CCJ from Restons Solicitors on behalf of Cabot Financial

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

So I'd send something along these lines to Restons as well as the CCA to Cabot.



Dear Sirs

Thank you for your letter dated xx December 2014. Your clients bought the claim against me in September 2014 and I entered a full defence to their claim. Your client failed to respond within 28 days and the court stayed your clients claim due to the failure to respond. Your client will now need to apply to the court to proceed with the claim. Bearing in mind it is now five months later and I have still received nothing evidencing there ever existed any agreement or debt owed to your clients I am quite surprised that you expect me to change my pleadings at this stage.

As indicated within my defence I do not know what this debt is, have no record of any payments being made to the claimant, or to the alleged original creditor, and believe any debt would be time barred by virtue of section 5 of the Limitation Act 1980. Despite your letter stating otherwise, I am sure your client is fully aware that he thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it, not for you to prove you don’t. You have given no information to make me change my position on this whatsoever.

I have requested a copy of the orginal credit agreement from your client as creditor pursuant to s.77 of the Consumer Credit Act 1980 and have yet to receive any response.

Should any application be made to strike out my Defence, or request Summary Judgment, that application will be defended.

I would suggest your Clients consider withdrawing their claim again me as it appears to have no foundation.

Kind regards

xxxxxxxxxx

[Amethyst]

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.

We can use that if they do try and apply to strike out your defence ( which is unlikely .... they do send this ' sign the N9A ' type letter a LOT and hardly ever apply to court when it is rebutted )

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Thank you for all your help. As always I will keep this thread updated of any new information.

[spirit2534]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Just a note: in the case of statue barred debts surely it up to the claimant to prove it is not statue barred rather than the other way round.

With regard to cost, I assume this is on the small claims track where costs are rarely awarded.

It seems that Reston are trying it on. Since the case would have been stayed by the court if Restons had not responded to the defence within 28 days.
Have Restons applied to the court to have the stay lifted, has the court agrred.?

Perhaps others more familiar with Court procedure any comments?

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Included that in the letter back to Restons Spirit xx

Despite your letter stating otherwise, I am sure your client is fully aware that the thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it"

tho reading it back my grammar is terrible in that ! sorry worried xxx


and no Reston's haven't applied to lift the stay, I think this is likely their last ditch attempt to intimidate defendants into payment before closing the file, they do it quite a lot.

[creweman]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Thank you for all your help. As always I will keep this thread updated of any new information.

Hello merry xmas sorry to bother you but I received a court notice on xmas eve with the same people but need advice asap if possible

[creweman]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hello merry xmas sorry to bother you but I received a court notice on xmas eve with the same people but need advice asap if possible

Please Please can you help me

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hello merry xmas sorry to bother you but I received a court notice on xmas eve with the same people but need advice asap if possible

Hi, it seems you are one of many who have received an Xmas claim from Crapbot.

Please post up the details of the claim and the history of the alleged debt.

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Included that in the letter back to Restons Spirit xx tho reading it back my grammar is terrible in that ! sorry worried xxx


and no Reston's haven't applied to lift the stay, I think this is likely their last ditch attempt to intimidate defendants into payment before closing the file, they do it quite a lot.

Letters sent to Restons and a CCA request sent to Cabot on Friday 02/1/15.

What if after 12 working days Cabot don't respond or come up with an excuse why they haven't/can't send me any documentation?

Is there any point I can have this binned by the courts to stop them dragging it up every 6 months?

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

A ploy successfully used is to write (after a claim has been discontinued) to the solicitor for the claimant respectfully suggesting that the file should now be closed on the claim as the matter has been through so many hands in the past without any proof of the alleged debt being provided by any party.
In order to avoid further waste of effort and potential waste of court time and costs the alleged debt should not be sold to any 3rd party.

[gary11]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Included that in the letter back to Restons Spirit xx tho reading it back my grammar is terrible in that ! sorry worried xxx


and no Reston's haven't applied to lift the stay, I think this is likely their last ditch attempt to intimidate defendants into payment before closing the file, they do it quite a lot.

Sorry for the hijack (Iwill start another thread if you would rather but its very similar)I had a similar letter for a historic credit card debt with Lloyds and have now been through 3DCA all of which i ignored, I HOPE YOU CAN PLEASE HELP! I too have now had papers including a Claim form from the Northampton Business center I have filed an acknowledgement of service online on time and am wondering to go Statute Barred as its quite close,as a background I had a issue with the debt involving the obudsman which I won but was not adequately compensated hence I stopped paying,is it best to defend all on onus of proof or argue this point further as a defence needing a counterclaim?
Thanks so much for any help you may be able to give
Please help as I'm very worried about this,Lloyds have ruined my mortgage,my life insurance and my pension the fiasco with the card being the final straw!

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Right getting fed up with this now!
Sent a CCA request on the 2nd January giving them 12 days notice with postal order. Today is 19th and a letter arrived from Cabot which they have dated 14th saying the following:

Thank you for your request for information under the Consumer Credit Act 1974. Cabot Financial currently does not have this information on file. However, we have requested the relevant information under section 77 and/or 78 of the Consumer Credit Act 1974 from the original lender.

We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Please call one of our customer advisors if you wish to discuss this further.


Do I have to another 40 days for them to keep giving me the run around?
What do I do now?

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Respond to Cabot along the lines of.
I am sure Cabot is fully aware that the statutory time scale for a request made under sections 77/78 of CCA 1974 is 12 + 2 Working
Days and not 40 days.

I am aware that this is a standard reply from Cabot designed to mislead alleged debtors.
A copy of this letter is being forwarded to the Financial Conduct Authority together with a comment on Cabots fitness to hold a consumer credit licence.

You certainly don't have an extra 40 days this is frankly an underhand con by cabot

Please do send the letter to the FCA Cabot cannot be allowed to continue " rewriting" statutory time scales to suit itself.

nem

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Are there any templates for dealing with this stage of the development?

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

The simple letter in post 43# for now.

When do you think the debt would have become statute barred?

Remember that the 6 year clock stops on the date the claim was issued.

nem