Hi
Sorry for late reply, my shift patterns are all over. I have not heard any more from Restons or Cabot other than last letter one from Cabot on 22/9 informing me of extra costs added for legal fees and the one from Restons dated 27/9. I contacted court today and was informed that the case was stayed. Do I leave well alone or write to them. Should I tell them I stand by my defence or contact court myself to strike out their defence or is it too soon for that.I'm sorry it wont let me upload any documents. Any advice will be much appreciated please
thank you
kind regards
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Ok - first whats the couple of days for ? the arbitrary deadline Cabot/Restons have given you ? You've not received any response to your defence as yet since submitting to the court, no directions questionnaire etc ? What date did you submit your defence?
Documents wise - I think you're saying that Cabot have sent a copy agreement, and that you also got a copy agreement from Vanquis under the SAR - but that the signatures/documents don't match ?
They haven't provided Default Notice or Notice of Assignment?
The 'defence has no hope, complete N9A' etc is a standard response on receipt of defence.
Maybe list what documents have actually been received?
If you can post the particulars of claim, the defence you entered, and if you can do pictures of the documents you have received we'd have better chance of working out your exact position.
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Hi guys, any advice please I'm down to my last couple of days, should I respond to Restons or see if it gets stayed, please can anyone help thank youLeave a comment:
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Hi thank you for replying excuse my late reply, I work 12 hour shift pattern 24/7. It was from the SAR to Vanquis, I contacted Cabot last October, it does contain terms but on both paperwork from Vanquis or Cabot no name and address is readable and on the application form a signature as appeared that looks like it as been stuck on which is not the same as the paperwork received from Cabot. Vanquis paperwork says account was passed to moorcroft on 13.01.16 and then sold to Cabot on 30.06.17. Not sure if it would tell me if any default letters etc were sent out it does not mention any other correspondence.
many thanks for your replyLeave a comment:
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Ok can you upload the agreement please - does it contain all the terms ? and it's not clear, but was that in response to your CCA request to Cabot, or your SAR to Vanquis?Leave a comment:
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Okay, that letter stands like the standard fayre- I'll have a look back through your thread.Leave a comment:
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Hi guys
please is anyone of there who can help I'm running out of time and desperately need help thank youLeave a comment:
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Admin please merge to here: http://legalbeagles.info/forums/foru...-cabot-restonsLeave a comment:
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Hi,
I'm battling against Cabot and Restons solicitors, they are trying to get a CCJ for an alleged credit card agreement. I have previously posted on here but really not sure what to do now. I have sent my defence to court and they have passed to Restons. My defence, I have to never acknowledged this alleged debt to Cabot, I requested Deed of assignment, default notice and all other documents they have to collaborate the claim they think they have against me, I sent a SAR to alleged credit card company. Documents received was no Deed of assignment, they say I can't see it has it contains personal information of other individuals and would breach data protection. They claim I received a Notice of Assignment, they sent me a copy of a letter that didn't state the true intentions of the document. The alledged agreement doesn't have clear name and address on it which is unreadable as is the document from credit card company SAR request. They say Default Notice was served prior to account being assigned to the claimant and the claimant has the right to terminate the Credit agreement by serving a termination notice so my argument about non-service of the a valid defaul notice won't help me.
They go on to say my defence as no real prospect of success and they will advice client to strike out my defence and enter a judgement against me. They want me to fill in form N9A or maybe there client will accept a reasonable settlement for alledged debt. I have 14 days to respond, in another 12 days or so unless Restons contact the court to proceed the case will be stayed.
Please do I respond need help
many thanks -
Hi guys,
county court business centre have got in touch, not sure if this is legit I'm not trusting of Restons, I plan to defend this so will be sending the acknowledgement of service, I still didn't receive a default notice at, any advice pleaseLeave a comment:
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Okay looks pretty normal actually
- so you responded by June 25th and asked them for documents, they had 30 days to respond, but haven't as yet, so you are pretty much just waiting on their next steps to see if they decide to either produce documents or try a court claim. They don't seem to have responded to the CCA request at all, just sent the copies of the notice of assignments - no default notice ( do you know when it defaulted ? does it show on your credit file ?)
It does all seem quite recent, the card was taken out in 2013? so you're not looking like it being statute barred at all ( unless you took the card out, spent about £1k and never paid anything back and it defaulted almost immediately )
Really you're waiting for their next move I'm afraid, your CCA request was a simple request under section 78 of the CCA 1974 with a £1 statutory payment ? ( just checking there wasn't anything weird in it ).
It is likely to be a court claim next but hopefully your letters will mean they think twice about that as they know you will argue for the documents.
Something I would do though is send a Subject Access Request ( Data protection Act / GDPR ) to Vanquis to see what your position might be should Restons/Cabot come up with documents.
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