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Me v Cabot/Restons

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  • #16
    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.

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Thank you so much for replying, not sure of next move.

      Comment


      • #18
        I will see what I can upload thank you so much

        Comment


        • #19
          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

          Comment


          • #20
            up to them if they pay to get going again sit on your hands for now

            Comment


            • #21
              Thank you for reply, the alledged debt would be statue barred in June 2019, would this still apply if the case is stayed
              kind regards

              Comment


              • #22
                Hi guys, any help please Restons have returned, I received another letter 2 month's ago from Restons threatening to lift the stay which as been in place since September 2018, unless I withdraw my defence, I did reply to stay I stand by defence details already submitted in September, Prior to that I requested a SAR from Vanquish, no evidence of a default notice received from them or any dates of default. I received another letter from Restons with a default notice on unheaded paper apparently from Vanquish and a copy of the letter I received from Vanquish. I have 14 days to withdraw,
                Can Restons request a SAR or other personnel letters without consent due to new data guidelines and a default notice must be on headed paper to stand up in court is this correct and should a termination notice be provided. I'm also unsure of a SAR should provide dates or evidence of defaults etc. I'm currently sending a cpr31. 14 to restons
                please any advice would be greatly received
                Kind regards

                Comment


                • #23
                  What are the dates on the default notice ? ( date of letter and date by which you had to pay the arrears )

                  Yes the debt owner can obtain info about the debt from the original creditor. They can't send a SAR though, that's for you to do. Did you send one? Does the default date scan with the default notice date ?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Thank you for replying they say default date is 27th November 2015, which is only the date they sent it, it has no other dates on it other than them wanting payment by 16th December. I sent SAR request to vanquish didn't receive any default info with this. Restons sent me what looks like a SAR.

                    Comment


                    • #25
                      These are letters received as default I've had to crop it to fit sorry. Thanks again for any advice
                      kind regards

                      Comment


                      • #26
                        Originally posted by Cove0703 View Post
                        These are letters received as default I've had to crop it to fit sorry. Thanks again for any advice
                        kind regards
                        The documents attached are not very helpful. we will need to see the whole document, minus any personal details, as t here are some very important words that may have been missed.
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.

                        Comment


                        • #27
                          I had to crop it to fit, I covered my details the rest of the document would have to come in 2 halfs, I'll try again thank you

                          Comment


                          • #28
                            Email it to me if it's easier - admin@legalbeagles.info and I'll redact and post it for you xx
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Thank you I will do it now

                              Comment


                              • #30
                                Hi Amethyst, I think I've sent them, if not I'll try again
                                many thanks

                                Comment

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