acknowledgment not the termination date?

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Hi there, tomorrow is defence day for the Restons claim. I have the template for the CPR part of the defence, but I believe the first part of my defence should be the statute barred part. Does anyone have a template/example with both? Thanks in advance

[Amethyst]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

The Defendant contends the claim is statute barred by virtue of paragraph 5 of the Limitations Act 1980 in that no acknowledgement or payment of any alleged debt has been made for over 6 years. In the event the Claimant denies this to be the case he is required to provide evidence to the contrary.

Along those lines just added into top few paragraphs - let the Claimant argue when they think SB runs from... and you can counter it back later if necessary.

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Ah thanks that's great.

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Both defences now entered. Now to wait 28 days I guess. Thanks for your help people

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Hi Beagles. I've received a reply from Restons, please see letter attached. It seems that Restons believe that the burden of evidence lies with me. So the question is do I reply to this letter or not?

[IMG][/IMG][IMG][/IMG]

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Hi Beagles. I've received a reply from Restons, please see letter attached. It seems that Restons believe that the burden of evidence lies with me. So the question is do I reply to this letter or not?[IMG][/IMG][IMG][/IMG]

Hi,
What a load of Bull Shite.

Did you keep a record of the Postal Order and check the delivery date and signature for the CCA request?

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

I do have the receipt for the postal order and the signed for delivery. I haven't checked if it has been signed for. I'm assuming this is a generic squirm as far as the check your own records is concerned.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

I do have the receipt for the postal order and the signed for delivery. I haven't checked if it has been signed for. I'm assuming this is a generic squirm as far as the check your own records is concerned.

This is usually the response when Cabot has not got the agreement and can't get it Mark.
I have to go out now but I would be happy to take them on and draft a letter for you tomorrow. tag [MENTION=55034]nemesis45[/MENTION] if you want me to do this and I'll pick it up in the morning.

nem

[MIKE770]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

account number within letter showing

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Edited thanks.

- - - Updated - - -

Thanks [MENTION=55034]nemesis45[/MENTION] that would be awesome.

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Edited thanks.

- - - Updated - - -

Thanks @nemesis45 that would be awesome.

OK Mark.

Back Later.

nem

[nemesis45]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Hello Mark let's see what can be done about Restons nonsense.


For The Personal Attention of
Mr Nigel Petrie Coe.
Director Restons Solicitors Ltd.


Date:

Ref: CC Claim No...........................

Your Client Cabot Financial (UK) Ltd.

Re: Letter dated: Tuesday 22nd March 2016. Ms D Armstrong ( Trainee Solicitor)

Formal Complaint.

Dear Mr Petrie Coe,

I refer to the rather " wordy " letter from Ms Armstrong in response to my defence to this claim a number of points arise and I will address them from the top.

1. I have made a request for documents mentioned in the particulars of claim under the provisions of CPR 31.14 prior to the claim being allocated to any track and therefore there is no reason why these should not have been provided so that I may have sight of such documents to allow me to fully plead my defence.

2. As to Ms Armstrong point of suggesting that I refer to my own records, it is of no relevance what I may have received from any party in the past in to an agreement or any other document, the request
relates solely the documents mentioned in the particulars of claim upon which your client intends rely in court.

3. Ms Armstrong's contention that I should supply evidence that the alleged debt is statute barred under section 5 of the Limitation Act 1980 as you are I am sure aware it is for your client to prove otherwise .

4. I now come to a far more serious point in regard to Ms Armstrong's letter, the Request made under the provisions of sections 77/78 of CCA 1974 ( as amended ) sent directly to your client and the allegation that Restons has no record of such a request or receipt of the £1.00 statutory fee.

5. Your client signed for the request on date................: The envelope contained Postal Order No,........................ I suggest Restons now refer to its client on this particular point.

I have been prompted by this claim to research the conduct of Cabot Financial (UK) Ltd. and have found a number of instances where Restons have made exactly same statements regarding no record of CCA Requests and non receipt of statutory fees, too many for mere coincidence I believe.

Given the above and in particular the fact your client has not complied with the CCA request and Restons reluctance to comply with CPR31.14 it would seem that Cabot Financial (UK ) Ltd. and Restons

Solicitors Ltd., are not in possession of the necessary documents to enforce the alleged debt. I suggest that Restons consults its client recommending that the claim is discontinued forthwith.

Yours etc.

enclose copies of signed for post receipts/PO receipts copies of your request letters. if you can check on the PO cashed or not even better.
Use signed for post/ check delivery and signature.

As Restons kindly allowed time for you to respond mark and we have the bank hols post next Tuesday 1st Class then they can use the hols as an excuse.

nem

[Markjamesmorris]

Re: Restons,Drydens,Cabot and Capital One. help needed with deffence.

Nice one [MENTION=55034]nemesis45[/MENTION] you are awesome. It seems as though they really have your attention with this one. I'll get it sorted for Tuesday.