Any help gratefully received - Cabot and Rentons

[Anders76]

Hello,

In October 2015 I received a claim from Courts and Tribunals Services that had been lodged by Rentons on behalf of Cabot. I followed advice I was given at the time and requested disclosure from Cabot. I then filed my defense. Since then I have only had two letters from Cabot and one letter from Rentons. Cabot said that they wanted an extension and then said they couldn't find the documents that I had requested. Rentons said that they would continue to pursue, but that they were waiting for instructions.

It's nearly a year now and nothing. I called the Court and they told me that I have to speak with Rentons...

Any clue what I can or should be doing, please? This is really beginning to stress me out! Is there anyway that I can ask them to discontinue or withdraw?

Thanks,

Anders.

[nemesis45]

Re: Any help gratefully received - Cabot and Rentons

Hello,

In October 2015 I received a claim from Courts and Tribunals Services that had been lodged by Rentons on behalf of Cabot. I followed advice I was given at the time and requested disclosure from Cabot. I then filed my defense. Since then I have only had two letters from Cabot and one letter from Rentons. Cabot said that they wanted an extension and then said they couldn't find the documents that I had requested. Rentons said that they would continue to pursue, but that they were waiting for instructions.

It's nearly a year now and nothing. I called the Court and they told me that I have to speak with Rentons...

Any clue what I can or should be doing, please? This is really beginning to stress me out! Is there anyway that I can ask them to discontinue or withdraw?

Thanks,

Anders.

Good morning, welcome to LB,

That's a rather strange answer from the court I think.

I suspect the claim is stayed (suspended) by the court because Cabot/Restons did not respond to your defence.

I think you should phone the court again and just ask " Is this claim stayed?"

If the claim is stayed there some options leave the situation as is, or write to Restons suggesting that they advise their client to discontinue the claim as it seems they have no reasonable chance of taking the claim to conclusion.
nem

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

Thank you. I will do this now. Do I need to say anything specific to Rentons or Cabot? What about the court? Do I have to send them copies?
Thanks again,
Anders.

[Stu]

Re: Any help gratefully received - Cabot and Rentons

Don't speak with either find out the status of the claim and update the thread and you will get the best advise on what should go next.

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

Thanks for this Stu. I have just called the court and they said that the matter has been 'stayed' since December 2015. I asked them what to do and they repeated what they said last time which was to speak with the solicitors. Any clue what I can do? Does this mean that it's pending forever??

[nemesis45]

Re: Any help gratefully received - Cabot and Rentons

Thank you. I will do this now. Do I need to say anything specific to Rentons or Cabot? What about the court? Do I have to send them copies?
Thanks again,
Anders.

Just the court call for now Anders.


nem

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

Just the court call for now Anders.


nem

Thanks for this Nem. I have called the court and they said that the matter was stayed in December 2015. What to do now? Will this just be held indefinitely? If it is withdrawn what happens with the debt? I am disputing this, but without the records that they claim to have, but haven't disclosed, I can't and obviously won't settle this - it's bizarre...

Thanks in advance - your help is much appreciated,

Anders.

[Diana M]

Re: Any help gratefully received - Cabot and Rentons

In October 2015 I received a claim . . . .

It's nearly a year now and nothing. I called the Court and they told me that I have to speak with Rentons...

Any clue what I can or should be doing, please? This is really beginning to stress me out! Is there anyway that I can ask them to discontinue or withdraw?.

No need to stress

Before you do anything can you say who was the original creditor, what was the debt (credit card, loan, overdraft, mobile phone etc) , year account opened and how much is the claim?

Depending on your answers that may provide clues as to the likelihood of Cabot coming up with the paperwork and any potential legal arguments if they do.

That should help you to make an informed decision on whether to write to Restons Solicitors or stay under the radar.

Di

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

No need to stress

Before you do anything can you say who was the original creditor, what was the debt (credit card, loan, overdraft, mobile phone etc) , year account opened and how much is the claim?

Depending on your answers that may provide clues as to the likelihood of Cabot coming up with the paperwork and any potential legal arguments if they do.

That should help you to make an informed decision on whether to write to Restons Solicitors or stay under the radar.

Di

Thank you - I *believe* (but can't be certain without the paperwork from Cabot) that it is an old Lloyds loan from 2008-ish. The claim is just over £3k.

Thanks again - really appreciate this advice and help.

[Diana M]

Re: Any help gratefully received - Cabot and Rentons

I *believe* (but can't be certain without the paperwork from Cabot) that it is an old Lloyds loan from 2008-ish. The claim is just over £3k..

Can you post up details (nothing personal) of the Particulers of Claim so it's clear what Cabot "believe" the debt relates to.

You may think it's from 2008 but do/did they have any clue when they issued the claim.

What did the last letter from Cabot say and when was it sent to you?

Some law firms have a case management system which flags up a dormant claim one year after it was issued so the situation can be reviewed. What date in October 2015 was the claim issued?

Di

[nemesis45]

Re: Any help gratefully received - Cabot and Rentons

Thanks for this Nem. I have called the court and they said that the matter was stayed in December 2015. What to do now? Will this just be held indefinitely? If it is withdrawn what happens with the debt? I am disputing this, but without the records that they claim to have, but haven't disclosed, I can't and obviously won't settle this - it's bizarre...

Thanks in advance - your help is much appreciated,

Anders.

Hello Anders,

So nearly a year in limbo!!

Two choices :

1. Leave as is and hope they find nothing bearing in mind they can pay a fee to lift the stay at any time.

2. Write to Restons and state you are going to apply to the court to have the claim struck out and you will seek the costs of the application from their client but in the interests of saving cost and court time they advise their client to discontinue the claim.

nem

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

Hello Anders,

So nearly a year in limbo!!

Two choices :

1. Leave as is and hope they find nothing bearing in mind they can pay a fee to lift the stay at any time.

2. Write to Restons and state you are going to apply to the court to have the claim struck out and you will seek the costs of the application from their client but in the interests of saving cost and court time they advise their client to discontinue the claim.

nem

]
It's awful - Are there any templates for the second option?

Thanks again - so much appreciation for this help.

[nemesis45]

Re: Any help gratefully received - Cabot and Rentons

]
It's awful - Are there any templates for the second option?

Thanks again - so much appreciation for this help.

No I don't think so.

Try something like this.

Private & Confidential

Mr Nigel Petrie Coe
Director Restons Solicitors
Address as on Claim etc.


Date...................................

Re: County Court Claim No. :
Your Client Cabot Financial UK Ltd;
Currently Stayed.

Dear Mr Petrie Coe,

I refer to the above mentioned claim which has been stayed since............................: as your client has failed to respond to my defence filed on....................:

I intend with 7 days of the date hereon to apply to the court for the claim to be struck out as it appears your client has no reasonable prospect of carrying the matter though to conclusion.
I will of course seek the cost of the application from your client.

However I suggest in the interest of saving costs and court time that you advise your client to discontinue the claim.

Should your client decide to continue with the claim it will be robustly defended.

Your prompt reply would be appreciated.

Yours etc.

Use Signed for post and check delivery date a nd signature.

nem

[Anders76]

Re: Any help gratefully received - Cabot and Rentons

No I don't think so.

Try something like this.

Private & Confidential

Mr Nigel Petrie Coe
Director Restons Solicitors
Address as on Claim etc.


Date...................................

Re: County Court Claim No. :
Your Client Cabot Financial UK Ltd;
Currently Stayed.

Dear Mr Petrie Coe,

I refer to the above mentioned claim which has been stayed since............................: as your client has failed to respond to my defence filed on....................:

I intend with 7 days of the date hereon to apply to the court for the claim to be struck out as it appears your client has no reasonable prospect of carrying the matter though to conclusion.
I will of course seek the cost of the application from your client.

However I suggest in the interest of saving costs and court time that you advise your client to discontinue the claim.

Should your client decide to continue with the claim it will be robustly defended.

Your prompt reply would be appreciated.

Yours etc.

Use Signed for post and check delivery date a nd signature.

nem

MANY thanks - will do this. I have an email address - can I email this? If I do this, should I copy it to Cabot and to the Court? Sorry for all the extra questions...

[nemesis45]

Re: Any help gratefully received - Cabot and Rentons

MANY thanks - will do this. I have an email address - can I email this? If I do this, should I copy it to Cabot and to the Court? Sorry for all the extra questions...

Hello Anders,

Personally I would use signed for post, e-mails sometimes don't ever get to the right person in the mysterious depths of the UK debt " industry"!

nem