Restons letter Court claim - stat barred?

[Mickkk]

Had an old m&s store card from 93-96
last year restons sent me letter after letter and i just ignored them as i believe it to be sb.. last year i sent the court my defence stating it was sb... they replyed saying the claimant had 28 days to reply to my defence.
Never heard of them and that was 1 yr ago...
today restons have sent me a letter stating its not sb as they have sent a copy of all my previous payments and it states last payment was 08/2010 . They have said if i dont retract my defence they will apply to have the stay lifted ... they have sent a n9a form ti fill in..
shall i just ignore it all as i think its scare tactics ?
thanks in advance

[Kati]

Re: Restons letter

[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Restons letter

Had an old m&s store card from 93-96
last year restons sent me letter after letter and i just ignored them as i believe it to be sb.. last year i sent the court my defence stating it was sb... they replyed saying the claimant had 28 days to reply to my defence.
Never heard of them and that was 1 yr ago...
today restons have sent me a letter stating its not sb as they have sent a copy of all my previous payments and it states last payment was 08/2010 . They have said if i dont retract my defence they will apply to have the stay lifted ... they have sent a n9a form ti fill in..
shall i just ignore it all as i think its scare tactics ?

Send a s 77-79 CCA Request to the Claimant (is it Arrow or Cabot?) with a copy to Restons solicitors asap.

This forum has a template letter here > http://legalbeagles.info/library/gui...etter-example/

Was this store card ever upgraded to a credit card around 2003?

If you've only pleaded Statute Barred and there's doubt over that, then you may need to file an amended Defence to include other legal arguments if they apply to lift the stay.

Can you provide a little more information to be able to see what's been going on. How much is the claim?

Di

[Mickkk]

Re: Restons letter

Thanks for replying di.
its just over 2k with fees.
they have sent me a copy of the original application
and a load of dates that i was paying £20 a month from 04
to 2010. There is no proof of my payments it just says personal cheque. I know i never made a payment in 2010 as i have not paid anything for nearly 15 yrs .
i did manage to get a stay from the cc but the claiment is now saying its not sb as i made a payment with the 6 yrs ... shall i ignore them ?

[Diana M]

Re: Restons letter

they have sent me a copy of the original application

Was the application form they sent you in response to a formal s 77-79 CCA Request made by you?

If it wasn't and you haven't sent one then send it asap as I've previous said.

Di

[Mickkk]

Re: Restons letter

[QUOTE=Diana M;743202]Was the application form they sent you in response to a formal s 77-79 CCA Request made by you?

If it wasn't and you haven't sent one then send it asap as I've previous said.

Whats a cca ? I have not requested anything from restons . They have just sent me a load of dates but no proof these were paid

[Diana M]

Re: Restons letter

Whats a cca ? I have not requested anything from restons . They have just sent me a load of dates but no proof these were paid

A CCA is a statutory request for documents which if not complied with renders the debt unenforceable in court unless or until they do.

See my post # 3 here where you can click on a link to download this forum's template which you need to send asap >

Send a s 77-79 CCA Request to the Claimant (is it Arrow or Cabot?) with a copy to Restons solicitors asap.

This forum has a template letter here > http://legalbeagles.info/library/gui...etter-example/

The CCA Request goes to the Claimant named on the claim form although you've not said who that is although I did ask you. Is it Cabot or Arrow (I'm guessing that shortlist)?

You need more than one legal argument in case your Statue Barred argument falls apart - then you'll have back-up

(You may need to file an amended Defence if that's the case since you've implied that you've only pleaded SB.)

Di

[Mickkk]

Re: Restons letter

[QUOTE=Diana M;743230]A CCA is a statutory request for documents which if not complied with renders the debt unenforceable in court unless or until they do.

See my post # 3 here where you can click on a link to download this forum's template which you need to send asap >





The CCA Request goes to the Claimant named on the claim form although you've not said who that is although I did ask you. Is it Cabot or Arrow (I'm guessing that shortlist)?

You need more than one legal argument in case your Statue Barred argument falls apart - then you'll have back-up

(You may need to file an amended Defence if that's the case since you've implied that you've only pleaded SB.)

Yes its cabot . I have been sent the original agreement but it was originally a m&s storecard which changed to a m&s reserve account. The agreement that has been sent to me is not the original account, its the one that had been upgraded

[Diana M]

Re: Restons letter

[Yes its cabot . I have been sent the original agreement but it was originally a m&s storecard which changed to a m&s reserve account. The agreement that has been sent to me is not the original account, its the one that had been upgraded

The M&S Personal Reserve account was a standalone loan account with a cheque book facility.

The M&S store card was a 'charge card' for use in store only.

As far as I'm aware the store cards never 'changed' into the Personal Reserve product, they only ever 'upgraded' into a credit card from 2003 onwards (and not all of them).

Please go with my suggestion to send a s 77-79 CCA Request to Cabot with a copy to Restons solicitors asap.

You say Cabot is the Claimant. What is the precise name of the Claimant on the claim form?

Is It Cabot Financial (Europe) Ltd or is it Cabot Financial (UK) Ltd? I have a reason for asking.

Di

[Mickkk]

Re: Restons letter

Its cabot (uk) ltd
what is the difference ?
I do t see the point in asking for a cca 77-79
as restons have sent me a copy of the credit agreement
correct me if i should thou.
Dont restons have to proove that i actually made these payments as they are just dates they have sent me , there is no actual proof from the bank ect . Why are they hassling me now as i have had the sb claim fir a year now ? They want me to fill in the n9a admission form .

[charitynjw]

Re: Restons letter

I do t see the point in asking for a cca 77-79
as restons have sent me a copy of the credit agreement
correct me if i should thou.

The point is that if you make a formal request via the CCA 1974 & they fail to comply &/or their response is non-compliant (eg the agreement copy/reconstituted copy is inaccurate or incomplete) then the sanction imposed by that legislation may well kick in.
If you haven't made the formal request you may lose valuable legal protection.

[Diana M]

Re: Restons letter

Its cabot (uk) ltd
what is the difference ? .

Cabot Financial (UK) Ltd is unlicensed.

Di

[Mickkk]

Re: Restons letter

So what does this mean then if they are un licensed?

[Mickkk]

Its definetley sb

Restons keep pestering me for an old m&s store card debt which i know to be sb. I have managed to stop cc proceedings as way of claiming sb. Restons have nie sent me a copy if the original application along with a load of random dates which they claim i paid via pc.
they state the last patment was in 2010.
Do they have to prove it was paid as there is no evidence just dates. Also as its a cabot uk ltd i have been informed they are not licensed, what does thus actually mean ? Shall i ignorr all correspondence? Any advicr would be greatley received

[Amethyst]

Re: Its definetley sb

which they claim i paid via pc.

sorry, what's PC ?