Restons and cabot

[remington]

Re: Restons and cabot

Hi all I could do with a little help please to my last reply thanks

[Amethyst]

Re: Restons and cabot

No you shouldn't have 2 defaults. You should only have the original default, which can be taken over by a second company if they take over the debt, but the default date should not change. However the CCJ will show up on your file, but not as a default. You'll need to take that up with the CRA's but I'd get the court claim sorted first.

You will have to say that you didn't receive the claim form and detail a bit as to why - have you received other letters from the claimant but not the court claim ? is there any reason they should have sent it to the correct place (eg you'd informed creditors of new address etc) or just had nothing until you found out about the default judgment ? You will have to enter a draft defence with the set aside application - that you don't recognise the debt, have asked for more information etc should be fine to have enforcement put on hold, but if you have any positive assertions to make (that this isn't your debt/you don't owe the debt etc) that would of course be better. Sounds like we don't have statute barred as an argument.

Who was the original lender ? might help work out the chances of actually defending this.

If you do agree with the debt then you could apply to vary the judgment order if the £77 is not affordable. It is unusual to get an instalment order without having replied to a court claim and £77 isn't a bad instalment order to get on a £4k claim.

[remington]

Re: Restons and cabot

I have had letters from the claimant in the past is it the claimant who sends the claim forms to defend or is solicitor or the courts reason I ask would it not be in there benefit not to send them. reading on here about tricks Ristons get up to they have had this address since 2005 thanks for you time and help Amethyst

[Amethyst]

Re: Restons and cabot

Usually it would be the court, if the claimant or OC have had your address since 2005 then you should have no problem asking for a set aside. If you have a case number you should ring the court and ask them about the CCJ and where it was sent to.

Who was the original debt with?

[nemesis45]

Re: Restons and cabot

Mu guess is that you have an updated entry (by Cabot) and the original creditors entry showing a zero balance, and the 2014 date is the date the entry was updated by Cabot.
The displaying of both entries on the file has been queried with the ICO (by me) and it is not considered a problem as long as the OC's entry shows the default as " settled/satisfied" with a zero balance and the new updated entry shows the same balance and the dame default date, thus showing the actual progress of the account.
Some creditors will remove the original entry if asked.

nem

[remington]

Re: Restons and cabot

thank you for your replies as I have said I am not clear as to who the original Lender is Nemesis what is ICO AND OC,S As I am thick when it comes to Legal matter I have just been filling out N244 and application for fee remission you need to be a Barrister very hard for people like me when your not used to computers or the lingo are you saying the Default on my Noodle account the one just been put on there by Cabot is not the CCJ and can be removed? thanks

[nemesis45]

Re: Restons and cabot

Information Commissioners Office (ICO) OC Original Creditor.

You have two entries 1 made by the Original Creditor which should be showing "settled/satisfied with a Zero balance, you then have Cabot's entry
Which will show the date the entry was made (last updated) the balance being the same as the original entry and most importantly the same default date as shown on the original entry.
The ICO sees no problem with the "double entry" display.
You can ask for the original entry to be removed this at the discretion of the creditor.
CCJ's show in the " Public Information" section of the credit file.
nem

[remington]

Re: Restons and cabot

Thanks Nem

[remington]

Re: Restons and cabot

Hello all new development in last couple of days I have found the debt is a debt on a credit card (capital one) account opened in 2000 a default put on my file in 2009 I have since applied for Judgment set aside in May 2010 I requested to see my original Agreement they sent me on the 25th May 2010 a copy of a Application Certificate form 3623 dated 2000 with no numbers or repayment no amount of repayments no frequency of repayments no dates of repayments. and a separate sheet of standard terms and conditions they then wrote a letter on the 7th June 2010 we refer to previous communications regarding the account detailed opposite as discussed we enclose a copy of the terms and conditions for this account we trust this is of assistance.
Where I wrote back on the 14th June 2010 drawing there attention to section 61 Consumer Credit
waiting on result of Judgment set aside decision what do you think

[nemesis45]

Re: Restons and cabot

Hi Remington,

What date in 2009 was the default placed?
Were letters " without admission of liability"?

nem

[remington]

Re: Restons and cabot

Hi Nem the default was placed on my file 27/2/2009 yes without admission

[nemesis45]

Re: Restons and cabot

[QUOTE=remington;513932]Hi Nem the default was placed on my file 27/2/2009 yes without admission[/QUO.

Sorry internet problems half a post of me thinking aloud.
App for set aside 2010 ?
Was this app heard?








So they are just in time with the claim.

[remington]

Re: Restons and cabot

yes but they have stuck on me a CCJ which I am trying to set aside ?

[remington]

Re: Restons and cabot

the application for set aside was made 28th feb 2015 still waiting for reply but how as Ristons been granted default CCJ against me would they not have to prove to Judge they have the Original Agreement because I thought without that they cannot enforce the Debt thanks

[Streetwise]

Re: Restons and cabot

the application for set aside was made 28th feb 2015 still waiting for reply but how as Ristons been granted default CCJ against me would they not have to prove to Judge they have the Original Agreement because I thought without that they cannot enforce the Debt thanks

Hang on its only the 3rd of February 2015,my interpretation of this was that Restons had a default judgement as you had not responded to the original claim please confirm this.