Reston Solicitors CPR 31.14

[gallahad]

Re: Reston Solicitors CPR 31.14

Thanks very much, I cannot access your link, doI have to be a VIP member, I only joined today.

I told you you were in good hands Kati will sort you out.
G

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Your case exactly mirrors mine except mine was pre 2007. You are in very good hands and Cabot/Restons are notorious for issuing claims when they do not have docs required for success. It would be worth reading through my thread to save yourself some time here is the link.

http://www.legalbeagles.info/forums/...ons&highlight=

Thanks for posting that up. :yo:

Thanks very much, I cannot access your link, do I have to be a VIP member, I only joined today.

VIP is subscription based, not based on length on the forum or post count, anyone can be a VIP if you decide to subscribe, as per my earlier post:

If you feel like making a donation, you may want to consider VIP membership which also gives you access to a more private area away from prying eyes.

To subscribe, go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose your preferred option. See below.

Attached Thumbnails

[Kati]

Re: Reston Solicitors CPR 31.14

Here you go :nod: ... we've a few threads on Cabot/Restons that you can read through if you want:
http://www.legalbeagles.info/forums/...hlight=Restons
http://www.legalbeagles.info/forums/...hlight=Restons
http://www.legalbeagles.info/forums/...hlight=Restons
http://www.legalbeagles.info/forums/...hlight=Restons

K xx

[lawyer123]

Re: Reston Solicitors CPR 31.14

I have already sent for the CPR and they did not send them, this is the reason I am going to ask for the CCA and then the deed of assignment and the novation because I never had any agreement with Cabot and have never paid them. They have come up all of a sudden after about 5 years and claiming this money without any evidence other than saying contract on the court claim form.

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Looking at the N1, I notice the claimant is Cabot Financial (UK) Limited. In which case this may be of interest: http://www.legalbeagles.info/forums/...sed#post583876 :grin:

[gallahad]

Re: Reston Solicitors CPR 31.14

It could well prove that Cabot has done this as at 6 years it becomes statute barred. By issuing the claim it puts the SB clock on hold.
G

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

I have already sent for the CPR and they did not send them, this is the reason I am going to ask for the CCA

Fair enough, send the CCA request to Cabot as previously noted, they should respond in 12+2 working days, otherwise the debt becomes unenforceable for as long as they don't comply. Cabot will probably send a letter saying it will take them 40 days.

and then the deed of assignment and the novation

On the CPR request you can ask for the notice of assignment which should be enough to evidence that the debt has changed hands. The deed is a commercially sensitive document that refers to a transaction between two parties that do not involve you, and it's likely to refer to more than just your account as debts are sold in job lots not individually. As for the deed of novation... there probably isn't one to start with.

because I never had any agreement with Cabot and have never paid them. They have come up all of a sudden after about 5 years and claiming this money without any evidence other than saying contract on the court claim form.

You didn't but they bought your account along with thousands of other accounts. I'd take a look at the link posted above which could be of much more significance, as it refers to them not being currently authorised by the regulator (the FCA). :thumb:

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Your case exactly mirrors mine except mine was pre 2007. You are in very good hands and Cabot/Restons are notorious for issuing claims when they do not have docs required for success. It would be worth reading through my thread to save yourself some time here is the link.

http://www.legalbeagles.info/forums/...ons&highlight=

This card was also pre-2007, the N1 says it's from 2002. :grin:

[lawyer123]

Re: Reston Solicitors CPR 31.14

Yes it is 2002.

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Thanks so much xx

[lawyer123]

Re: Reston Solicitors CPR 31.14

You really are an expert in this field, thanks so much, I checked their status and it has lapsed Cabot financial uk ltd has lapsed. I will insert that piece also on my letter.

[Celestine]

Re: Reston Solicitors CPR 31.14

May be worth you reading this recent similar thread:
http://www.legalbeagles.info/forums/...imple-question!

[lawyer123]

Re: Reston Solicitors CPR 31.14

Thank you Kati and all others for this quick response and all the information, as you suggested, I have now sent for the CCA under recorded delivery and have given them the required time to reply. Also mentioned on the letter that they in default of my CPR request. I have gone through most of the case notes you have highlighted and they were very good in deed for the fight against Cabot. I will duly update all of you as soon as I hear from Restons. I will now work on my defence which I have to submit before the 2nd of November and will be writing to the Court Manager that Cabot and their silly Solicitor Restons have broken all the laws in the financial industry, specially their trading licence has lapsed in 2015 is also quite interesting to learn how such companies operate and the calibre of people who work for them! Once again I whole heartedly thank each one of you..

[lawyer123]

Re: Reston Solicitors CPR 31.14

Hi Kati I have an update about this matter, I requested for the original copy of the credit agreement last Saturday enclosed the £1.00 postal order and now waiting for Restons to respond. In the meantime, I also spoke to a Solicitor who specialises in these credit card Agreements and I advised that Cabot Financial (UK) the Claiments's licence 472690 has lapsed since 28/02/2015. They said that this argument has been taken up and they have already informed the FSA. However, Cabot has mentioned that they are licensed through their other companies.

My question is is this legal for them to say this when they have mentioned Cabot Financial (UK) Ltd on the court claim form?

I would appreciate your views on this matter? I will be filing my defence next week and before that it would be good to have all the facts before me.

Many thanks

[FlamingParrot]

Re: Reston Solicitors CPR 31.14

Hi Kati I have an update about this matter, I requested for the original copy of the credit agreement last Saturday enclosed the £1.00 postal order and now waiting for Restons to respond. In the meantime, I also spoke to a Solicitor who specialises in these credit card Agreements and I advised that Cabot Financial (UK) the Claiments's licence 472690 has lapsed since 28/02/2015. They said that this argument has been taken up and they have already informed the FSA. However, Cabot has mentioned that they are licensed through their other companies.

My question is is this legal for them to say this when they have mentioned Cabot Financial (UK) Ltd on the court claim form?

I would appreciate your views on this matter? I will be filing my defence next week and before that it would be good to have all the facts before me.

Many thanks

A very good question! There's a bit of a debate going on here if you fancy a read: http://www.legalbeagles.info/forums/...t+unauthorised

Some people have been sending the following letters, re-quoted below for convenience. :thumb:

It may seem like a lot but it's mostly a matter of copying and pasting and just filling in the bits highlighted in red. You can do most of it by email/online. :typing:

---

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject: Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours sincerely

---

B) To be sent to Restons.

(I don't think they accept correspondence by email, you may want to ring and ask them, otherwise it will have to be posted but it certainly is worth it. :grin

Subject: Court claim xxxxxxx

Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref #######

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by xxxx and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by xxxx. I would like to draw your attention to s.39 of the Consumer Credit Act which makes carrying on activities for which a license is required without one, a criminal offence. It is also potentially contempt of court for xxxx to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in its truth.

I would point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours sincerely

---

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is 472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

---

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that Restons Solicitors have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours sincerely

[Kati]

Re: Reston Solicitors CPR 31.14

Hi Kati I have an update about this matter, I requested for the original copy of the credit agreement last Saturday enclosed the £1.00 postal order and now waiting for Restons to respond. In the meantime, I also spoke to a Solicitor who specialises in these credit card Agreements and I advised that Cabot Financial (UK) the Claiments's licence 472690 has lapsed since 28/02/2015. They said that this argument has been taken up and they have already informed the FSA. However, Cabot has mentioned that they are licensed through their other companies.

My question is is this legal for them to say this when they have mentioned Cabot Financial (UK) Ltd on the court claim form?

I would appreciate your views on this matter? I will be filing my defence next week and before that it would be good to have all the facts before me.

Many thanks

[MENTION=37786]FlamingParrot[/MENTION] linked to a thread earlier on that talks about just that issue ... I'll pop the link in again here (http://www.legalbeagles.info/forums/...censed-trading) just to make sure you find it easily

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beat me to it FP :lol: xx