Next Steps - Please Help

[seekinghelp]

So I have been reading a few threads to best guide me with this.

A Capital One debt - registered as default on credit file Oct 2010.

15 Jan 2016 - Default notice registered on credit file

5 Feb 2016 - Claim form received from Reston Solicitors

15 Feb 2016 - Filed and AofS. sent a CCA Request to Calbot Financial (debt collector) enc £1 Postal Order (which has been signed for) and letter to Restons asking for supporting documentation in claim form.

23 Feb 2016- Reply from Restons stating that I should have the documents myself and that it is not a requirement for them as they issued the claim is the County Court Business Centre.

I THINK my Defence us due on Friday 4th March. But I want some guidance as to whether i should reply to Restons (and say what) and/or send another chaser letter to Calbot asking for the CCA again.

Please help.

Kind Regards.

[Amethyst]

Re: Next Steps - Please Help

Hiya

Sounds like you are completely on track and have done all the right things. No need to chase the CCA or respond to their CPR refusal.

Yes your defence will be due in shortly - what date is printed on the claim form ( date of issue ) ? Add 33 days to that is safest way to check dates. ( http://www.timeanddate.com/date/dateadd.html )

So you had a second default registered on the credit file in Jan 2016? But the original default was Oct 2010 - it should by rights fall off in Oct 2016 - have Cabots just updated the defaulted status or have they started a new defaulted account ? ( screenshot of that bit of your file might help check whats gone on there actually )

[seekinghelp]

Re: Next Steps - Please Help

Claim form is dated 5 February 2016.

They updated the default status on 15 November 2015. The original default is listed as 6 October 2010

£ 2,685	£ 0
£ 0	£ 2,755
14/06/2002	15/11/2015
06/10/2010

[seekinghelp]

Re: Next Steps - Please Help

Sorry see above. I have copied and paste the entry on my credit file.
Another question....

I am due to enter my Defence today but not sure what Section applies to my case. I have checked the legislation and it seems that both Section 77 and 78 more or less say the same thing. I am not sure which one is applicable to me - could you possibly advise so that there are no discrepancies in my Defence.
Thanks in advance.

[nemesis45]

Re: Next Steps - Please Help

[QUOTE=Amethyst;627922]Hiya

Sounds like you are completely on track and have done all the right things. No need to chase the CCA or respond to their CPR refusal.

Yes your defence will be due in shortly - what date is printed on the claim form ( date of issue ) ? Add 33 days to that is safest way to check dates. ( http://www.timeanddate.com/date/dateadd.html )

So you had a second default registered on the credit file in Jan 2016? But the original default was Oct 2010 - it should by rights fall off in Oct 2016 - have Cabots just updated the defaulted status or have they started a new defaulted account ? ( screenshot of that bit of your file might help check whats gone on there actually )[/QUOTE


It's just the date they updated the files with Cabot's details I think.

nem

[seekinghelp]

Re: Next Steps - Please Help

Thanks for the response. What about the Section 77 and/or 78 request? Does it matter which one I state in the Defence or shall I just add both?

[seekinghelp]

Re: Next Steps - Please Help

UPDATE: - Advice please.

Following my CCA request to Cabolt on 15 Feb 2016, I have heard from Cabolt by letter dated 23 March (more than 12 days after the request) who have said they do not have any paperwork and in the process of getting it. They have also said that the credit agreement is unenforceable so will not be able to claim or obtain judgement against me.

My Defence was filed on 7 March 2016 - the court replied stating they had 28 days to reply otherwise the claim will be stayed. I am now guessing they are out of time? Do I need to write to the court requesting to stay the claim or is it automatic?

Can I now ask for Cabolt to remove the default from my credit file seeing as they have acknowledged that the claim is unenforceable?

Advice would be greatly appreciated.

[Kafka]

Re: Next Steps - Please Help

Enforceability refers to taking it to court to get a CCJ against you. They don't require enforceable documentation to register a default.

Incidentally its the defult date that matters, not when the record was updated, so the default is due to fall off in October this year. That doesn't mean the debt disappears though, just that they can no longer register the debt with the credit reference agencies. Having said that, if its unenforceable there's not much they can do about to force you to pay, because you called their bluff. :taunt:

[seekinghelp]

Re: Next Steps - Please Help

Thank you! I have just received a letter from Restons threatening making an application to the court to strike out my Defence and advising their client to enter judgement if I do not withdraw my Defence and provide them proof that I have sent a CCA request to their client.

I have already received acknowledgment from Cabolt stating that they do not have any paperwork and so they are unable to pursue any claim. Do I forward this on to Restons or do I not reply?

It has been 28 days since I entered my Defence and so would you advise me making an application to strike out the claim on the lines of the claimant is attempting to use the courts as a form of harrassment and that they are deliberately refusing to comply with the CPR rules and are wasting the courts time by way of "abuse of process" as they knew they had to provide documentation in order to bring a claim and havent?

Or would you advise sitting it out and wait?

Thanking you all for taking the time out to reply appreciated.

[nemesis45]

Re: Next Steps - Please Help

Thank you! I have just received a letter from Restons threatening making an application to the court to strike out my Defence and advising their client to enter judgement if I do not withdraw my Defence and provide them proof that I have sent a CCA request to their client.

I have already received acknowledgment from Cabolt stating that they do not have any paperwork and so they are unable to pursue any claim. Do I forward this on to Restons or do I not reply?

It has been 28 days since I entered my Defence and so would you advise me making an application to strike out the claim on the lines of the claimant is attempting to use the courts as a form of harrassment and that they are deliberately refusing to comply with the CPR rules and are wasting the courts time by way of "abuse of process" as they knew they had to provide documentation in order to bring a claim and havent?

Or would you advise sitting it out and wait?

Thanking you all for taking the time out to reply appreciated.

Hi ,
it seems Restons are acting on their own volition and not communicating with their client.
I would send a copy of Carboots letter with a short not e.g. see attached and refer to your client.

nem