Restons and cabot

[remington]

Re: Restons and cabot

Hi Flaming Parrot I found your Links most helpful but I am a little confused about my hearing at end of March on a few points

1 because I have not seen any paper work from the claimant I don't know what to put in my defence
2 do I get a chance to read the claimants case before hearing
3 or do I just attend the hearing and the judge decides on the evidence I put on my application which was never received claim form and the application form 3623 in post 53 hope this makes cense thanks for your help

[remington]

Re: Restons and cabot

bump please

[nemesis45]

Re: Restons and cabot

All documents that the claimant intends to rely upon will be disclosed at least 14 days before the hearing.
No having the " paperwork" is part of your defence.

Take look around the other Cabot/Restons Threads it will give you an idea as to what you need to do,

nem

[remington]

Re: Restons and cabot

thanks Nem

[remington]

Re: Restons and cabot

Hi All received a letter today need help I will post the letter see what you think this is just before my hearing Date end of this month

[remington]

Re: Restons and cabot

Bump please

[FlamingParrot]

Re: Restons and cabot

Hi All received a letter today need help I will post the letter see what you think this is just before my hearing Date end of this month

The bottom half of the letter is just generic rubbish about the prescribed terms having been there, something that Cabot would have absolutely no way of knowing since they are not the original creditor. :blah: :blah: :blah:

More significant is the top half of the letter, notably the part that says that they received a CPR request for documents dated Jan 28th and that you are applying for set aside on the basis that you did not receive the claim to start with. As pointed out on the letter above, the two would be mutually exclusive. Can you tell us a bit more about what happened in January, did you receive a claim? Did you acknowledge it? Did you submit a defence? Did you send a request under CPR31.14 or was it something else? :noidea:

[remington]

Re: Restons and cabot

Hi Flaming Parrot thanks for reply I received a Default CCJ from them on receiving the CCJ I wrote a request documents under 31.14 they replyed with a letter 29th January saying I would have been provided with a copy or the contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy
although your letter states that you require the requested documents in order to file a defence /counterclaim we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to namely
a ) the date the account was opened (2000)
b ) the account number
c) the outstanding balance
d) the name of original lender
e) the fact that the account has been assigned to the claimant and when it was assigned

[FlamingParrot]

Re: Restons and cabot

Hi Flaming Parrot thanks for reply I received a Default CCJ from them on receiving the CCJ I wrote a request documents under 31.14 they replyed with a letter 29th January saying I would have been provided with a copy or the contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy
although your letter states that you require the requested documents in order to file a defence /counterclaim we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates to namely
a ) the date the account was opened (2000)
b ) the account number
c) the outstanding balance
d) the name of original lender
e) the fact that the account has been assigned to the claimant and when it was assigned

So you only sent the CPR request AFTER you found out you had a CCJ by default, not before?

[remington]

Re: Restons and cabot

yes that's right after I found out about ccj I sent cpr request what would be your advice about the letter thanks

[FlamingParrot]

Re: Restons and cabot

yes that's right after I found out about ccj I sent cpr request what would be your advice about the letter thanks

They wrote with the purpose of asking you to withdraw your set aside application, you can just continue with the application. As long as you have both the letter informing you that you had a CCJ and your copy of the CPR request showing it was submitted AFTER finding out about the judgment, you should be able to explain the sequence of events in court if necessary. :thumb:

[remington]

Re: Restons and cabot

do I need to respond to there letter apart from telling them I intend to carry on with application and attend the hearing date which is set thanks for your help

[remington]

Re: Restons and cabot

bump please

[FlamingParrot]

Re: Restons and cabot

do I need to respond to there letter apart from telling them I intend to carry on with application and attend the hearing date which is set thanks for your help

There is no need to respond if you wish to carry on with your application, as they say, it was worth a try for them to write that letter which was a bit misleading.

[remington]

Re: Restons and cabot

thanks Flaming Parrot I will keep you updated