Cabot Financial / Restons Solicitors - Claim

[colsal2001]

Hi, I would be grateful for any advice. I received a Claim Form back at the beginning of 2015. Initially I entered a Defence based on a PPI issue and Restons have not entered Judgment. Back in July 2015 I requested a copy of the Loan Agreement which the Claim Form was based on. They were polite enough and said they would be contacting their client, Cabot to obtain a copy. In January they confirmed that a copy of the Loan Agreement was still awaited. However they are now looking at the possibility of a settlement being reached without the need for the litigation to continue. They are also offering to settle for a lesser amount and asking if I can enter into a payment arrangement. Can I presume that their answer is based on the fact that they just do not have the Loan Agreement I have requested? Originally they mentioned a "contract" in their Statement of Truth/Particulars of Claim back in January 2015. I am yet to see this contract. Any ideas of what kind of response I can send. I appreciate any pointers and thank you in advance.

[colsal2001]

Re: Cabot Financial / Restons Solicitors - Claim

Not sure if I have put this in the correct forum? Any help would be greatly appreciated as I will need to respond to Restons shortly. Thank you in advance

[charitynjw]

Re: Cabot Financial / Restons Solicitors - Claim

Not sure if I have put this in the correct forum? Any help would be greatly appreciated as I will need to respond to Restons shortly. Thank you in advance

Hi colsal2001 & welcome to LB

No probs - I'll give [MENTION=49370]Kati[/MENTION] a nudge to put you right (Probably the court claim section, but Kati is the expert)

In the meantime, do you have any idea what this 'loan' is, & if so, is it a CCA 1974 regulated contract/agreement?

Could you post the court claim form (suitably redacted) here, or if not, type out the PoC?

Have you checked with the court (phone no on the court docs) as to the status of the claim? (ie, is is currently 'stayed?)

[Kati]

Re: Cabot Financial / Restons Solicitors - Claim

Not sure if I have put this in the correct forum? Any help would be greatly appreciated as I will need to respond to Restons shortly. Thank you in advance

Hi colsal ... I've moved your thread for you (as Charity asked) and I'll :bump: [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] to help you. Can you post up letters etc... (redacted)? Or email them to me (kati@legalbeagles.info) with a link to your thread and I will? xx

I'll give @Kati a nudge to put you right (Probably the court claim section, but Kati is the expert)

I'm not sure about 'expert' :lol: ... but I've moved it xx

[nemesis45]

Re: Cabot Financial / Restons Solicitors - Claim

Hi colsal ... I've moved your thread for you (as Charity asked) and I'll :bump: @nemesis45 and @Amethyst to help you. Can you post up letters etc... (redacted)? Or email them to me (kati@legalbeagles.info) with a link to your thread and I will? xx

I'm not sure about 'expert' :lol: ... but I've moved it xx

Good morning [MENTION=49370]Kati[/MENTION]

[nemesis45]

Re: Cabot Financial / Restons Solicitors - Claim

Hello Colsal

Confirmation please.

You received a CC claim pack early 2015? You acknowledged service and entered a defence based on PPI? What exactly was your defence?
Have you checked with the court recently if not give them a ring I would expect the claim to be stayed.

I think you should write to Cabot copy to Restons ( after checking with the court) along the lines of :


Cabot Financial (UK ) Ltd.

Address as on claim form.


Date:

Ref: County Court Claim No................................. Issued on:...............................

Sir / Madam,

I am in receipt of your letter dated.....................: in which Cabot seeks to reach a settlement without continuing litigation I can only assume that this offer is made as Cabot Financial (UK) Ltd. does not have the CCA 1974 regulated agreement it needs to enforce the alleged debt in court.

As you must be aware I made a formal request under the provisions of section 77/78 of CCA 1974 (as amended) on .........................: Cabot Financial (UK) Ltd. remains in breach of this request and is unable to enforce the alleged debt.

Given the above I suggest that in the interest of saving costs and court time Cabot now discontinues this claim, if however Cabot decides to continue this matter in its current manner I will make application to the court for the claim to be struck out and will seek the costs of the application from Cabot Financial (UK) Ltd.

A copy of this letter has been sent to Mortimer Clarke today.

Yours etc.


Send it ( if you decide to) by signed for post and check delivery date and signature.

nem

[colsal2001]

Re: Cabot Financial / Restons Solicitors - Claim

Hi everyone, Thank you for your responses. Yes I entered a defence based on the fact that Halifax (original creditor) had ignored me for over 2 years. Originally Halifax wrote to me back in 2011 regarding what they said was "an outstanding amount" due to them on a loan I had taken out in 2006. I answered all their letters and wanted them to deal with my possible PPI claim as I believed PPI had been taken out on the loan even though I never requested it. Anyway they ignored all my letters (everything was sent with Proof of Posting). They pushed it on to a debt collector and I forwarded all copies of correspondence to Halifax to that debt collector. They gave up after seeing my correspondence. Then at the end of 2014 a letter was received from Restons threatening legal action. I did respond, again referring to the PPI situation and the fact that Halifax had ignored me for years. Within 10 days they had issued proceedings. The defence sent in was as I mentioned above. There have been letters going back and forth to Restons (there's were always threatening what they were going to do) and then we got the Financial Ombudsman involved which stopped Restons in their tracks. The Financial Ombudsman's dealt with the matter between Halifax and myself.

Restons have not been pushy at all for the last 7 months. I told them back in July 2015 that we needed to see the Agreement/Contract. They responded saying they would seek this from their client's Cabot. In January 2016 they wrote saying they are waiting for their client's to furnish them with the same but then they started saying that maybe we could come to an arrangement outside of court proceedings and requesting a Financial Statement be completed. They also mentioned settling the matter by paying a lower amount. They also said instalments would be acceptable. Just surprised that they have changed their stance so much since I asked to see the Agreement/Contract. I haven't had any dealings with the Court and haven't asked them if the action is stayed. Hope what I have said here makes sense. I didn't make a formal request for the Loan Agreement/Contract. I just asked for it in a letter to them.

The Particulars of Claim/Statement of Truth as completed by Restons on the Claim Form states "The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax dated on or about XXXX 2006 and assigned to the Claimant on XXX 2014 in the sum of £xxxx. Payments were made on this loan between 2006 and 2010. Thanks so much for your help so far. Should I send the letter as Nemesis suggests above or will it need to be changed. Thank you

[nemesis45]

Re: Cabot Financial / Restons Solicitors - Claim

Hi everyone, Thank you for your responses. Yes I entered a defence based on the fact that Halifax (original creditor) had ignored me for over 2 years. Originally Halifax wrote to me back in 2011 regarding what they said was "an outstanding amount" due to them on a loan I had taken out in 2006. I answered all their letters and wanted them to deal with my possible PPI claim as I believed PPI had been taken out on the loan even though I never requested it. Anyway they ignored all my letters (everything was sent with Proof of Posting). They pushed it on to a debt collector and I forwarded all copies of correspondence to Halifax to that debt collector. They gave up after seeing my correspondence. Then at the end of 2014 a letter was received from Restons threatening legal action. I did respond, again referring to the PPI situation and the fact that Halifax had ignored me for years. Within 10 days they had issued proceedings. The defence sent in was as I mentioned above. There have been letters going back and forth to Restons (there's were always threatening what they were going to do) and then we got the Financial Ombudsman involved which stopped Restons in their tracks. The Financial Ombudsman's dealt with the matter between Halifax and myself.

Restons have not been pushy at all for the last 7 months. I told them back in July 2015 that we needed to see the Agreement/Contract. They responded saying they would seek this from their client's Cabot. In January 2016 they wrote saying they are waiting for their client's to furnish them with the same but then they started saying that maybe we could come to an arrangement outside of court proceedings and requesting a Financial Statement be completed. They also mentioned settling the matter by paying a lower amount. They also said instalments would be acceptable. Just surprised that they have changed their stance so much since I asked to see the Agreement/Contract. I haven't had any dealings with the Court and haven't asked them if the action is stayed. Hope what I have said here makes sense. I didn't make a formal request for the Loan Agreement/Contract. I just asked for it in a letter to them.

The Particulars of Claim/Statement of Truth as completed by Restons on the Claim Form states "The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Halifax dated on or about XXXX 2006 and assigned to the Claimant on XXX 2014 in the sum of £xxxx. Payments were made on this loan between 2006 and 2010. Thanks so much for your help so far. Should I send the letter as Nemesis suggests above or will it need to be changed. Thank you

If the court says the claim is stayed send the letter. It seems they have nothing to back up the claim anyway.

nem

[colsal2001]

Re: Cabot Financial / Restons Solicitors - Claim

Thank you nem. Much appreciated.