Restons CCJ

[stefano99]

Hi all, and thank you in advance for your help
Today I received papers from the county court business centre and restons are taking me to court to recover £3500 from a vanquish debt
I have been in contact with cabot and restons disputing the debt for some time (cabot won't even reply anymore) asking for more information. I made the CCA request over a year ago and all that I have received so far from Cabot is an account statement, which is no more than a word processor list of purchases, a generic undated and unsigned credit agreement, and a page of writing so small it is illegible; I have asked for further information and Cabot have ignored me, now I have to answer these court papers. I don't think they have fulfilled my CCA request, have they? If not, is it permissible for Restons to instigate court action? I doubt even they will reply to me now and fear that I have no options left. On the statement of account, the last user activity is November 2012 (payment and purchase) and so i'm conscious that this will become statute barred in a couple of months which may be pressing them into this action. Can anyone advise me please? I'm feeling more than a little bullied by Restons who do not seem to have coordinated with Cabot at all.
Many thanks
Ray

[Amethyst]

Could you redact and upload the documents you've received and type out the particulars of claim from the court papers pls. Also can you say what the issue date on those is pls.

The list of purchases - do you recognise those? ( ie this isn't an ID fraud or anything )#

Restons are solicitors acting for Cabot. Cabot is the claimant and Restons are the solicitors on the court papers ?

Does anything for the Vanquis account show on your credit file ? ( might tell you the default date - likely a couple months after that last payment ) and should be falling off the credit file soon ( after 6 years from default )

Also do you know when approx you opened the account ?
First Steps
Check dates
Acknowledge Claim ( with court)
CCA Request ( to Cabot)
CPR 31.14 Request ( to Restons)
Subject Access Request Letter ( to Vanquis)

[stefano99]

Thanks for the reply.
The particulars section reads "the claimant claims payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and vanquish on or about June 2008 and assigned to the claimant February 2014" After that is just the balance being claimed.
I've never seen a default notice and don't remember seeing anything on my credit file the last time I saw it (a couple of years ago)
I don't recognize the particulars on the account statement, but this is going back a number of years
It's all very vague, which is one reason i'm struggling with what I should/can do next

[Amethyst]

Okay firstly, get the claim acknowledged with intent to defend in full.

Then can you post the document's you've received ( suitably redacted of personal details )

Free ways to check the three credit reference agencies - Clearscore / MSE Credit Club / Noddle

Then you can get your CPR and a further CCA request sorted to send.... as well as a SAR to Vanquis.

They only mention the contract in the actual claim, but still ask for default notice and notice of assignment ( they can only say no ).

[stefano99]

Thanks again for the reply. Apologies for not knowing any of the jargon but all this is very knew to me.
Whether or not it shows on my credit file, how can I use that information?
I'm unsure what a CPR or SAR mean, or what they do?
So, if I acknowledge the claim with the intent to defend what will happen then?
Does that mean I have acknowledged it and have reset the statute barred limit?
Both Restons and Cabot have been very sketchy with the 'details' they have provided, is that a defense in itself?
There's no way I can afford to pay 3,500 and from what I've read Restons don't usually accept offers of payment; I don't want a ccj though as I was hoping to buy (first time) in the next couple of years. As you can imagine i'm very confused and neither Restons nor Cabot will even reply to correspondence so I don't really know what to do

[Amethyst]

First Steps
Check dates
Acknowledge Claim ( with court)
CCA Request ( to Cabot)
CPR 31.14 Request ( to Restons)
Subject Access Request Letter ( to Vanquis) ( SAR )

Have a read of the first steps post and that should clear up what the process is.

At any point through the process you can negotiate to settle by installments, probably under something called a Tomlin Order ( which means the claim is on hold in court while you make the agreed payments, but there's no judgment unless you default on the payments )

We recommend that route rather than filing an admission and offer to pay, as doing that simply gives you a CCJ with an installment order, and your aim, presumably, is to avoid a CCJ so you can make your house purchase. The debt will likely have to be declared but once it's fallen off your credit file, it will just be a monthly payment sum against a debt, as opposed to a defaulted debt or a CCJ, which is 100 times better mortgage co wise.

However, really you want to follow the first steps post, acknowledge the claim and send the CCA, CPR, SAR letters ( I've marked them in above links ) and then before the defence date deadline ( which is 33 days from the date of issue ) review matters and either file a defence or negotiate settlement. It's best to get a defence in place first as then a default judgment can't be obtained.

It would be helpful to know when you think the debt actually defaulted - if you don't know it may tell you on your credit file, should also say when the account was opened on there too. We do already know it isn't statute barred as there were payments etc in Nov 2012.

The documents you have received may well be compliant, I dont know without seeing them, but a reconstituted document is acceptable, particularly for accounts opened after 2007.

[stefano99]

thanks for this, i'll send the letters and get back to you when they reply