Cabot\Restons CCJ claim - worried :-(

[Northtin]

Received a claim? Yes via Restons on behalf of MFS portfolio ltd
Issue Date: 10 march 2016
Amount approx: 4147.96 (inc costs)
Claimant: MFS portfolio ltd
Solicitor: Restons
Original Creditor: Halifax
Particulars of Claim: The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Nov 2006 and assigned to the claimant on Jun 29 2015
Is the debt Statute Barred? no
List any letters you have sent: CCA request Sent 14/03/2016 , CPR 31.14 - Sent 14/03/2016
Any Other Info: sent acknowledgement to court saying I will defend the claim (14/03/2016)
have tried liaising with Restons - sent all of the info they requested including I&E form, this showed I was in negative and I offered a token payment until circumstances improved (my other creditors have accepted this) - seems as if they ignored all of this and just slapped me in to court. , rang them to offer F&F to stop any litigation which was refused, we will have to go through court process etc etc...- Original debt is a Halifax loan of 10k majority was paid off until my redundancy in 2012 - last payment 2012 loan taken out approsx 2006. - never been in this position before and I am really worried - I have just got a Job (after 3 years) that is sensitive to CCjs and I am really concerned about the impact this will have :-( any help or guidance will be REALLY appreciated.
Thanks everyone.
D.

[charitynjw]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Northtin & welcome to LB

Just checking -
Who was the CCA letter sent to?
Who was the CPR letter sent to?

Imho you should cease verbal communication with them; everything in writing from now on.

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

Hello Northin,

It seems that you have admitted liability for the debt by offering a F&F settlement and token payments if this was done in writing?

What was the basis of the " defence " you have entered?

The only chance of avoiding a CCA request now would be reaching an agreement on payments secured by a Consent Order also known as a Tomlin order whereby payment a secured by an order sealed by the court, meaning that as long as the payments agreed are made no CCJ will be made i.e. the claim is stayed.

nem

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Thanks Charity
Yes verbal comms was last gasp attempt to head off litigation- before I sent off letters :-(
CCA was sent to MFS portfolio (Cabot) CPR was sent to Restons
Hope this helps.
D.

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Nem
Nothing was admitted in writing only verbal- last payment on account was probably 2012 so not SB.
I didn't put a defence in - it was an acknowledgement of service I sent not a defence - sorry didn't make this clear.
D.

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Nem
Nothing was admitted in writing only verbal- last payment on account was probably 2012 so not SB.
I didn't put a defence in - it was an acknowledgement of service I sent not a defence - sorry didn't make this clear.
D.

That;s good, stay off the phone and keep everything in writing.

I am concerned that you mention sending an I & E statement and an offer of token payments ??

nem

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Nem
The letter sent to Restons was marked 'Without Prejudice' don't know if that helps - I did not make any firm offers in the letter, I did state that my other creditors were accepting token payments and sent a copy of my Step change I&E , but I also told them I did not recognise the debt nor the firm they were representing (later found out MFS are Cabot....) , I did not fill in anything from Restons - probably why they went town the CCJ route thinking about it....
Hope this helps
D.

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Nem
The letter sent to Restons was marked 'Without Prejudice' don't know if that helps - I did not make any firm offers in the letter, I did state that my other creditors were accepting token payments and sent a copy of my Step change I&E , but I also told them I did not recognise the debt nor the firm they were representing (later found out MFS are Cabot....) , I did not fill in anything from Restons - probably why they went town the CCJ route thinking about it....
Hope this helps
D.

OK it's a case of waiting to see how Cabot/Restons view the communications, that's open to challenge anyway.

nem

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Thanks Nem
Hopefully we can get to a negotiating position where I can settle via F&F - they should have the letters today .....

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Just a quick update and a little advice if you can guys :-)
Have heard nothing back from Restons for the CPR 31.14 - Sent 14/03/2016.
Had a letter back not from MFS portfolio (claimants) but from Cabot stating I have not filled in the postal order payee (aaargh!!!) and returning my original CPR letter and postal order.
So am sending this off again in the morning Special D. do I make the payee the claimant MFS portfolio or Cabot - Really confused now my defence date is the 12 April so hopefully get this back in time (or not......)
Thanks again guys.
David

[NWHC]

Re: Cabot\Restons CCJ claim - worried :-(

Does the letter say who it should be made out to?

Personally I would make it out to whoever wrote back to you

It is outrageous that they are playing silly buggers- a blank PO, which was often the recommended course of action- just fill the effing thing in

[charitynjw]

Re: Cabot\Restons CCJ claim - worried :-(

Does the letter say who it should be made out to?

Personally I would make it out to whoever wrote back to you

It is outrageous that they are playing silly buggers- a blank PO, which was often the recommended course of action- just fill the effing thing in

IMHO

Make it out to the claimant named on the court claim form, as they purport to be the legal owner of the alleged debt.
(See post #1 - ".......assigned to the claimant on Jun [sic] 29 2015")

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Just received the following letter back from REstons re CPR ststing they don't have to comply and that I should have all of the details anyway.
I can see it is just a standard letter as it states I have asked for further docs that were not mentioned in the particulars of the claim - not true as I only asked for the Contract which was the only document mentioned .
Any help advice would be much appreciated
Thanks
D.

[nemesis45]

Re: Cabot\Restons CCJ claim - worried :-(

Hi,

What exactly was in the POC and what did you request?

nem

[Northtin]

Re: Cabot\Restons CCJ claim - worried :-(

Hi Nem
The POC said 1.Contract
That is exactly what I asked for 1.Contract - no other Docs - I followed the instructions on the web site.
Thanks for the reply
D.