hello & help on Reston/cabot

[mbt75]

Hello and thank you for allowing me to this forum.


I have received a letter from Restons Solicitors stating they are instructed by there client, Marlin Financial Services appointed by creditor Cabot Financial UK. Im not sure best action to take the original debt was with lloyds Credit card which dates back to April 2000. Their letter states that if they don't receive full payment £14,216.51 by 3 December they will issue a claim against me in County Court

I haven't had a ccj filed on this debt previously, however I have been paying back without fail and agreed amount to Lloyds directly on a monthly basis.

My credit file is repairing I don't really want a CCJ, but i don't have anywhere near this figure to clear it. I haven't spoken to Restons or Cabot as everything I read is really bad and don't want to risk charging orders etc.

Any advice is greatly appreciated.

Thanks in advance

[Amethyst]

Re: hello & help on Reston/cabot

http://www.legalbeagles.info/forums/...-a-Court-Claim is the best forum

You need to respond to the Letter before action that you have received, and you need to send a CCA request.

Here's a bit of info on replying to the LBA - http://www.legalbeagles.info/forums/...any-solciitors
and here's the CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement

You also need to find out from Lloyds what's happened to this debt as if you are paying an agreed amount under an arrangement then you need a chat with them to find out why and when they have sold the debt to Cabot, and why they haven't told you to cancel your payments - have you received any notice of assignment to Cabot or had anything else from Cabot before this letter ? You also need to check how the sum claimed has been made up and whether that corresponds with the arrangment you made with Lloyds.

Maybe best to speak with Lloyds first, then use the info you get from doing that to respond to Restons.

[Kafka]

Re: hello & help on Reston/cabot

Hello

Did you have a formal agreement with Lloyds about the repayment, where you can show that they have broken it?

When was the account sold by them? You should have had at least one letter saying that it had been sold (assigned) to Cabot.

[Kafka]

Re: hello & help on Reston/cabot

One of the first things you should do immediately is send a SAR to Lloyds to obtain all the data they hold on you and this will reveal whether they still have a valid copy of the agreement and other documents, as well as what has gone on with the account and any charges applied.

http://www.legalbeagles.info/forums/...otection-Act-)

They have 40 days to respond to this so if a claim has already been filed it may come too late. In your case they haven't yet filed so you should have time. Cabot and Co never have any of the required paperwork so they can only ask for it from Lloyds. With the SAR you will be fore-warned about what they are able to get and we can plan better.

[mbt75]

Re: hello & help on Reston/cabot

Thank you for your help, I will send the CCA.

In regards to lloyds I havent received any communication from them in years apart from a yearly statement, showing payments

thx Mark

[mbt75]

Re: hello & help on Reston/cabot

Thanks so should I send two requests for CCA & SAR or will one cover it?

[Kafka]

Re: hello & help on Reston/cabot

You seem to have been reading up so good for you! :thumb:

SAR to Lloyds HQ.
CCA to the current owner, who I presume is Cabot?
CPR letter to Restons if they were the solicitor issuing the legal threats. It needs to be the version covered by the Pre-Action Protocols rather than the one in response to a claim being filed.

If you aren't sure about anything just holler :horn:

[mbt75]

Re: hello & help on Reston/cabot

Thanks so should I send two requests for CCA & SAR or will one cover it?

[mbt75]

Re: hello & help on Reston/cabot

thank you for your help

[Kafka]

Re: hello & help on Reston/cabot

Thanks so should I send two requests for CCA & SAR or will one cover it?

Each of these requests is for a specific legal purpose, even though there is some overlap in what is being requested. These are sent to obtain documentation, but also to establish legal rights to the disclosure and this can be very helpful if you end up fighting a court claim. Debt collectors often pay little regard to the legal requirements and this can help any defence later on.

Send letters to DCAs and their solicitors by recorded post so that you can track delivery and prove it if they later claim they never received them.