Search
  • Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
Loading...
X
Collapse
  • Page of 7
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 4 5 6 7 Next
  • #61
    Re: CCJ and Charging Order from Restons on behalf of Cabot

    Originally posted by oxfordgirl View Post
    Husband also had PPI on the Halifax debt, which we intend to reclaim.

    . . .     He plans to accept part of the debt, which is based on overcharging of interest back at the default date and outstanding PPI.

    . . . . Also can we ask for more time to pursue the PPI claim.
    Why does your husband believe he may have a viable PPI reclaim for misselling?

    Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

    You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

    Di
    • 1 thank

    Comment

    • #62
      Re: CCJ and Charging Order from Restons on behalf of Cabot

      Originally posted by Diana M View Post
      Why does your husband believe he may have a viable PPI reclaim for misselling?

      Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

      You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

      Di
      Good morning, Di

      In real life (that is, life outside the courtroom ), from the little I've read on the subject, a PPI claim is directed to the original creditor (or possibly insurer/underwriter?), not the assignee.
      So on what basis would you introduce the PPI part into a bog-standard Debt Purchaser/Alleged Debtor claim?
      Is it just on the fact that the amount claimed is wrong?
      Or do you actually Part 20 counterclaim?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick
      • 1 thank

      Comment

      • #63
        Re: CCJ and Charging Order from Restons on behalf of Cabot

        Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

        I thank you for all your help.
        Regards
        oxfordgirl
        • 1 thank

        Comment

        • #64
          Re: CCJ and Charging Order from Restons on behalf of Cabot

          [MENTION=49370]Kati[/MENTION]
          • 1 thank

          Comment

          • #65
            Re: CCJ and Charging Order from Restons on behalf of Cabot

            Originally posted by oxfordgirl View Post
            Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

            I thank you for all your help.
            Regards
            oxfordgirl
            Originally posted by MIKE770 View Post
            @Kati
            I think I got the post you were talking about [MENTION=83875]oxfordgirl[/MENTION] ... if not give me a shout and tell me the post numbers xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

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

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle
            • 3 likes

            Comment

            • #66
              Re: CCJ and Charging Order from Restons on behalf of Cabot

              Originally posted by Kati View Post
              I think I got the post you were talking about @oxfordgirl ... if not give me a shout and tell me the post numbers xx
              Good afternoon Kati.

              Post #8?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick
              • 2 likes

              Comment

              • #67
                Re: CCJ and Charging Order from Restons on behalf of Cabot

                Originally posted by charitynjw View Post
                Good afternoon Kati.

                Post #8?
                thanks Charity I missed that one xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

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

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle
                • 1 thank

                Comment

                • #68
                  Re: CCJ and Charging Order from Restons on behalf of Cabot

                  Originally posted by oxfordgirl View Post
                  Hello Di, I did remove the details from the post you mentioned, as you suggested as soon as I received you message. However, I cannot alter them in the quote contained in your response. Are you able to remove it for me, or do I need to go to an administrator?

                  I thank you for all your help.
                  Regards
                  oxfordgirl
                  Hello Oxfordgirl

                  I tried but was unable to edit my own post.

                  I think this forum may have a time limit restriction on when you can go back and edit your own posts for some reason

                  I can't edit any of my posts made before 4th May.

                  Di
                  • 1 thank

                  Comment

                  • #69
                    Re: CCJ and Charging Order from Restons on behalf of Cabot

                    Originally posted by oxfordgirl View Post
                    we don't understand how to make a counterclaim when we have no figures. Can you advise on this please.
                    The reason I raised the PPI issue is because if the amount you intend to reclaim is in excess of £4k then you may be able argue that the claim should be allocated to the Small Claims track (the claim is £14k) so as to avoid the risk of paying the other side's legal costs if you lose in the Fast Track.

                    The claim has not yet been allocated to any track - that comes later.

                    Obviously without seeing the papers it's not possible to advise you in any detail.

                    Di
                    • 1 thank

                    Comment

                    • #70
                      Re: CCJ and Charging Order from Restons on behalf of Cabot

                      Originally posted by charitynjw View Post
                      Good morning, Di

                      In real life (that is, life outside the courtroom ), from the little I've read on the subject, a PPI claim is directed to the original creditor (or possibly insurer/underwriter?), not the assignee.
                      So on what basis would you introduce the PPI part into a bog-standard Debt Purchaser/Alleged Debtor claim?
                      Is it just on the fact that the amount claimed is wrong?
                      Or do you actually Part 20 counterclaim?
                      The decision of Jones v Link Financial suggests this is correct, the assignee becomes the creditor for the purpose of statutory duties only.

                      However, if the challenge was framed under an application per s140A you could challenge the PPI and the Court could conceivably order the assignee to refund the monies.

                      This approach has worked on bank charges refunded by the assignee
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.
                      • 2 likes

                      Comment

                      • #71
                        Re: CCJ and Charging Order from Restons on behalf of Cabot

                        Originally posted by Diana M View Post
                        Why does your husband believe he may have a viable PPI reclaim for misselling?

                        Did he not ask for PPI in the first place but nevertheless it was added (a common complaint) or did he have any pre-existing medical condition which may have made him exempt from cover or was he self-employed etc so cover would not have been applicable? Did he make a claim on the policy which was rejected?

                        You really do need to see the Ts & Cs of that PPI policy with the Halifax. You seem to have kept a good paper file of everything else so do you have those too (the PPI Ts & Cs)?

                        Di
                        He didn't ask for PPI as he was self-employed. He did claim on another policy, which was rejected, but never tried on this one. Sadly, I do not have this Ts & Cs on this account. Hopefully the SAR will tell us more, but we are still waiting.

                        oxfordgirl
                        • 2 likes

                        Comment

                        • #72
                          Re: CCJ and Charging Order from Restons on behalf of Cabot

                          Originally posted by oxfordgirl View Post
                          He didn't ask for PPI as he was self-employed. He did claim on another policy, which was rejected, but never tried on this one. Sadly, I do not have this Ts & Cs on this account. Hopefully the SAR will tell us more, but we are still waiting.
                          If you decide to raise the PPI issue in your Defence that may leave the door open for you to tackle it in more depth later on in the proceedings (without the need to make an application to the court for permission to file an Amended Defence on that specific legal argument).

                          The Claimant will have to produce the Ts & Cs if appropriate.

                          I'm not in a position to help with writing Defences on an internet forum (I have to respect my firm's insurance) but I've been doing my best to drop hints and point you in the right direction so you can make an informed decision on what you might want to do next

                          This claim will be allocated to the Fast Track where the winner should get their legal costs paid by the loser. You need to set up your Defence properly (i.e. comprehensively) so that you win.

                          Has your husband been receiving Annual Statements of Sums in Arrears (s.86) ?

                          Di
                          • 1 thank

                          Comment

                          • #73
                            Re: CCJ and Charging Order from Restons on behalf of Cabot

                            Originally posted by Diana M View Post
                            Has your husband been receiving Annual Statements of Sums in Arrears (s.86) ?

                            Di
                            I have checked the paperwork. he had a couple of statements from Cabot, which then stopped. They are only described as Statement of Account and
                            says he needs to make payments to avoid the account going in to arrears. So it seems at that point, they did not consider him to be in arrears.

                            He has never had any statements from Restons, only regular letters to confirm the agreed payment.

                            He has not been receiving Annual Statements of Sums in Arrears (s.86)

                            Regards
                            oxfordgirl
                            • 1 thank

                            Comment

                            • #74
                              Re: CCJ and Charging Order from Restons on behalf of Cabot

                              I would to thank everyone for their help over the last few weeks. Defence submitted yesterday. I know there's a long way to go, but fingers crossed. Couldn't have got this far without you.
                              Thanks again
                              oxfordgirl
                              • 3 likes

                              Comment

                              • #75
                                Re: CCJ and Charging Order from Restons on behalf of Cabot

                                Well done. A long way to go but it really depends what comes back from Restons/Cabot now. Be nice if it were nothing but we can never rely on that. Just keep updating the thread with anything you hear from the court or from the claimant/restons and people can help guide you through if you need to intensify your arguments
                                #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
                                • 2 likes

                                Comment

                                Previous 1 2 3 4 5 6 7 Next

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X