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CCJ from Restons help

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  • #1

    CCJ from Restons help

    Hi I am looking for some advice. Here is what has happened so far.
    25/01/16- received letter before action from Restons solicitors.
    29/01/16 - sent CCA request to Cabot with a £1 postal order signed for delivery.
    01/02/16- Cabot received and signed for CCA request.
    16/01/2016- received CCJ.
    Cabot/Restons on behalf of Capitol one
    Debt: 300.65
    Default Date: November 2010
    I acknowledged the claim online and have made note of the date I need to file a defence.

    I still have not had any response from Cabot regarding my CCA. I also intend to send a CPR:13 to Restons tomorrow, signed for delivery.

    My questions are;
    Should I be concerned I have not heard back from Cabot regarding my CCA request? Do I need to do anything in regards to this?
    Is thier anything else I need to do before my defence filing deadline?

    I would really appreciate any help anyone can offer me.
    Tags: None
  • #2
    Re: CCJ from Restons help

    Originally posted by Squreby View Post
    Hi I am looking for some advice. Here is what has happened so far.
    25/01/16- received letter before action from Restons solicitors.
    29/01/16 - sent CCA request to Cabot with a £1 postal order signed for delivery.
    01/02/16- Cabot received and signed for CCA request.
    16/01/2016- received CCJ.
    Cabot/Restons on behalf of Capitol one
    Debt: 300.65
    Default Date: November 2010
    I acknowledged the claim online and have made note of the date I need to file a defence.

    I still have not had any response from Cabot regarding my CCA. I also intend to send a CPR:13 to Restons tomorrow, signed for delivery.

    My questions are;
    Should I be concerned I have not heard back from Cabot regarding my CCA request? Do I need to do anything in regards to this?
    Is thier anything else I need to do before my defence filing deadline?

    I would really appreciate any help anyone can offer me.
    Good evening, welcome to LB.

    It's CPR 31 .14 request you send to the solicitors.

    Do not chase the CCA request, non compliance renders the debt unenforceable until
    the agreement has been supplied.

    The debt has been sold to Cabot by Capital One. C1 has no further interest in the debt.

    What are you intending to use in defence?

    nem

    Comment

    • #3
      Re: CCJ from Restons help

      Thanks for your reply. My defense is that I don't agree the debt is mine as I have never had a Capitol one card.

      Comment

      • #4
        Re: CCJ from Restons help

        Originally posted by Squreby View Post
        Thanks for your reply. My defense is that I don't agree the debt is mine as I have never had a Capitol one card.
        Ok, what information do have to support your defence?

        Have you checked your credit files for this debt?
        You can check Noddle Free Online.

        nem

        Comment

        • #5
          Re: CCJ from Restons help

          Please post the details of particulars of claim (without any personal information) so we can see which documents have been 'mentioned' for the purposes of CPR 31.14. Restons usual response is to say that none of the documents are 'mentioned' merely referred to.

          As Nemesis suggests there is no need to chase Cabot over the CCA request - after 12 working days from service they are in default and that provides you with a valuable defence pleading.

          Comment

          • #6
            Re: CCJ from Restons help

            Hi I have attached a picture below showing the particulars of the claim.
            Attached Files

            Comment

            • #7
              Re: CCJ from Restons help

              Exceedingly uninformative particulars as usual then.

              So you don't recall ever having any account with Capital one in 2010 ? Does anything appear on your credit file at all for this ?

              CPR could really only ask for the contract and you've asked for that under the CCA request anyway.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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