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

[oxfordgirl]

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

Will do, many thanks.

[oxfordgirl]

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

Hi folks

We have just received these letters from Restons and Cabot. Is there anything we can or should do at this point. Would appreciate any help.

Thank you.

[oxfordgirl]

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

Hello everyone,

My husband filed his defence to Cabots claim over seven weeks ago and has not heard anything apart from the letters I posted previously. Is there anything we should do or is it just a waiting game?

Would appreciate any help

Thank you

[Diana M]

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

Restons will be waiting until they obtain the documentation needed to progress their Client's claim as per Paragraph 4 of their last letter.

When they have what they need, or reconstitute what they need, they may apply to the court to lift the stay (which is what I expect to be the current status of this claim) and continue to the next stage.

It's highly unlikely that they'll walk away from a £14k claim without a fight.

I've no idea what you pleaded in your Defence so I can't comment on whether you have done enough in relation to 'Assignment' issues and I also recall that you said you were not going to raise PPI in these proceedings either. Why was that?

Sometimes you can amend a Defence but you need to make an Application to the court for permission unless the other party are willing to consent.

I'm not sure that leaving out pertinent legal arguments which you knew about first time around is a reason which will be met with enthusiasm by the court. Unless solicitors are instructed and then the court can take the view that as a LIP you didn't know what you were doing before you had legal advice from a qualified lawyer.

I'm not meaning to sound negative but I am a realist and I'm also mindful of your thread title.

Di

[oxfordgirl]

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

Hello folks, I would appreciate your thoughts and help on the following:

Restons

• They have not responded to our request for documents under CPR 31.14.
• We have just received a letter from them offering a settlement of exactly 50% of the amount they are claiming on the PoC, including the Court costs.
• They say the offer is for one month to either pay in full, or the option to pay by instalments.
• The instalment option is likely to be subject to a Tomlin Order.
• They also say we have not responded to a previous letter. We have heard nothing from them since they acknowledged his defence.
• Should we request a copy of this 'missing ' letter?
• Does this suggest that they don't have enough to proceed in Court or is that just wishful thinking?

Cabot

• They have not responded to our request for documents under 77/78 CCA.
• From the Halifax SAR, we know they requested a copy of the contract at the beginning of July, but have not yet sent us a copy.

Halifax

• We have recently received SAR documents from Halifax.
• A copy of the application with my husbands signature is included, along with the a copy of the credit agreement, but that does not have his signature on it, although I think the application is the credit agreement.
• There is also a second agreement included, again with no signature on it, which appears to be from 2008, This was never received. We did not live at the address on it at that time. The statements reflect the correct address. We did move to that address six months after the account was defaulted and no longer active, so why would they send a new agreement? Statements also reflect this address change and is the last address they seem to hold for us.
• The statements included continued for over two years after the debt was sold to Cabot, although we never received them.
• They have not included the Default Notice or the details of the Assignment to Cabot. Should we contact Halifax again to ask for these?
• Account history shows the date of the sale to Cabot, which is over two years different to the PoC.
• My husband paid PPI for the first 18 months of the account, but he then cancelled it. The contract distinctly says it would not pay out if he was self-employed, so I think we would be able to prove mis-selling.

We would appreciate your thoughts and help and the best way forward. We realise that we are likely to need professional help, but unfortunately our finances are very limited. If we ignore Cabot's letter, what is their likely next move?

Thank you
oxfordgirl

[Amethyst]

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

Someone has been busy

First thing is to get that agreement checked out, it may well have fatal issues with it, and if Restons/Cabot have just received it and assessed it, could explain the 50% offer.

Settlement by installments for £7k ish without a CCJ being applied, and no charging order being applied for, could be tempting, you're right to be questionning why they are offering 50% at this stage. I don't think their offer will stretch to the £15 a month you were previously paying though and is more likely to be £100 + .

Without that Halifax SAR it all sounds pretty good, but I think now you have a bit of a heads up in that you know that Halifax do have a copy of the agreement - I don't know what date the original card was taken out (think you edited the post where you said - was it pre 2007?) - so really I think it's a case of assessing that agreement and deciding whether they are going to end up sending it to Restons/Cabot ( they obviously haven't yet or you wouldn't be sitting on a 50% offer IMO) - and consider whether it is compliant (contains prescribed terms etc) and thus if it is likely to enable them to obtain the CCJ & CO they are after. The second set of terms being in the DPA could indicate they have recently complied with a CCA request via Cabot - as the terms at the time of default are required to be sent as part of compliance with the s.78 request.

You also have a heads up that there are likely to be issues with the date of assignment and thus potential assignment notice and default notice problems for them.

Sadly you'll never know whether taking the offer is the right decision, only if not accepting was the wrong decision - if you know what I mean.

If you settled, the PPI misselling claim you could make separately directly to Halifax, and use any refund and interest from that to pay a lump sum off any agreed settlement to reduce the period you end up paying over.

[warwick65]

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

Hi Oxfordgirl.

I do wonder why they are offering a 50% discount when they have a claim.
A I right in thinking it is over 14000.

Are you aware some solicitors do CFA on debts that big. They are also called no win no fee so if you win you don't pay and if you lose still no legal fees.

[oxfordgirl]

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

Thank you Amethyst and warwick65
The card was taken out early 2000's and now stands at over £14000.
We have only been provided with a copy of the application with husband's signature on, and a copy of the agreement without a signature. Does this make a difference?
Will read your comments over again and more than likely be back with more questions soon.
Thanks again.

[Amethyst]

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

The application will be the agreement most likely, and the agreement likely the terms ? really impossible to say without seeing them xx

[Diana M]

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

The card was taken out early 2000's and now stands at over £14000.
We have only been provided with a copy of the application with husband's signature on, and a copy of the agreement without a signature. Does this make a difference?

It's not possible to guess whether a document (or two) which you've seen in a SAR response from the original creditor is enforceable in court or not - especially without seeing them unredacted (don't post up unedited documents on the forum).

Also don't assume that a debt purchaser has access to that same SAR information as you do either.

As important is what documents are NOT in your SAR

The main reason I suggest Defendants should get a SAR is so they can check the 'honesty and accuracy' of any reconstituted documents produced by the Claimant.

I wouldn't read anything into the 50% discount in that letter since debt purchasers buy these debts for very little money. A £14k debt was probably bought for around £1,400. If you pay them £7k (i.e 50% of the sum claimed) then they'll make a nice profit without the need to have their legal standing tested in court where they could risk having to pay your legal costs if they lose.

Di

[oxfordgirl]

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

Thank you Amethyst, the application does include the consumer credit agreement which he obviously signed. I will check through the terms again tomorrow.

Di, you say that the debt purchaser doesn't have the same access to the SAR as we do, is it less or more? Sorry for my ignorance but need to understand what they have access to. As I mentioned earlier, is it a good idea to go back to Halifax to request the Default Notice and Deed of Assignment. Would Restons have access to this?

Interestingly, the offer of 50% comes 42 days after they requested the contract from Halifax. I know they purchase these debts very cheaply, but why offer a reduced sum if they think they can get the lot?

Many thanks for your help.

[warwick65]

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

Hi
To answer your question about who has more access, it is likely you would get more details from a SAR than a debt purchaser would. It can be invaluable to compare against what the debt purchaser 'claims' to have.
I am sure [MENTION=87380]Diana M[/MENTION] can explain more.

The details of the DN should be in the SAR. The deed of assignment, well that's for Restons to prove but again I am sure Diana m can explain in greater detail.

[oxfordgirl]

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

Hi folks,
When I lasted posted, Restons had made a settlement offer of 50%. We let the deadline pass but they have now made a settlement offer of 25%, with a month to make a decision. They do say it is a final bid to resolve the matter without further court intervention.

Cabot have also sent us statements of all payments we have made to Restons and strangely they say 'no action is required on our part'. The statements have the incorrect Assignment Date and although only one day out, it is not the date on the PoC. Notes in the Halifax SAR show a date of sale that does not match either date.

I have looked at the initial contract included in the SAR and there is no credit limit stated on it, in fact it says they will tell us what it will be. Did I read somewhere that contracts can be deemed unenforceable if the limit is not included?

The second contract, also in the SAR, has an address on it that we did not live at for the duration the card was active, although Halifax had that address after the account was defaulted.

If we don't take this offer what do you think their next move will be. We don't think they have the documents they need, or they wouldn't beso keen to settle.

Can you advise the best way to go forward, and that whether with some professional legal help, we can get this either stopped before court, or stand a good chance of winning in court.

Really would appreciate your thoughts.

Thankyou

oxfordgirl

[warwick65]

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

Hi
For credit limits, loans must include it but for credit cards only how it will be determined. Usually it says we will determine your credit limit from time to time

Are you saying they offered you 50%off and now only 25% off or is it now 75%off and only paying 25%

[oxfordgirl]

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

Hi
They are asking for 25% of the amount on the PoC, which includes costs.