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Court claim Restons/Cabot advice please

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  • #1

    Court claim Restons/Cabot advice please

    Hi, I've received a court claim and hoping to get some advice. It's for a small Capital One credit card debt - the claimant is Cabot and the address for sending documents is Restons Solicitors. I don't dispute the debt and know it isn't statute barred.

    The amount claimed is £322.35, court fee £35 and legal representative's costs £50. Total £407.35. The issue date was 24 June 2016 and I've acknowledged online to get an extra 14 days - I phoned the court yesterday and they said I have until 27th July.

    What should I do? My target is to avoid a CCJ and be allowed to pay this off over a few months.

    Thanks
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  • #2
    Re: Court claim Restons/Cabot advice please

    Contact Renstons and make them an offer of repayment that will stop legal proceedings against you, get anything agreed in writing...
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    • #3
      Re: Court claim Restons/Cabot advice please

      Thanks Stu - would that be for the £407.35 or for the lesser amount? If they agree do I need to do anything with the court?

      Comment

      • #4
        Re: Court claim Restons/Cabot advice please

        Why not try to negotiate a discount while you're at it?

        The claimant will have bought the debt for peanuts; they'll probably jump at the chance.

        If you negotiate via a third party (OH, family, friend) it will give you a lot more protection.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick
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        • #5
          Re: Court claim Restons/Cabot advice please

          Thanks, what would I do regarding the court if they accepted a reduced offer?

          Comment

          • #6
            Re: Court claim Restons/Cabot advice please

            Originally posted by n20998 View Post
            It's for a small Capital One credit card debt - the claimant is Cabot and the address for sending documents is Restons Solicitors. I don't dispute the debt and know it isn't statute barred.
            Have you ever sent a s.78 CCA Request for this debt? If not you should do that now because if Cabot can't comply by the deadline you will have a Defence. They have 12 days to comply and your Defence is due in 11 days. So if you also send the CPR 31.14 letter they may agree an extension of time to file your Defence.

            Once you file a Defence the court will give Cabot 28 days to decide whether they want to continue with the proceedings. If they say Yes you'll be sent a Directions Questionnaire where you'll be given the opportunity to tick Yes to free telephone Mediation where you can settle this claim (if the Claimant also agrees to Mediation).

            If they don't inform the court then the claim is automatically stayed (pause button) which would be a window of opportunity for negotiating a settlement.

            The CCA Request will give Restons something to think about which could be a helpful pressure on them while you're trying to settle this.

            Di
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            • #7
              Re: Court claim Restons/Cabot advice please

              Thanks Diana that's really useful. I have not sent a s.78 CCA Request but will do so and get it sorted for Monday.
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              • #8
                Re: Court claim Restons/Cabot advice please

                By the way can I make the CCA request by email or does it have to be by letter?
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                • #9
                  Re: Court claim Restons/Cabot advice please

                  Originally posted by n20998 View Post
                  what would I do regarding the court if they accepted a reduced offer?
                  These two forum links should help you with your next steps:

                  CCA Request http://legalbeagles.info/forums/show...=7670#post7670

                  CPR 31.14 Request Letter http://legalbeagles.info/forums/show...382#post410382

                  Di
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                  • #10
                    Re: Court claim Restons/Cabot advice please

                    Originally posted by n20998 View Post
                    can I make the CCA request by email or does it have to be by letter?
                    No it must be sent by post with a £1 postal order because without that (statutory fee) it'll be worthless.

                    Send both request letters by Royal Mail Recorded Delivery, or in the very least get Proof of Posting from your post office. You need to be able to prove you sent it.

                    Di
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                    • #11
                      Re: Court claim Restons/Cabot advice please

                      That's great thanks Diana
                      • 1 thank

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                      • #12
                        Re: Court claim Restons/Cabot advice please

                        Originally posted by n20998 View Post
                        That's great thanks Diana
                        You're welcome. It's always daunting when you get a county court summons so keep us informed every step of your journey.

                        Don't take anything for granted. A settlement would be ideal but at the moment you need to carry on as if this is going all the way to the wire.

                        Di
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                        SHORTCUTS


                        First Steps
                        Check dates
                        Income/Expenditure
                        Acknowledge Claim
                        CCA Request
                        CPR 31.14 Request
                        Subject Access Request Letter
                        Example Defence
                        Set Aside Application
                        Directions Questionnaire



                        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




                        NOTE: If you receive a court claim note these dates in your calendar ...
                        Acknowledge Claim - within 14 days from Service

                        Defend Claim - within 28 days from Service (IF you acknowledged in time)

                        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



                        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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