my friend cabot financial

[helltitan]

Re: my friend cabot financial

Good Morning all ,

Received a response from restons this morning, not sure what to make of the reply out of my depth i think , any light that could be shed on this would be wonderful
thank you
andrew

[Amethyst]

Re: my friend cabot financial

That's a quite standard response to the CPR request so don't worry. Just means they are refusing to comply with your request.

Also shows they haven't read your letter as you only asked for the contract between halifax and yourself.



What date is your defence due ?

[helltitan]

Re: my friend cabot financial

Good Morning Amethyst,
Thank you for your reply , i have stated a defence date of 11/11/2015

[helltitan]

Re: my friend cabot financial

copy of letter sent to restons

[Amethyst]

Re: my friend cabot financial

Maybe reply with something like


Dear Restons

Thank you for your letter dated 27 October 2015 in response to my request for a copy of the contract between Halifax and myself made under CPR 31.14.

Your statement of case quite clearly mentions ' a contract between the Defendant and Halifax dated on or about Jun 27 2014 ' and it is that document which I requested from you.

I am not sure to which other documents you refer, although if there are additional documents a copy would of course be appreciated.

The case has not been allocated to a track and as such you are required to comply with my request under CPR 31.14. As things stand I am uncertain as to what your claim applies as it fails to state what kind of contract the claim is about. The original creditor is Halifax plc so therefore I can only make an assumption that it is a financial product such as a loan, credit card, banking account or insurance contract. I have had various products with Halifax over the years and without further information it is going to be incredibly difficult to proceed effectively.

In addition to the request made to yourselves for a copy of the document mentioned in your statement of case I have made a formal request to your client, as creditor, under the assumption it is likely to be a consumer credit agreement regulated by the Consumer Credit Act 1974, for a copy of the original agreement pursuant to section 77/78 of the Consumer Credit Act 1974. This request was made on xxxxxxxxxxx 2015 and to date I have not received a response.

You will be aware that my Defence is due to be filed on xxxxxxxxxxx 2015 and as I am yet to receive any documentation regarding this claim, and in consideration that your statement of case fails to give adequate information to enable me to fully assess my position, I ask that your clients agree to an extension of time of 28 days for filing the defence pursuant to CPR 15.5. This should allow your clients time to get their house in order and provide the documents on which they intend to rely.

Please confirm your clients agreement to extend the time available to file a defence in the claim before xxxxxxxxx 2015.

Kind regards


xxxxxxxxxxxxxxxx

[Amethyst]

Re: my friend cabot financial

Good Morning Amethyst,
Thank you for your reply , i have stated a defence date of 11/11/2015



copy of letter sent to restons

ahh you changed it a bit... no notice of assignment was mentioned although yes they do mention the debt was assigned to their client. So amend response accordingly.

You want a reply before 4pm 9th November then so you can put your defence in on the 10th.

[helltitan]

Re: my friend cabot financial

Thank you Amethyst, a wonderful response

andrew

[helltitan]

Re: my friend cabot financial

hi amethyst ,
my error i posted the wrong letter to restons , the pdf i have posted is the letter sent to restons, sorry for mix up . in that letter a request for assigment is menitioned.
thanks
andrew

[helltitan]

Re: my friend cabot financial

Good Morning all,
Received this from restons saturday morning , looks like complete denial of letters already sent
many thanks
andrew

[nemesis45]

Re: my friend cabot financial

Good Morning all,
Received this from restons saturday morning , looks like complete denial of letters already sent
many thanks
andrew

Did you get everything off to Restons?

If you did I suggest phoning Reston to find out why they say there has been no response.
However Do Not get drawn into any conversation on payments or liability.

nem

[Kati]

Re: my friend cabot financial

Also ... did you get the acknowledgement of service sent off (I know you couldn't log in to MCOL)?

[Nibbler]

Re: my friend cabot financial

That letter would be the one they would send if your time for submitting an official defence or offer of payment has expired - completed N9A or N9B, and as a result they are applying for default judgement.

How did you get a defence due date of the 11th Nov when issue date was 28th Sept?

[helltitan]

Re: my friend cabot financial

hi nibbler it would seem i have made a balls up of this then, i must have miss read something regarding dates then , so i take it from ur response that it then
andrew

[Nibbler]

Re: my friend cabot financial

Sounds like it. Perhaps is rescuable? Other may know.

[Amethyst]

Re: my friend cabot financial

Ahh tits, Claim was issued 28th Sept - I don't know how you came to the 11th November as defence date, I feel I should have double checked when you mentioned the defence date when last writing to Restons, so my apologies for not picking up on that.

Did you get a reply to that request for an extension at all ?

First off I'd give the court a call and ask if default judgment HAS been entered, if not you could get your defence in today. If they have then you could try with Restons about the extension request? suggesting you will apply to set aside any default judgment.