CCJ from Restons Solicitors on behalf of Cabot Financial

[Amethyst]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Hi worried,

There isn't a template but as Nem says you can reply to them on the lines of 12 days please. You can also ask for an extension to the date for filing your defence at the same time. (CPR 15.5 )

And also report to the FCA that Cabot are quoting 40 days as the more complaints the more likely FCA are to do something.

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Try this.

For the Personal Attention of

Mr Ken Stannard.
CEO Cabot Financial:

Date:
Ref: use Cabots.
CC Claim No. xxxxxxxxxxx

Dear Mr Stannard ,

I am in receipt of a letter from Cabot dated xx/xx/xxxx in reply to my request made under CCA 1974( as amended) for a copy the alleged agreement relating to this matter.

Cabot's reply is inadequate and unacceptable,

I am sure that you and the staff of Cabot who generating misleading letters claiming that Cabot has 40 days to respond to a CCA Request are fully aware that the statutory time scale is 12 + 2 Working days.

It is manifestly unreasonable for Cabot to wait until the 12 + 2 Working Days time limit has expired or nearly has done so, and then
claim that it has 40 days in which to respond.

I am also aware that Cabot has claimed that this " 40 day " timescale is based on " industry guidance" please clarify where such guidance can be found.

This practice seems to be prevalent when Cabot has issued a County Court Claim and may be construed as a deliberate delaying tactic.

A copy of this letter and Cabot letter are being forwarded to The FCA immediately together with a comment on Cabot's suitability
to hold a Consumer credit Licence.

Use signed for post. Don't use a PO Box No. in the address,

nem

[worried1980]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Sooo these jokers are still trying to keep this thing alive! I have recently had two letters, the first from Cabot Financial dated 13th February 2015 saying:

Your request for information under the Consumer Credit Act - Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

We shall continue to request the information from the original lender to assist you with your request. In the meantime we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment agreement or continue your existing payment plan.

If you would like to know more about your consumer rights we recommend you contact your local CAB.

If you have any queries about your account please call one of our customer advisors on 08450260463.

The second letter is from Restons Solicitors dated 27th February 2015 saying the following:

By way of an update, we can confirm your account is now on hold whilst we await documentation in compliance with your Consumer Credit Act request.

We will be in contact in due course.


Despite the latest development or should I say lack of, they seem to still think they have a leg to stand on and trying to drag it out even longer!

How do I put a stop to this once and for all now it is clear they have no evidence to continue this saga??

[creweman]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Sooo these jokers are still trying to keep this thing alive! I have recently had two letters, the first from Cabot Financial dated 13th February 2015 saying:

Your request for information under the Consumer Credit Act - Unfortunately Cabot has not been able to provide you with the requested information within the relevant time period.

We shall continue to request the information from the original lender to assist you with your request. In the meantime we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgment or decree against you in court. However you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment agreement or continue your existing payment plan.

If you would like to know more about your consumer rights we recommend you contact your local CAB.

If you have any queries about your account please call one of our customer advisors on 08450260463.

The second letter is from Restons Solicitors dated 27th February 2015 saying the following:

By way of an update, we can confirm your account is now on hold whilst we await documentation in compliance with your Consumer Credit Act request.

We will be in contact in due course.


Despite the latest development or should I say lack of, they seem to still think they have a leg to stand on and trying to drag it out even longer!

How do I put a stop to this once and for all now it is clear they have no evidence to continue this saga??

thats strange I had a letter saying the same thing as far as I am aware as they are trying it on again and they can not take it throughout the courts.
And as I declared statured barred and legal they can not enforce this please can any tell me if this is true.
thanks

[nemesis45]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

Ok the last letter you have received was two weeks ago from Cabot and Restons a couple of days ago.
Have you started to compile a defence?

When do you think this becomes statute barred?

Did you apply/ask for an extension as Amethyst suggested?

CCA received approx. 4th January I think based on what you have said earlier, nearly 2 months bar a couple of days, if no CCA is produced by the end of this week personally I would give Crapbot/ Reston 7 days notice of intention to strike out the claim.

nem

[FlamingParrot]

Re: CCJ from Restons Solicitors on behalf of Cabot Financial

thats strange I had a letter saying the same thing as far as I am aware as they are trying it on again and they can not take it throughout the courts.
And as I declared statured barred and legal they can not enforce this please can any tell me if this is true.
thanks

I've noticed you asking similar questions on various threads but have not been able to locate a thread about your claim. To be able to help you, you really need to start a thread giving us a little history about the account and the claim you received. :typing: