Restons and cabot

[remington]

Hi all new to forum so Hello before I start
this morning I received a Judgment for Claimant from St-Katherine House Northampton from Reston Solicitors acting on behalf of Cabot claiming £4630 at £77 a month first instalment to be made 27th Feb 2015 this debt as been going on since 2006 not sure what it is for because that year I got divorced and had several debts at that time what I do know is they have not been paid since 2006 it also says if I ignore this payment goods can be removed and sold I live with my partner in her house which is a council house in her name so can they remove goods from her house thanks

[nemesis45]

Re: Restons and cabot

Hi welcome,

Are you saying that no payment or written acknowledgment has been made in regard to this debt in the six years up to the date of this judgement?

[remington]

Re: Restons and cabot

to be honest I may have replied to the odd letter but I have not paid them any money in six years

[nemesis45]

Re: Restons and cabot

If those letters admitted liability they would have put the Limitation clock back the start.
You could try to get this set aside as the debt was statute barred when the claim was issued.

Did you do anything about the court documents when you received them?

[remington]

Re: Restons and cabot

I have wrote a letter to the courts and Reston telling them that I don't know Cabot they must have purchased the debt from the original lender and could they send me a copy of the original lenders contract and pointed out this is over six years ago

[remington]

Re: Restons and cabot

have I done the right thing righting to the courts

[nemesis45]

Re: Restons and cabot

No I'm afraid this is nor the correct procedure.

You must make a formal request under sections 77/78 of the Consumer Credit Act 1974 (as amended) [CCA Request]

There is a £1 statutory fee to pay (use a postal order or cheque endorsed "for statutory fee only" made payable to Cabot keep a copy of the PO/Cheque.

Cabot have 12 + 2 Working days to comply.
Use signed for post.

There is a template in the form library.
A CPR 31.14 request to Restons for them to supply al the documents mentioned in the Particulars of Claim (POC) (no fee). Template in library.

nem

[remington]

Re: Restons and cabot

ok thanks I will do that

[remington]

Re: Restons and cabot

I have just found out by looking at my credit report that the reason for Reston solicitors sending me a Judgment in default notice on behalf of Cabot is because the account was defaulted on the 27th Feb 2009 that is what it says on my credit record so correct me if I am wrong the six year period is up on the 27th Feb 2015 is that correct not a clue what credit card company it is so I have took your advice and copied the template CPR 31.14 and sent it to Restons thanks for your help on that could you let me know if that is right and what would be the next move thanks

[nemesis45]

Re: Restons and cabot

Ok what type of account was this?
Do you know when the last payment was made?
Did you acknowledge service of the claim?
State intention to defend?

nem

[remington]

Re: Restons and cabot

thanks Nem it was a credit card according to my credit history on Noodle I would think last payment made was around the default date not sure what you mean acknowledge service of claim
state intention to claim I copied CPR 13.14 and sent that to restons

[nemesis45]

Re: Restons and cabot

You say you have a judgement for claimant by default?
So did you receive a claim pack probably from the Northampton County Court Business Centre?
Dis you complete the documents enclosed or go on line to acknowledge that you had received the
claim?

[remington]

Re: Restons and cabot

to the best of my knowledge I don't remember seeing a pack come through the post the only thing I received was this Judgment in default letter from county court business centre northampton

[nemesis45]

Re: Restons and cabot

Please post up a redacted copy of the order or type it in.

nem

[remington]

Re: Restons and cabot

what is a redacted copy and how do you do that ?