Restons&cabot court claim

[Kazj84]

Hi, I received a court claim in December from restons for an old loan, I believe the last time I paid this was in April 2009. The original loan for from everyday loans in 2008.
I send the suggested letters to both Cabot and restons. Cabot have never responded to my letters but did cash the £1.00 sent to get my information, (surly this is is wrong, they cashed it but did not supply me the information).

I filled my defence as suggested from here but today I received a letter from restons as attached.
I'm not sure how to respond to them?
No one has sent me any proof of this loan or letters previously sent just lots of "you SHOULD have received this" this is a simple debt collection

please help how do I proceed?
Thanks

[Kati]

Re: Restons&cabot court claim

Hi Kaz ... Welcome to LB!
I'm sure you'll get lots of advice from the knowledgeable Beagles

K xx

[nemesis45]

Re: Restons&cabot court claim

Remind Cabot/Reston that irrespective of what one might have received in the past they have a statutory obligation to supply the document (s) requested under sections 77/78 1974 and until a compliant agreement is produced the alleged debt is unenforceable.

nem

[Streetwise]

Re: Restons&cabot court claim

Hi, I received a court claim in December from restons for an old loan, I believe the last time I paid this was in April 2009. The original loan for from everyday loans in 2008.
I send the suggested letters to both Cabot and restons. Cabot have never responded to my letters but did cash the £1.00 sent to get my information, (surly this is is wrong, they cashed it but did not supply me the information).

I filled my defence as suggested from here but today I received a letter from restons as attached.
I'm not sure how to respond to them?
No one has sent me any proof of this loan or letters previously sent just lots of "you SHOULD have received this" this is a simple debt collection

please help how do I proceed?
Thanks

Post up your defence,if they don't supply the information you have requested apply to the Court to have their Claim struck out, they know the rules,and ask for the cost of your application .

[Kazj84]

Re: Restons&cabot court claim

Post up your defence,if they don't supply the information you have requested apply to the Court to have their Claim struck out, they know the rules,and ask for the cost of your application .

thanks my defence was

I received the claim XXXXXXX from Northampton County Court on 16^thDecember 2014

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

The Claimants statement of case states that the account was assigned from Everyday loans to Cabot on14/4/2008. The Defendant does not recall receiving notice of this assignment.

It is denied that Everyday loans served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

On the 27/12/14 I sent a formal request for a copy of the original agreement to Cabot pursuant to section [77/78] of the Consumer Credit Act 1974 along with the statutory £1 fee. The fee has been cashed but no response received. A second request was sent on 12/1/15 still no response.

The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

Restons or Cabot has not sent any of these requested documents to the defendant.

I have asked Restons and Cabot if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but Restons have declined, Cabot failed to respond to any letters.

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed K Armstrong

hope this was ok :-/

[Kazj84]

Re: Restons&cabot court claim

Do I need to reply to their letter? If so what shall I say?
Thanks

[nemesis45]

Re: Restons&cabot court claim

See post 3#

nem

[Kazj84]

Re: Restons&cabot court claim

See post 3#

nem

Is that all I put?
Do I do anything about the fact that Cabot cashed my £1.00 fee for the information yet never responded to my two letters?
Thanks

[nemesis45]

Re: Restons&cabot court claim

Dear Crapbot, /copy to Reston Actually address the Cabot letter to Ken Stannard CEO Cabot.

Ref: CC Claim No xxxxxxxxxxxxxx

I refer to my request made under section 77/78 of CCA 1974 dated xx.xx.xxxx with which Cabot has to failed comply stating that documentation would have been provided to me in the past.
You are reminded that Cabot is obliged to supply the documents requested under the act despite what Cabot claims was provided by the original creditor.
Cabot has however cashed the statutory fee whilst failing to comply with the request.

This matter remains unenforceable until the documents are forthcoming.

This letter and Cabot/Restons correspondence is being forwarded to the FCA for information together with a comment on Cabot's fitness to hold a Consumer Credit Licence.

signed for post.

[Kazj84]

Re: Restons&cabot court claim

Dear Crapbot, /copy to Reston Actually address the Cabot letter to Ken Stannard CEO Cabot.

Ref: CC Claim No xxxxxxxxxxxxxx

I refer to my request made under section 77/78 of CCA 1974 dated xx.xx.xxxx with which Cabot has to failed comply stating that documentation would have been provided to me in the past.
You are reminded that Cabot is obliged to supply the documents requested under the act despite what Cabot claims was provided by the original creditor.
Cabot has however cashed the statutory fee whilst failing to comply with the request.

This matter remains unenforceable until the documents are forthcoming.

This letter and Cabot/Restons correspondence is being forwarded to the FCA for information together with a comment on Cabot's fitness to hold a Consumer Credit Licence.

signed for post.

Thanks so so much for your help, I will send this letter on Monday recorded delivery

[nemesis45]

Re: Restons&cabot court claim

No problem, happy to help!

nem

[Kazj84]

Re: Restons&cabot court claim

Hi, I have not heard from anyone since I posted the letters advised on 2/2/15? What happens next?
Thanks

[Streetwise]

Re: Restons&cabot court claim

Hi, I have not heard from anyone since I posted the letters advised on 2/2/15? What happens next?
Thanks

Sit tight.

[Kazj84]

Re: Restons&cabot court claim

I have still not heard anything from anyone, do I contact the court to inform them of this?
Thanks

[nemesis45]

Re: Restons&cabot court claim

Cabot/Reston like to delay matters as much as possible to keep alleged debtors stressed and worried.
Maybe worth a quick call to the court to see if there is any development e.g. claim has been stayed.

It is Not wise to just " sit tight " more than a month has elapsed with out contact, so no agreement produced
the debt is unenforceable until Cabot come up with it.

nem