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

[Diana M]

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

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

[charitynjw]

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

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?

[oxfordgirl]

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

[MIKE770]

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

[MENTION=49370]Kati[/MENTION]

[Kati]

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

@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

[charitynjw]

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

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?

[Kati]

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

Good afternoon Kati.

Post #8?

thanks Charity I missed that one xx

[Diana M]

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

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

[Diana M]

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

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

[pt2537]

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

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

[oxfordgirl]

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

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

[Diana M]

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

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

[oxfordgirl]

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

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

[oxfordgirl]

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

[Amethyst]

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