Restons/ cabot refuse to accept application for a tomlin order

[seduraed]

I have had a cc claim from British Credit trust via Cabot and and Restons . I've acknowledged the claim on line and tried to negotiate a Tomlin order . Restons have refused point blank saying that their instructions are to go for a charging order .

claim details as follows
"The defendant claims payment of the overdue balance due from the defendant under a contract between the defendant and British credit trust dated on or about 01/02/2008 and assigned to the claimant on 27/08/2013 in hte sum of 2817.78
Date ITEM VALUE
30/06/2014 dEFAULT BALANCE 2817.78
Post Refl Cr NIL

Total 2817.78



What I need is help on where to go from here . I want to defend I suspect that there isn't any paperwork.

[Amethyst]

Re: Restons/ cabot refuse to accept application for a tomlin order

More BCT, Restons and Cabot are seemingly getting all of these out of the way this week - there's two others on here at the moment.

You need to ask them for the paperwork in the usual way - CCA request and CPR 31.14 request as per http://www.legalbeagles.info/forums/...it-Court-Claim

Can you give us a bit of background to this please.

[seduraed]

Re: Restons/ cabot refuse to accept application for a tomlin order

Just had a reply from Restons as follows
We write in relation to the above noted matter and further to your letter dated 11th of August .
We note from your letter that you make a request for documents pursuant to CPR31.13.14. 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 of any enclosures. Paragraph 5.2A of Practice Direction &E specifically states "The requirement in paragraph 7.3 of practice direction 16 f0r documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form , unless the 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 togather with the contratural terms and conditions at the time account was opened with British Credit trust .

furthermore I would remind you that CPR31.14 states A party may inspect a document mentioned in
a) a statement of case
b)a witness statement
c) a witness summary
d) an affidavit

the remaining documents you have requested are not mentioned in our particulars of claim nd therefore CPR 31.14(1) does not apply
You state in your letter that yo require the above documents to file your defence/counterclaim however we would point out that the particulars of claim contain sufficient information for you to identify what the claim relates to in particular

a) outstanding balance
b) date account was opened
c) name of original creditor
d) the fact it has been assigned to the client .


etc.
signed by a legal exec

So where do I go from here ? I've sent off the Section 78 request today . not had time up to now .

[Amethyst]

Re: Restons/ cabot refuse to accept application for a tomlin order

That's fine they usually reply along the same lines. They have mentioned the CONTRACT (ie agreement) and the assignment in their POC so should be complying with that but it's okay when it comes to doing a defence we'll just say we have asked reasonably for copies of documents they intend to rely on and they have refused to send them

Definitely get the CCA request sent off today though.

[Amethyst]

Re: Restons/ cabot refuse to accept application for a tomlin order

Do you know when you last had contact with BCT or anyone about this debt? Did you have your car repossessed ?

[seduraed]

Re: Restons/ cabot refuse to accept application for a tomlin order

Last payment i think two three years ago, i did try to make some nominal payments as I was trying to rescue myself. I have paid over a third and still have the car which is the only transport for myself and more importantly for my disabled wheelchair using wife.

[seduraed]

Re: Restons/ cabot refuse to accept application for a tomlin order

I have just had two different letters from cabot and from restons . The one from Cabot says they can't find the credit agreement and have asked oc for it . The other is from restons which I am typing here as my scanner ins't working and I cant make attachments .



Dear Mr Seduraed
The court have recently servd us with a copy of you defence which we note is in a format widely circulated on the internet. We wish to make the follows coments in reponse to the issues pleaded .
1 The claim was issued via the County Court Business centre which is a procedure specifically provided for in the CPR The procedure only allows a claimant to insert brief details and does not allow for the attachement of any enclosures.
2 We not that you admit having held and agreement with xxxxx in th past . We therrfore do not understand how providing a copy of the agreement would enable you to fully pled your case . In any event, you would have received a copy of the agremnt with thecontractural terms and conditions when the account was opened .
3 You state that the the claimant has not complied with cpr 3.14 and a s78CCa request in a format which is also widely circulated on the internet ; this request ws responded to . Nevertheless we now enclose copies of correspondence prreviously sent to you by the claimant and by our client which we believe constitue a notice of assignment .

4 Although you state that without the documents yo u have requested you are unable to plead fully your claim , we do not understand why you would require these documents to prove you are liable to the Claimant when you have already acknowledeged you liability b making an offer of payment to thei firm on xxxxx
5 it appears that you do not have a genuine dispute with regards to the claim and as such ,we do not believe that your defence has any chance of success .

Now tht we have provided you with further information with regards to this claim we woould be grateful if you would confirm you are willing to withdraw your defence by completeing the enclosed form N9A and retuning it to the ffice within the next 14 days . Failing which we will recommend that an application is made to strike out the defence /for summary judgement and an order sought that you pay our clients costs asociated with this application .
alternatively yo amy wish to resolve this matter amicably without further court intervention . if this is of interest to you please put forward you settlement proposals within the next 14 days



The question is where do we go now . I earm very little and we need the car as it is my wife's sole transport .

[Amethyst]

Re: Restons/ cabot refuse to accept application for a tomlin order

What defence did you enter?

copy of your defence which we note is in a format widely circulated on the internet.

[Amethyst]

Re: Restons/ cabot refuse to accept application for a tomlin order

Anyway, without the credit agreement they cannot enforce the debt, so if you want to you can respond to them on those lines.

[seduraed]

Re: Restons/ cabot refuse to accept application for a tomlin order

Left it as they haven't produced the contract I've applied for full time job which if I get I will start going through my creditors (secured first then utilities) and clearing them up