CCJ from Restons Solicitors on behalf of Cabot Financial

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a little background info too, not sure how this would help my case but this debt has been sold on to 2 other 'collection agents' prior to this (if I remember correctly: Lowell, McKenzie Hall and back to Lowell), all had a 'prove it' response from me and they would ignore my request and pass it on with Cabot being the latest to buy it and got Restons involved.

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

I am 99% certain it is SBd but what does 'stayed' mean?

Stayed means the proceedings are suspended and the only action the claimant can take is to apply to the court to lift the stay. That would happen only if the claimant didn't respond to the court after receiving your defence. Cases can be stayed for years, hence panther's suggestion to avoid a situation where the claim remains 'in limbo'. There's no need to worry about that scenario yet, they've got 28 days to reply to the court. With a bit of luck, they'll see sense and discontinue. ray: ray: ray:

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a little background info too, not sure how this would help my case but this debt has been sold on to 2 other 'collection agents' prior to this (if I remember correctly: Lowell, McKenzie Hall and back to Lowell), all had a 'prove it' response from me and they would ignore my request and pass it on with Cabot being the latest to buy it and got Restons involved.

If it's SBd, it won't make any difference how many DCAs it's been sold to. A lemon is a lemon!

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a quick update; I received confirmation of my defence today and the court said the claimant has 28 days to respond at which point if there is no response, the case will become stayed.

[panther12]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

If you're not 100% on the SB it might be an idea to request a full SAR (£10 fee) to the original lender to see what it reveals.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hi again,

right I posted my defence forms back on the 28th July and received an acknowledgement of receipt a week later, saying they will send my response to the claimant who has 28 days to reply.

it has been longer than 28 days now and still had no reply. What should I do next? Should I contact the courts? What should I say to them?

[MIKE770]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

If you're not 100% on the SB it might be an idea to request a full SAR (£10 fee) to the original lender to see what it reveals.

did you send off???

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

So today is 23/12/14 and I have received a letter from Restons Solicitors dated 22/12/14 and it says the following:

Dear Sir,

The Court has served us with a copy of the defence you filed whereby you dispute your liability the the Claimant on the basis that you believe the Claim is statute barred under Section 5 of the Limitation Act 1980. We note, however, that you have provided no information/evidence of when you believe the limitation period commenced, nor have you provided any details of when you believe you last made a payment towards the debt or when you last acknowledged your liability for the debt held.

If you are able to provide any evidence in support of your Defence e.g. a copy of the Final Demand served on you to show when the limitation period commenced/statements of account for the last 6 years to show no payments have been made towards this account etc, then please do so within the next 14 days.

In view of the above, we now invite you to withdraw your Defence by completing the enclosed Form N9A and returning to this office within the next 14 days. In the event that the Defence is not withdrawn, our instructions may be to make an application to strike out your Defence/for Summary Judgment and to seek an Order that you pay our Client's legal costs associated with that application on a contractual (indemnity) basis.

We look forward to hearing from you further.

Now firstly I never acknowledge the debt in the first place and I pointed that out in my defence to the court. Secondly because I had no knowledge of the debt, as stated in my returned defence papers, I have no accounts statements or final demand papers. Lastly why has it taken them 5 months to come up with such a response, surely there is a time limit in which they are allowed to counter me in such a way?

Please help, this is the lat thing I want on my door step at Christmas time!!

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Did you ever send CABOT a CCA request ? If not I would do so.

We will need to respond to this letter you have had from Restons but need to know a little more info first. Could do with seeing the particulars of claim from the claim form and the defence you have entered to know exactly where we are at with this.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Did you ever send CABOT a CCA request ? If not I would do so.

We will need to respond to this letter you have had from Restons but need to know a little more info first. Could do with seeing the particulars of claim from the claim form and the defence you have entered to know exactly where we are at with this.

No I've never sent a CCA request to Cabot.

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Career Development Finance Limited dated on or about 12/11/2007 and assigned to the Claimant on 11/05/2012 in the sum of 2250.00

Particulars a/c no:-

Date Item Value
30/06/14 Default Balance 2250.00
Post Refrl Cr NIL

Total:- 2250.00

The defence I replied with was a statue barred defence as per the advice given above and denied any knowledge of the debt.

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Ok, nothing to stop you sending off a CCA request now, and I would do so as a back up defence in case the SB defence falls down. Here's an outline. http://www.legalbeagles.info/forums/...y-of-Agreement

So after you took out the Career Development Finance loan in November 2007 did you make any payments at all ? If of course you know anything about this loan.

Have you ever had any thing to do with Train 2 Game, Trades Gateway, Marlborough Information Services etc ? Plumbing / Extricianing / Gaming type distance learning courses.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Ok, nothing to stop you sending off a CCA request now, and I would do so as a back up defence in case the SB defence falls down. Here's an outline. http://www.legalbeagles.info/forums/...y-of-Agreement

Who do I send this of to, is it Career Development Finance or Cabot or Restons?

So after you took out the Career Development Finance loan in November 2007 did you make any payments at all ? If of course you know anything about this loan.

Have you ever had any thing to do with Train 2 Game, Trades Gateway, Marlborough Information Services etc ? Plumbing / Extricianing / Gaming type distance learning courses.

I don't recall the loan. The name Career Development rings a bell but I've never heard of any of them other names you mentioned. I recall making an enquiry years ago about an IT learning course but it wasn't for me.

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

I recall making an enquiry years ago about an IT learning course but it wasn't for me.

That may be it then.

Definately send a CCA request - it should go to CABOT as they are the creditor by virtue of assignment.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Also the part on the claim saying the Claimant was assigned to it in 2012 is false because I spoke with Cabot on the phone around 2010/2011 on more than 1 occasion, telling them I knew nothing of the debt and asked them to prove it to me. Each time they would get very abrupt and rude, saying things like it is not their responsibility to prove that I owe the debt but it was my responsibility to prove that I didn't owe the debt. Along with plenty of other nasty verbal threats etc.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

That may be it then.

Definately send a CCA request - it should go to CABOT as they are the creditor by virtue of assignment.

Ok I'll send them one in the post tomorrow.

How should I reply to Restons request for withdrawl of my defense?