cabot....restons solicitors......northampton countycourt " business centre" marbles.

[n100jnt]

Just joined site...what a great source of advice and helpful guidance !!, my own current challenge just received via bank of scot marbles card.....via....cabot...via restons solicitors......via northampton county court business centre.......issue date 22nd july 2014, for a sum in region of just over £10 k.......have just acknowledged service today 29th ...via recorded delivery, my next steps will be request letters cca to cabot enc £1 postal order,...cpr 31.14 request to restons solicitors ......two questions .......1/ will either of these requests reveal exact date of last payment applied to account......or is there another way to do this ? neither experian or equifax checks reveal this info !...this would provide info re statutory barring route...2/when replies come saying 40 days etc to come up with info how do i frame initial defence on court form that has to be returned by 25 th august?......a tip beware of " noodle credit file for free" !!it's a callcredit debt collecting company who use it to get current contact details to chase ...alledgedly !!
a big hearty thanks to all members and admin in advance for your time & help with my queries !!

[FlamingParrot]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

Just joined site...what a great source of advice and helpful guidance !!

Welcome to LB

, my own current challenge just received via bank of scot marbles card.....via....cabot...via restons solicitors......via northampton county court business centre.......issue date 22nd july 2014, for a sum in region of just over £10 k.......have just acknowledged service today 29th ...via recorded delivery, my next steps will be request letters cca to cabot enc £1 postal order,...cpr 31.14 request to restons solicitors ......two questions .......1/ will either of these requests reveal exact date of last payment applied to account......or is there another way to do this ?

No, neither will show the date of last payment. Even *IF* they were to supply a statement of account, it would probably just have the current balance rather than full payment details.
There's another request you could send, a Part 18 request, as per this post: http://www.legalbeagles.info/forums/...233#post388233 No fee required for the requests under the CPR. :thumb:

neither experian or equifax checks reveal this info ! ...this would provide info re statutory barring route

No, credit files are not a good indicator of SBd status. When do you think your last payment would have been made?

...2/when replies come saying 40 days etc to come up with info how do i frame initial defence on court form that has to be returned by 25 th august?......a tip beware of " noodle credit file for free" !!it's a callcredit debt collecting company who use it to get current contact details to chase ...alledgedly !!
a big hearty thanks to all members and admin in advance for your time & help with my queries !!

The 40 days applies to a SAR request under the DPA, not to requests under the CPR. The 31.14 request should be responded to in 7 days. The Part 18 gives them 14 days. If they don't respond within the timeframes, you should contact them and ask them to agree to an extension of up to 28 days, as allowed by CPR 15.5. :thumb:

[FlamingParrot]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

Just joined site...what a great source of advice and helpful guidance !!, my own current challenge just received via bank of scot marbles card.....via....cabot...via restons solicitors......via northampton county court business centre.......issue date 22nd july 2014, for a sum in region of just over £10 k.......have just acknowledged service today 29th ...via recorded delivery, my next steps will be request letters cca to cabot enc £1 postal order,...cpr 31.14 request to restons solicitors ......two questions .......1/ will either of these requests reveal exact date of last payment applied to account......or is there another way to do this ? neither experian or equifax checks reveal this info !...this would provide info re statutory barring route...2/when replies come saying 40 days etc to come up with info how do i frame initial defence on court form that has to be returned by 25 th august?......a tip beware of " noodle credit file for free" !!it's a callcredit debt collecting company who use it to get current contact details to chase ...alledgedly !!
a big hearty thanks to all members and admin in advance for your time & help with my queries !!

As your claim is over £10k, it won't be allocated to the small claims track. This means they can't fob you off by saying that Part 31 of the CPR does not apply to avoid replying to your request. It also means you *could* get legal representation under a CFA. I'd send Celestine :yo: or PT2537 :yo: a PM, :typing: they both work for solicitors Howlett Clarke and specialise in consumer credit litigation. :thumb:

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

As your claim is over £10k, it won't be allocated to the small claims track. This means they can't fob you off by saying that Part 31 of the CPR does not apply to avoid replying to your request. It also means you *could* get legal representation under a CFA. I'd send Celestine :yo: or PT2537 :yo: a PM, :typing: they both work for solicitors Howlett Clarke and specialise in consumer credit litigation. :thumb:

Hi folks, many thanks for advices so far and fast responses of such !!,have posted off letters above today ...recorded delivery....so will see what outcomes are {if any } in next 14 or so days,.....i'm keeping in reserve part 18 request which looks to be very useful. i also will use non compliance with cca request as part defence...if they can't come up with true and original signed credit agreement. i'll keep everyone posted of further developments as they happen......meantime thank again !!

[Kafka]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

The one way you can find out the last payment date is to send a SAR to the original creditor Bos/Marbles. That would give you all the existing data including the statements, and the later ower can only get that data from them anyway.
The problem is that they have 40 days to comply, so the data may not reach you until its too late for the defence. Ideally you'd send the SAR when you first get problems and especially if you get a direct threat of legal action.

[FlamingParrot]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

The one way you can find out the last payment date is to send a SAR to the original creditor Bos/Marbles. That would give you all the existing data including the statements, and the later ower can only get that data from them anyway.
The problem is that they have 40 days to comply, so the data may not reach you until its too late for the defence. Ideally you'd send the SAR when you first get problems and especially if you get a direct threat of legal action.

...which is why I suggested the Part 18 request

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

...which is why I suggested the Part 18 request

part 18 request's sent recorded delivery this morning 1st august to both cabot & restons ....they have 14 days so will everyone informed of replies many thanks !!

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

part 18 request's sent recorded delivery this morning 1st august to both cabot & restons ....they have 14 days so will everyone informed of replies many thanks !!

Hi folks , just received a reply from Restons....a long one at that .....so please bear with me......i'll regurgitate here exactly as is on the letter received.
"
Dear Sir,Cabot financial {uk} limited v.Yourself
Bank of Scotland{marbles}- Credit card.
We write in relation to the above noted matter.

We acknowledge receipt of your recent request made pursuant to part 18 of the civil procedure rules. as you should be aware,pd 18 {1.2 }states;-
" A request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet. "

We fail to see how the information/documents you have requested are " are reasonably necessary" or " proportionate" and how provision of the information/documents will assist you in preparing your case or understanding the case you have to meet. we therefore invite you to provide full details of why you require the documents you have asked for and how you expect these to assist you in preparing/understanding the case.

However, on a voluntary basis,we are advised by Cabot Financial {uk} limited that, at the time of assignment,they received confirmation from Bank of Scotland, that the last payment received towards the account was on 23 March 2009. We would suggest checking your bank statements around this time in order to verify that this is correct.

We also note from your letter that you make a request for documents pursuant to CPR 31.14. we would point out that the claim was issued via the County Court Bulk Centre which is a procedure specifically provided for in the cpr. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. paragraph5.2A of Practice Direction7E specifically states " The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using a online claimform, unless particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

We would advise however that you would have received a copy of the agreement together with the contractual terms and conditions at the time the account was opened with British Credit Trust.

Furthermore, we would remind you thatCPR31.14 states:-
" A party may inspect a document mentionedin -

{a} a statement of case;
{b} a witness statement ;
{c} a witness summary; or
{d} an affidavit "

The remaining documents you have requested are not " mentioned" in our particulars of claim and therefore CPR31.14{1} does no apply.

you state that you require the above mentioned documents to file your defence /counterclaim, however, we would point out that the particulars of claim contain sufficient information in order for you to identify what the claim relates to, in particular;
a] the outstanding balance
b] the date the account was opened
c] the name of the original creditor; and
d] the fact that the account has been assigned to the claimant

we trust this clarifies matter




Folks never had any agreement or dealings with " british credit trust " so a bit of slip up from restons paralegal ....thanks !!

Any help or advices gratefully received and acted upon...thanks in advance for such !!

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

This is a copy of the actual letter ........what does everyone make of this ????.......can see how this would make the less well informed feel a " might " overwhelmed !!

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

This is a copy of the actual letter ........what does everyone make of this ????.......can see how this would make the less well informed feel a " might " overwhelmed !!

Hi Folks, anyone had a quick look at the above post yet and if so any thoughts ??, should i go down the cpr 15? route and send further requests for documents and ask for extension 28 days etc ??

Thank you.

[Amethyst]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

Hi N100, We seem to have overlooked your post I'm so sorry, how are you doing, and please feel free to pm me if you need help.

What did you ask for in the Part 18 request ?

Sharon xx

[n100jnt]

Re: cabot....restons solicitors......northampton countycourt " business centre" marbl

Hi N100, We seem to have overlooked your post I'm so sorry, how are you doing, and please feel free to pm me if you need help.

What did you ask for in the Part 18 request ?

Sharon xx

Hi , Thanks for reply.......sent as template on this site......i've also sent a further " demand " for disclosure as reply to the long winded " body swerve " letter above that i received, i've also taken steps to fully prepare defence which i'll load to site just before i send it to court.....from the letter i received....i would summise that they dont have any documention...and i'll be asking the court to strike out the alleged debt case on this basis in part plus the failure to provide any actual evidential documents of a true and strict nature to back up aforementioned said alleged debt....on the above letter they to have two different alleged debtors......Bank of Scotland.......British credit trust.......a mistake that i will use against them i think........on the basis ..non checking of simple facts before engaging court process !!.

incidentally was having a quick browse round google having done a search for the name of director of restons solicitors........seems this guy is a very naughty boy, who may be currently getting looked at by the Magistrates of London ...in regards to some " legal recovery work " for hfc bank.....allegedly......very interesting reading !!