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This is wee bit longwinded but I am hoping that it covers any questions that may be posted, I'll try and summarise as below-
12/07/2011 Took out credit card with Tesco - digitally signed.
22/05/2014 Last payment on account of £70.00 left a balance of £2672.95. No further correspondence from Tesco at all, this was an online account.
Dated 24/12/2016 Cabot letter chasing this debt - duly ignored ( possibly more Cabot letters after )
Dated 05/05/2017 Pre-court letter from Restons
Dated 11/05/2017 Restons Financial statement completed online offering £50.00 per month
Dated 18/05/2017 Letter to Restons chasing offer of payment with my email address for speeding up responses.
Dated 18/05/2017 Restons refuse offer.
Dated 30/05/2017 Letter to Requesting copy of agreement, statements and any proof of deliveries, again with my email address.
Dated 05/06/2017 Restons acknowledge last letter stating that 'we are under no obligation to provide you with documentation'.
Dated 15/06/2017 Claim for £2672.95 in the CCBC plus costs of £185.00
The Claimant claims payment of the overdue balance from the defendant under a contract between the defendant and Tesco Personal Finance plc dated on or about Jul 12 2011 and assigned to the claimant on Nov 16 2016.
Defence filed online and in a panic!-
I have not received a copy of the the credit agreement nor any invoices/transactions.
I had no recollection of an account with Tesco!
Dated 04/07/2017 Restons letter, various comments including-
'In line with the terms and conditions of the credit agreement, the original creditor had a contractual right of assignment. I CAN'T FIND ANY SUCH STATEMENT IN THE CREDIT AGREEMENT OR TERMS AND CONDITIONS. I checked this after receiving the copy agreement from Restons.
We are not aware of any properly constituted request having been made pursuant to S77/78 of the Consumer Credit Act 1974. Please therefore provide us with evidence that a valid request has been made to the creditor and that the appropriate statutory fee has been paid.
Dated 18/07/2017 Statutory request made under the CCA 1974 S77/78 to Restons and Cabot.
Dated 24/07/2017 Restons acknowledge request.
Dated 30/08/2017 Restons letter, with credit agreement ( tick for a signature ). Statements ( never received before ), no default notice and several letters from Cabot.
Dated 05/09/2017 I request by letter to Restons a copy of the original signed credit agreement.
Dated 11/09/2017 Restons replied stating the agreement was signed electronically and are awaiting instructions from their clients.
Dated 05/01/2018 Restons offering settlement of £1428.97.
Dated 14/05/2018 Letter to Restons requesting a credit agreement with my signature on and a copy of the deed of assignment.
Dated 14/06/2018 Restons demanding that I withdraw my defence otherwise they would apply to strike out my defence.
Dated 18/06/2018 Letter to Restons requesting a credit agreement with my signature on and a copy of the deed of assignment.
Dated 22/06/2018 Restons stating that electronic copy of credit agreement is legally valid and the deed of assignment is confidential and it would be a breach of data to provide it. Again they demand the defence is withdrawn.
Dated 25/06/2018 Letter to Restons requesting a redacted copy of the deed of assignment to prove Cabot's ownership of the debt. I also ask them to quote case law that supports their right to withhold evidence.
Dated 04/07/2018 Restons state their position remains the same.
Dated 24/07/2018 Restons apply to have the defence to be struck out ex-parte and further costs of £1179.00
Dated 27/07/2018 I put a statement into court, stating all the points above requesting that the deed of assignment be produced and that the hearing is not ex-parte.
The only thing omitted from my statement was there was that there was no mention of the creditors right to assign the debt.
Court hearing 05/09/2018 to hear Restons application for costs and striking out of my defence.
This is wee bit longwinded but I am hoping that it covers any questions that may be posted, I'll try and summarise as below-
12/07/2011 Took out credit card with Tesco - digitally signed.
22/05/2014 Last payment on account of £70.00 left a balance of £2672.95. No further correspondence from Tesco at all, this was an online account.
Dated 24/12/2016 Cabot letter chasing this debt - duly ignored ( possibly more Cabot letters after )
Dated 05/05/2017 Pre-court letter from Restons
Dated 11/05/2017 Restons Financial statement completed online offering £50.00 per month
Dated 18/05/2017 Letter to Restons chasing offer of payment with my email address for speeding up responses.
Dated 18/05/2017 Restons refuse offer.
Dated 30/05/2017 Letter to Requesting copy of agreement, statements and any proof of deliveries, again with my email address.
Dated 05/06/2017 Restons acknowledge last letter stating that 'we are under no obligation to provide you with documentation'.
Dated 15/06/2017 Claim for £2672.95 in the CCBC plus costs of £185.00
The Claimant claims payment of the overdue balance from the defendant under a contract between the defendant and Tesco Personal Finance plc dated on or about Jul 12 2011 and assigned to the claimant on Nov 16 2016.
Defence filed online and in a panic!-
I have not received a copy of the the credit agreement nor any invoices/transactions.
I had no recollection of an account with Tesco!
Dated 04/07/2017 Restons letter, various comments including-
'In line with the terms and conditions of the credit agreement, the original creditor had a contractual right of assignment. I CAN'T FIND ANY SUCH STATEMENT IN THE CREDIT AGREEMENT OR TERMS AND CONDITIONS. I checked this after receiving the copy agreement from Restons.
We are not aware of any properly constituted request having been made pursuant to S77/78 of the Consumer Credit Act 1974. Please therefore provide us with evidence that a valid request has been made to the creditor and that the appropriate statutory fee has been paid.
Dated 18/07/2017 Statutory request made under the CCA 1974 S77/78 to Restons and Cabot.
Dated 24/07/2017 Restons acknowledge request.
Dated 30/08/2017 Restons letter, with credit agreement ( tick for a signature ). Statements ( never received before ), no default notice and several letters from Cabot.
Dated 05/09/2017 I request by letter to Restons a copy of the original signed credit agreement.
Dated 11/09/2017 Restons replied stating the agreement was signed electronically and are awaiting instructions from their clients.
Dated 05/01/2018 Restons offering settlement of £1428.97.
Dated 14/05/2018 Letter to Restons requesting a credit agreement with my signature on and a copy of the deed of assignment.
Dated 14/06/2018 Restons demanding that I withdraw my defence otherwise they would apply to strike out my defence.
Dated 18/06/2018 Letter to Restons requesting a credit agreement with my signature on and a copy of the deed of assignment.
Dated 22/06/2018 Restons stating that electronic copy of credit agreement is legally valid and the deed of assignment is confidential and it would be a breach of data to provide it. Again they demand the defence is withdrawn.
Dated 25/06/2018 Letter to Restons requesting a redacted copy of the deed of assignment to prove Cabot's ownership of the debt. I also ask them to quote case law that supports their right to withhold evidence.
Dated 04/07/2018 Restons state their position remains the same.
Dated 24/07/2018 Restons apply to have the defence to be struck out ex-parte and further costs of £1179.00
Dated 27/07/2018 I put a statement into court, stating all the points above requesting that the deed of assignment be produced and that the hearing is not ex-parte.
The only thing omitted from my statement was there was that there was no mention of the creditors right to assign the debt.
Court hearing 05/09/2018 to hear Restons application for costs and striking out of my defence.
Apologies you haven't had a reply up to now - holiday time I guess xx
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