Restons/cabot help!

[hypnovic]

Hi.

Hoping for help with a now long and convoluted case, where by Restons have taken me to court over a debt a i believed to be statute barred.

Today the judge approved my application to have the judgement set aside as Restons had not provided the evidence required to prove it was not, they unfortunately have obtained proof it was not statute barred but as they failed to provide it within the time frame given it was not taken into consideration today, and the case has been tracked to small claims. Restons are also now chasing me for their costs of opposing them to the sum of £2000.

Where do I go from here?

Can I make a settlement offer or propose a repayment plan to avoid small claims as I now know I cannot pursue the statute barred defence?

Can they recover costs even though it would never of gone to court had they provide proof of liability before now?

This is making me ill. I just want to put an end to it.

Thanks

[nemesis45]

Re: Restons/cabot help!

Hi.

Hoping for help with a now long and convoluted case, where by Restons have taken me to court over a debt a i believed to be statute barred.

Today the judge approved my application to have the judgement set aside as Restons had not provided the evidence required to prove it was not, they unfortunately have obtained proof it was not statute barred but as they failed to provide it within the time frame given it was not taken into consideration today, and the case has been tracked to small claims. Restons are also now chasing me for their costs of opposing them to the sum of £2000.

Where do I go from here?

Can I make a settlement offer or propose a repayment plan to avoid small claims as I now know I cannot pursue the statute barred defence?

Can they recover costs even though it would never of gone to court had they provide proof of liability before now?

This is making me ill. I just want to put an end to it.

Thanks

Hi welcome to LB,

What proof has been provided to show the alleged debt is not statute barred?

nem

[hypnovic]

Re: Restons/cabot help!

A screen shot of payments made to a company called macenzie hall of £5 a month from 2008 -2011.

I have been trying to obtain proof of the debt being mine and its statute barred status since may.

thanks

[R0b]

Re: Restons/cabot help!

Did the judge declare that the debt was statute barred? Assuming small claims, there was no order as to costs?

and the costs related to the hearing of the claim that was thrown out?

[Amethyst]

Re: Restons/cabot help!

Good news on getting the setaside You now have to decide whether to settle to keep it out of your credit file or to go forwards defending the claim.

A screen shot of payments made to a company called macenzie hall of £5 a month from 2008 -2011.

Did you make those payments ? ( check with your bank)

[hypnovic]

Re: Restons/cabot help!

Did the judge declare that the debt was statute barred? Assuming small claims, there was no order as to costs?

and the costs related to the hearing of the claim that was thrown out?

No the Judge set it aside on the grounds I have a chance of successfully defending the claim, However I now do not believe I do.

costs to be decided at small claim hearing i think

- - - Updated - - -

yes I did make them

- - - Updated - - -

yes i made them

[nemesis45]

Re: Restons/cabot help!

No the Judge set it aside on the grounds I have a chance of successfully defending the claim, However I now do not believe I do.

costs to be decided at small claim hearing i think

- - - Updated - - -

yes I did make them

- - - Updated - - -

yes i made them

Is there any other potential defence to the original claim?

nem

[hypnovic]

Re: Restons/cabot help!

only that they have not provided me with proof of original debt, the judge was going to order that they did this but their sols fought that on some sub section rule or something.

I took out the credit card debt in 2003 it had a £1000 limit, they are demanding £2575 plus have made an application for costs of £2000. I can borrow up to £1000 to make a settlement offer or a low regular payment as I am on a low income.

They have not sent me any evidence. I am to enter my defence in next 14 days, they have til feb to file evidence and i have til march to respond to it.

I just want it over in the cheapest way possible.
im glad the ccj set aside but i feel ive won the battle but lost the war so to speak.

[R0b]

Re: Restons/cabot help!

More information on the debt would be useful but as far as Restons chasing costs of opposing them do you mean they are trying to claim from you £2000 in relation to the setting aside of the judgment? If so, kindly remind them of their obligations under the SRA Code of Conduct.

Outcome 11.1

you do not take unfair advantage of third parties in either your professional or personal capacity

Acting in the following way(s) may tend to show that you have not achieved these outcomes and therefore not complied with the Principles:

demanding anything for yourself or on behalf of your client, that is not legally recoverable, such as when you are instructed to collect a simple debt, demanding from the debtor the cost of the letter of claim since it cannot be said at that stage that such a cost is legally recoverable

[hypnovic]

Re: Restons/cabot help!

yes they were trying to claim those cost in relation to the hearings so far and by the looks of it every letter they have sent to me, I do not believe the judge received their application for me to pay costs in time for todays hearing. I dont have any more information on the debt Other than I defaulted in 2005

[R0b]

Re: Restons/cabot help!

I took out the credit card debt in 2003 it had a £1000 limit, they are demanding £2575 plus have made an application for costs of £2000. I can borrow up to £1000 to make a settlement offer or a low regular payment as I am on a low income.

Tell them where to go on the £2000 costs, you can only gain fixed costs set out in Part 45 where applicable and recovery of the application fees.

[hypnovic]

Re: Restons/cabot help!

So What do I do next? If I make an offer can they turn it down drag it back to court and charge me more? this is stressing me out beyond belief. will the court respond to their application for costs? do they still count given that i "won" today? I am so confused. sorry thanks

[Amethyst]

Re: Restons/cabot help!

Get a CCA request sent off to the creditor and start forming your defence. Your statute barred defence may have fallen away now you know you made the payments to mackenzie hall but they still require the original agreements to enforce, and they need to evidence they have the legal rights over the debt. This is a credit card from 2003. A limit of £1000. A claim of nearly £3k. there will be charges in there you may be able to defend. The agreement may have faults, they may not have it at all.

They can bugger off with a £2k claim for costs in small claims track. Do you have a copy of this application for costs? ( or the letter they sent you telling you they would be applying )


( btw the Judgment has now been set aside and the case has reverted to if there has never been a judgment, therefore the CCA sections do apply - just if that was the 'subsection' their legal rep was arguing )

[hypnovic]

Re: Restons/cabot help!

Yes I have a copy of the claim for costs but not able to scan to post here. I am happy to peruse it but feel petrified of incurring more costs, Do I send a cca request to restons cabot macenzie or all of them?

[joedempsey]

Re: Restons/cabot help!

Send the request to Cabot they are the current owners...but if it was once owned by Mackenzie hall they were bottom feeders of the debt world then it's likely Cabot won't be able to get the agreement