Restons Letter before action

[oracle1]

Hello,

I hope someone can give me advice about a debt my son has with Cabot Finance. He took out car finance around 2012 with Sainsburys Bank for around £5000. He lost his job and could not make the payments after a year or so. Cabot has since purchased this debt. He suffers from depression, has no savings or assets and cannot deal with solicitors letters. Cabot instructed Restons to demand around £4000 or they will take him to Court. I have read this forum and sent off requests for CCA from Cabot and request for other documents from Restons. (I used the templates kindly provided).

Just to complicate things, he took out a Debt repayment plan with a debt management company around 2014 which he also defaulted on.

My question is: Assuming Cabot has all the correct documentation I doubt 'we have a leg to stand on' so it looks like I will have to pay this money, and I can ill afford it. Do you think they will accept around a third as full and final settlement.

Thank you

[warwick65]

Re: Restons Letter before action

Lets not assume anything.

Yes it is more likely they can enforce on a more recent debt because of the changes in the law but the two huge gurdles they have also to overcome are default notices and assignments ( and possibly other things as well)

Should court be faced these may help you.

Something else to think about, if your son is not working he may qualify for fee remission , if he needs to try and force disclosure of documents. Also if he is not working, maybe, just maybe, they will not think it financially viable to take action - just a thought

[oracle1]

Re: Restons Letter before action

Thank you so much for the prompt reply. He is working at the moment although his pay barely covers his rent and other living costs.

[warwick65]

Re: Restons Letter before action

Hi

he still might qualify on grounds of low income- but I couldn't comment for certain. You could look into that

Am i right is saying you have had a response from Restons?

[oracle1]

Re: Restons Letter before action

Yes, I looked on another thread and it seems like a template response because his is virtually identical. Basically saying, my request in non reasonable and not proportional. I should have all the information I need. They have no knowledge of a CCA to their client and I have 14 days to pay before Court action.

I did request CCA from Cabot plus £1 postal order so will send a copy Restons

[Diana M]

Re: Restons Letter before action

I looked on another thread and it seems like a template response because his is virtually identical. Basically saying, my request in non reasonable and not proportional. I should have all the information I need. They have no knowledge of a CCA to their client and I have 14 days to pay before Court action.

I did request CCA from Cabot plus £1 postal order so will send a copy Restons

Exactly

Did you see this post on another thread?

What a long letter!

At least somewhere in all that blustering they say they will be taking instructions from their client (Cabot) about the s. 77-79 CCA Request you sent to them since they (Restons) are unaware of it.

So make them aware

Maybe send them a copy of your CCA Request (since they're unaware of it apparently) with a one-paragraph covering letter which thanks them for their letter dated DD/MM/YYYY and "please find attached copy of the s. 77-79 CCA Request sent to your client".

Di

[oracle1]

Re: Restons Letter before action

Will do. Thanks

[lawboy65]

Re: Restons Letter before action

I suggest your son completes an income and expenditure and sendsit to Cabot with for example; £5 or £10 cheque included and a proposal to paythis amount per month. If they do take your son to court he will have shownthat his intention to pay is there and this will be taken intoconsideration.May I also say that as hehas defaulted on previous occasions and if they accept the offer based onincome/expenditure, he must keep to the repayments.Alternatively, if he is in a position tooffer half they may well accept but do not offer both, one or the other andmake sure any offer you make is realistic Good luck.

[warwick65]

Re: Restons Letter before action

I suggest your son completes an income and expenditure and sendsit to Cabot with for example; £5 or £10 cheque included and a proposal to paythis amount per month. If they do take your son to court he will have shownthat his intention to pay is there and this will be taken intoconsideration.May I also say that as hehas defaulted on previous occasions and if they accept the offer based onincome/expenditure, he must keep to the repayments.Alternatively, if he is in a position tooffer half they may well accept but do not offer both, one or the other andmake sure any offer you make is realistic Good luck.

I am sorry but that is the most appalling advice because
1)The court will not take it into consideration - if taken to court and a judgement is awarded against him it will make no difference if he is paying now
2) If you are looking to make a full and final settlement, why would they accept a lower figure if they are getting regular payments now?
3) in any negotiations, you NEVER start with your best offer
4) Cabot and Restons have yet to show they have a right to collect any money

Lawboy, you owe me £5000, please start payments asap. I will however settle for a one off payment of £2500

Sorry but we are not MSE on this site, we expect the debt purchasers to prove their entitlement before coughing up.
My point about you owing me money was just to demonstrate that you would not pay unless the claimant can prove entitlement

[MIKE770]

Re: Restons Letter before action

I am sorry but that is the most appalling advice because
1)The court will not take it into consideration - if taken to court and a judgement is awarded against him it will make no difference if he is paying now
2) If you are looking to make a full and final settlement, why would they accept a lower figure if they are getting regular payments now?
3) in any negotiations, you NEVER start with your best offer
4) Cabot and Restons have yet to show they have a right to collect any money

Lawboy, you owe me £5000, please start payments asap. I will however settle for a one off payment of £2500

Hey ! you owe me as well !

[seduraed]

Re: Restons Letter before action

If you do end making a partial statement make sure it is agreed with the creditor first. Then send a cheque yourself for the agreed amount ofor the settlement. That will create a new contract between yourself and the lender rather your son and the lender. If you post up the progrest as you go along I am sure people will help and advise.

[oracle1]

Re: Restons Letter before action

The ball is back in Reston's court as I have just sent them a copy of the letter I sent to Cabot requesting the CCA.
Thanks for all the advice so far

[warwick65]

Re: Restons Letter before action

The ball is back in Reston's court as I have just sent them a copy of the letter I sent to Cabot requesting the CCA.
Thanks for all the advice so far

Quite right too
best course of action IMHO

[oracle1]

Re: Restons Letter before action

Restons have replied saying their client (Cabot Finance) will provide CCA information in due course. Restons also say that they are under no obligation to provide me with any documents I requested from them. ie. Default notice, Notice of assignment, Deed of assignment and settlement of accounts.

Will they need to produce them if it goes to Court?

Thanks

[warwick65]

Re: Restons Letter before action

Hi
What reason do Restons give for not supplying the documents ?

I am not 100% sure as to what letter you sent to Restons and until I know I can not even hazard a guess as to why they said it . I would however keep hold of that letter

Was the request you sent a cpr 31.14 - this is only to be sent once a claim has been issued