Restons/cabot/marlin/lowell

[princealbert40]

Hello everyone
Can someone advise?
Just got papers from Northampton County Court etc re an old debt to a credit card company.
Have acknowledged court papers and now wondering best way to proceed.
Debt has been passed around for ages first to Lowell then some company I cant remember then Cabot & then Marlin and eventualy via Restons to court. Now although some considerable time has passed I do not think its six years etc. So my questions are.

1) Do they have to provide a copy of the assingment of the debt?
2) I do NOT ever remember actually signing a CCA and do NOT have a copy, so how can they provide one?
3) I am on a very low income in receipt of housing benefit & working tax credit and therefore if this persists a DRO would be the only way out other than being in debt to them for years and years?
Any help would be much appreciated.
Many thanks.

[Amethyst]

Re: Restons/cabot/marlin/lowell

Hi Prince Albert

Welcome to the forum.

As this is for a credit card then first steps should be as below
Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


Could you post the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.


Ref your questions

1) Do they have to provide a copy of the assingment of the debt? - Yes but it isn't really that fatal if they just give you a template - it basically says they have the right to claim the debt instead of the original creditor.

2) I do NOT ever remember actually signing a CCA and do NOT have a copy, so how can they provide one? You ask them under the CCA (letter linked above) It could be the application form from when you applied for the card. The should send you either a copy of the original with your signature on and all accompanying terms and conditions from the time or they are able to reconstruct the agreement so long as it is a true copy. What date did you take the card out approx?

3) I am on a very low income in receipt of housing benefit & working tax credit and therefore if this persists a DRO would be the only way out other than being in debt to them for years and years? How much is the claim? If they have all the paperwork and you then want to admit and offer to pay on the claim then the court would only order payments at an affordable amount. I'm assuming you don't own a property as you are considering a DRO.... do you have many other debts?


Hope this helps a little bit for now.

Sharon
xxx

[princealbert40]

Re: Restons/cabot/marlin/lowell

Many thanks Amethyst. I have acknowledged service by recorded delivery. I will send the letters to cabot & restons next. Lowell gave up with this and they had it first and I presume sold it on to Cabot. I am gathering the information you requested and when all together will reply more fully. Once again, thank you.

[skilganon]

Re: Restons/cabot/marlin/lowell

just to add a thought to this from your last post, ( by the way you are getting the best help possible in amethyst :thumb

you stated that lowell had this first ? have lowell ever sent you a letter stating they are the 'owners' of the debt ? or were they acting on behalf of ( as agent only ) to the OC ?