**DISMISSED/WON** Restons Solicitors

[Diana M]

Re: Restons Solicitors

haven't seen the letters myself. Easton's say they have asked the court for a default judgement as I have no case. If that is not agreed they ask to schedule and recoup costs from me. It includes all the documents I've uploaded here, a witness statement from the paralegal and a list of their costs so far. They say there is no merit to the case.

Looks like they want to proceed. I've emailed the court asking that they do not allow default judgement and I'm on holiday.

Looking at your post # 43 it may be that Restons have gone ahead with their threat to make an application for a Summary Judgment because they believe your Defence has no merit.

If that is the case then you would not have received a DQ.

I can see that you've received documentation perhaps after you filed your Defence. That would have been the time to have amended your Defence either by consent with the Claimant (it's unlikely Restons will consent now if they have made a SJ application to strike out your Defence) or with permission from the court following an Application by you.

I see from that post that they sent you a (draft?) Witness Statement in early June. Did you respond to their letter putting you on notice of their intention to issue?

If they win the SJ then you will be liable for their costs even though this would be in the Small Claims Track. I expect that's why they sent you their Schedule of Costs together with the (Draft) WS.

Di

[Diana M]

Re: Restons Solicitors

Is this your Defence which Restons may be attempting to strike out as having no merit?

This is what I sent to Restons and used as my defence saying that I disputed the debt.

To whom it may concern,

I have received a recent court claim from your organisation.

I have absolutely no problem making repayment arrangement with any of my debtors but I have no information or recollection of this account. I therefore can’t conclude whether I am fully liable, partially liable or indeed liable at all. In order to make a fair decision on admission or defence I require some information. Given that this matter is now the subject of legal proceedings brought by you, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this alleged account.
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal dataand a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Di

[Diana M]

Re: Restons Solicitors

Here is a copy of the claim form.

I note the Claimant is Cabot Financial (UK) Ltd.

They're not licensed. It lapsed on 28th February 2015.

Check the FCA register.

Di

[Amethyst]

Re: Restons Solicitors

Don't they come under Cabot Credit Management's licence ?

[Diana M]

Re: Restons Solicitors

Don't they come under Cabot Credit Management's licence ?

No Comment

Why would I give away my firms 'trade secrets' on the internet

Di

[Amethyst]

Re: Restons Solicitors

To help people with their claims ?

[Diana M]

Re: Restons Solicitors

To help people with their claims ?

While at the same time making other lawyers aware of our legal knowledge which could impact on our own business. (Law is a business not a charity ).

We all have to eat as well as be altruistic.

More importantly if we point out the errors/flaws made by creditors/debt purchasers on forums read by them, then they could remedy the issues. Not a good idea because that doesn't help anybody who has a claim.

Di

[Amethyst]

Re: Restons Solicitors

Ok well here is Cabot's take on their licence - http://www.cabotcm.com/important-inf...n-with-the-fca

Cabot Financial (UK) ltd are not listed as a trading name or as an authorised representative (that is Cabot Financial (Europe) Ltd.).

I am not aware of any claims being struck out on the basis of being brought by Cabot FUK Ltd rather than Cabot Feurope Ltd but Di may know different.

Anyhow, there are many thread surrounding Cabot's credit licence about the place ( really hence Cabot making their own blog on the matter ) so it's taking the thread slightly off topic.

[Donel361]

Re: Restons Solicitors

Hi both, thanks for your replies and ongoing support. It's really appreciated. I've been out of the country for 5 weeks and returned yesterday. I was told about the letter from restons which include everything I presume they submit to the court with their application for summary judgement. I'm back at work tomorrow so will scan them.

I haven't yet amended my defence (if you can call it that after previous advice). The letter of 21 June from county court business centre reads NOTICE OF TRANSFER OF PROCEEDINGS the claimant is Cabot financial (uk) limited. And says to all parties. This claim has been transferred to the county court of Birmingham for that court to deal with the application for summary judgement. That court will send you and other parties notice of the time, date and place of hearing.

[Amethyst]

Re: Restons Solicitors

Have you had chance to scan those docs in yet ?

Anything like this?

[pt2537]

Re: Restons Solicitors

No Comment

Why would I give away my firms 'trade secrets' on the internet

Di

trade secrets?

My oh my, and i thought forums were about imparting knowledge

Like this perhaps

1. An activity is a regulated activity under the Financial Services & Markets Act 2000 (‘FSMA’) if it is an activity of a specified kind which is carried on by way of business and “it relates to an investment of a specified kind” (see section 22(1) FSMA).

2. “Specified” means specified by an order made by the Treasury (see section 22(5)). Activities and investments are specified for the purposes of FSMA by the Financial Services & Markets Act 2000 (Regulated Activities) Order 2001 (‘RAO’) (see article 4(1)).

3. Rights under a credit agreement are an investment of a specified kind for the purposes of section 22 of FSMA (see articles 73 and 88D of the RAO).

4. Article 60B(3) of the RAO defines credit agreement and regulated credit agreement:

‘credit agreement’ means an agreement between an individual or relevant recipient of credit (‘A’) and any other person (‘B’) under which B provides A with credit of any amount;

‘exempt agreement’ means a credit agreement which is an exempt agreement under articles 60C and 60H;

‘regulated credit agreement’ means any credit agreement which is not an exempt agreement.

5. Section 19 of FSMA prohibits a person from carrying on a regulated activity in the United Kingdom unless he is an authorised person or an exempt person (‘the general prohibition’). Carrying on a regulated activity without authorisation or exemption under FSMA is an offence (see sections 19 and 23 of FSMA).

6. Section 19 FSMA states: -

“19 The general prohibition

(1)No person may carry on a regulated activity in the United Kingdom, or purport to do so, unless he is –
(a)an authorised person; or
(b)an exempt person.

(2)The prohibition is referred to in this Act as the general prohibition.”

7. Section 23 FSMA states: -

“23 Contravention of the general prohibition

(1)A person who contravenes the general prohibition is guilty of an offence and liable –
(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.”

8. The regulated activity of debt collecting is specified by article 39F of the RAO which provides in relation to debts under credit agreements: -

“Debt collecting

39F. (1) Taking steps to procure the payment of a debt due under a credit
agreement or a relevant article 36H agreement is a specified kind of activity.
(2)Taking steps to procure the payment of a debt due under a consumer hire agreement is a specified kind of activity.
(3)Paragraph 1 does not apply insofar as the activity is an activity of the kind specified by article 36H (operating an electronic system in relation to lending).
(4) In this article, “relevant article 36H agreement” means an article 36H agreement (within the meaning of article 36H) which has been entered into with the facilitation of an authorised person with permission to carry on a regulated activity of the kind specified by that article.”
{Emphasis added}

- - - Updated - - -

Ok well here is Cabot's take on their licence - http://www.cabotcm.com/important-inf...n-with-the-fca

Cabot Financial (UK) ltd are not listed as a trading name or as an authorised representative (that is Cabot Financial (Europe) Ltd.).

I am not aware of any claims being struck out on the basis of being brought by Cabot FUK Ltd rather than Cabot Feurope Ltd but Di may know different.

Anyhow, there are many thread surrounding Cabot's credit licence about the place ( really hence Cabot making their own blog on the matter ) so it's taking the thread slightly off topic.

Yes theres been a few cases where cabot have had their permissions questioned, and hoist too. Have had advice on the question and they havent taken these issues in to Court when weve relied on the advice which incidentally was provided by the barrister who advised the FCA

[Amethyst]

Re: Restons Solicitors

Aye I get all that, my issue is this

The FCA say

A firm may use several trading names or brand names under the same permission. This list shows the names that have been reported to us, but you may want to contact the firm for full details

Cabot Financial (Europe) Ltd is listed as a 'trading / brand name' of CCM but Cabot Financial (UK) Ltd is not. However it doesn't seem, from the text quoted above that it is a condition of the permission applying to a trading name that it is recorded by the FCA.

I recognise that Cabot Financial (Europe) Ltd is also registered as an appointed representative separately, whereas Cabot Financial (UK) Ltd is not.

However I'd much rather have a judgment or at least a statement from the FCA ( ha ha as if!) clarifying that Cabot Financial (UK) Ltd is not licenced under CCM's licence before telling people they can use that as a defence on a claim.

[pt2537]

Re: Restons Solicitors

Aye I get all that, my issue is this

The FCA say


Cabot Financial (Europe) Ltd is listed as a 'trading / brand name' of CCM but Cabot Financial (UK) Ltd is not. However it doesn't seem, from the text quoted above that it is a condition of the permission applying to a trading name that it is recorded by the FCA.

I recognise that Cabot Financial (Europe) Ltd is also registered as an appointed representative separately, whereas Cabot Financial (UK) Ltd is not.

However I'd much rather have a judgment or at least a statement from the FCA ( ha ha as if!) clarifying that Cabot Financial (UK) Ltd is not licenced under CCM's licence before telling people they can use that as a defence on a claim.

I think youve answered your question

[charitynjw]

Re: Restons Solicitors

I did question the FCA about this issue a little while ago.
The non-committal response was something like "It's up to them whether they proceed to court or not."
I took that as meaning "Let the Judge sort it out".

[Amethyst]

Re: Restons Solicitors

I think youve answered your question

Oh.... lol... what was my answer?