**DISCONTINUED** CCJ and Charging Order from Restons on behalf of Cabot

[oxfordgirl]

Re: CCJ and Charging Order from Restons on behalf of Cabot

My husband completed via the MCOL, he did not complete the defence or admission forms. He was simply asking for the extra time to prepare a defence.
Kind regards
oxfordgirl

[Amethyst]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Should be okay then - the MCOL mirrors the form and it's just a tick box The problem would be if he'd done that when filing his defence, as then he'd have put in a specific sum he admitted to - which would guarantee a CCJ for that amount... so don't let him do that.

Is everything else sorted - got your CCA and CPR letters off? and preparing a defence?

[oxfordgirl]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Should be okay then - the MCOL mirrors the form and it's just a tick box The problem would be if he'd done that when filing his defence, as then he'd have put in a specific sum he admitted to - which would guarantee a CCJ for that amount... so don't let him do that.

Is everything else sorted - got your CCA and CPR letters off? and preparing a defence?

Letters will go off in the morning, and we are preparing our defence. No doubt we will be in contact in the coming days. Enjoy your weekend and thank you.

Kind regards
oxfordgirl

[oxfordgirl]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Hi folks
I've going through all the letters from Restons. Restons have dealt with this account since 2015. They have never issued a default notice in all this time.
They have been happy to accept the payment offered in line with my affordability.
In February this year, they confirmed the payment and asked for a financial statement to confirm this affordability, which we duly did.
In March, they wrote saying they were instructed to issue legal proceedings to secure a charging order. So they didn't mention CCJ in the letter. This was not a default notice and did not include a copy of the Financial Conduct Authority’s default information sheet.
Early April they said legal proceedings had been issued.
Claim form issued 3 days later.
Can we use this a part of the defence?
Also DoA dates on Poc are wrong
Would appreciate your view on this
Thank you

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Would appreciate your view on this

My view?

As I have previously said, you need to deal with the issue of filing an AOS where you stated that you (only) intend to defend part of the claim.

Diana M.

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

My husband completed via the MCOL, he did not complete the defence or admission forms. He was simply asking for the extra time to prepare a defence.

No he wasn't simply asking for the extra time to prepare a defence.

He told the court that he intended to defend only part of the claim.

So which part of the claim was he intending to admit (in the absence of defending it)?

He may need to make an Application to the court to deal with this issue (permission to change his mind to defend all of the claim not part of the claim) to prevent a CCJ for the part of the claim which he is apparently not going to defend.

If you follow me.

Diana M.

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

I've going through all the letters from Restons.

Restons have dealt with this account since 2015. They have never issued a default notice in all this time.

Why would Restons issue a Default Notice?

They are a firm of solicitors. They are not a 'credit giver' so they cannot issue DNs.

Restons cannot issue a DN on behalf of their client Cabot either.

Cabot cannot issue a DN since they are not a 'credit giver'.

A DN can only be issued by the original creditor.

Once an account has been terminated a (valid) DN cannot be issued.

Di

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

They have been happy to accept the payment offered in line with my affordability.
In February this year, they confirmed the payment and asked for a financial statement to confirm this affordability, which we duly did.

I know it's annoying but if a creditor (or their agent/solicitor) is willing to enter into an informal agreement for repayments of a debt that won't override their legal right to enforce the debt in court under the terms and conditions of the original contract (assuming those can be proved).

Forbearance (by a creditor) and hardship (by a debtor) is not a legal defence.

I wish it was but sadly it isn't in law.

Di

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

In March, they wrote saying they were instructed to issue legal proceedings to secure a charging order. So they didn't mention CCJ in the letter. This was not a default notice and did not include a copy of the Financial Conduct Authority’s default information sheet.

I think you're saying that you received a Letter before Claim/Action from Restons solicitors.

If that was the case then there was no reason/obligation for Restons to include a FCA default information sheet (that needs to be sent with any s.87 Default Notice from the original creditor).

Di

[oxfordgirl]

Re: CCJ and Charging Order from Restons on behalf of Cabot

My view?

As I have previously said, you need to deal with the issue of filing an AOS where you stated that you (only) intend to defend part of the claim.

Diana M.

Thank you for your help

My husband has been in contact with the court to inform them of his intention to defend all the claim. They said that the acknowledgement only shows intention and he is free to defend it fully. Defence needs to be in by beginning of next week.
He has completed the defence letter, as far as possible. Is there more that can be done at the moment?

Thank you

[Amethyst]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Good stuff Once you have your draft of your defence together feel free to post it on here ( leave out ref numbers and personal info ) and someone can give it a check over.

You haven't had any response from your letters to the claimants yet ?

[oxfordgirl]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Good stuff Once you have your draft of your defence together feel free to post it on here ( leave out ref numbers and personal info ) and someone can give it a check over.

You haven't had any response from your letters to the claimants yet ?

Will do, it is the template letter from here. Just need to go over it again.

Neither have responded yet. Both letters were signed for.

[Amethyst]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Pretty much - this is a good starting point - Defence Example

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

My husband has been in contact with the court to inform them of his intention to defend all the claim. They said that the acknowledgement only shows intention and he is free to defend it fully.

The court staff aren't legally trained.

However if you are happy to accept what they've told you then that's your choice.

As far as I'm aware the issue of 'part defend' will need to be addressed.

Did you also ask the court staff for advice on whether you should counterclaim for the PPI? I raised that potential issue earlier in your thread.

Di

[Diana M]

Re: CCJ and Charging Order from Restons on behalf of Cabot

Not sure how it works, but if you enter on the acknowledgment you intend to defend in full you are able to change and admit the full or part claim when it comes to defence, so would that work the other way Di ? I think the defend part is just a tick box ? no amounts entered ?

Sorry, I overlooked this earlier post.

Part Defend (no financial details given) and Part Admission (financial details given) are two different things.

Either/both can usually be withdrawn but the court needs to be told that.

Di