Restons/cabot help!

[hypnovic]

Re: Restons/cabot help!

Its gone from littlewoods barclycard to macenzie to cabot to restons by the look of it

[Amethyst]

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?

Can you take a picture with your phone or webcam and email it to me ? They are usually good enough quality to read that way. ( admin@legalbeagles.info )


Yes the CCA goes to Cabot as Joe mentioned xx As a littlewoods agreement originally was it a catalogue rather than a credit card ??

In 2003 littlewoods were exceedingly bad at retaining or even getting agreements.

[hypnovic]

Re: Restons/cabot help!

it was a credit card, littlewood-barclycard. Before I saw the payment schedule they did not get to use today I was using the defence of it being statute barred but i raised with the judge today I do not recognise the debt as mine as have never taken out credit of more than £1000 and know of another person with the same name and dob as me as our details have been confused before, have seen no evidence of this debt being mine. cant send screen shot or anything have an old style samsung no camera!

the letter simply states.

we enclose by way of service our cost schedule for the upcoming hearing please ensure you are in attendance.
Statement of costs for hearing on 09/11/15
it then has a breakdown of cost as follows:

emails;£ 66
telephone;£ 22
Attendances on opponents
letters out/emails £99
Attendance on others
letters out £210
telephone £ 55
work done on documents as set out in schedule
reveiw of set aside application £22
review of file and docs £110
n244 applications £44
witness statement £66
costs schedule £33
total £275
sub total £726
fee for hearing £350
court fees £250
councils fees for hearing £600
total £1946
vat on sols and concils fee £215
grand total £2161.20

I cant thankyou enough for your help

[Amethyst]

Re: Restons/cabot help!

Definately get a CCA request sent off then.

I'll see if someone can look in on the insane costs schedule.

[Amethyst]

Re: Restons/cabot help!

no mention of unreasonable behaviour etc in the accompanying letter?

[R0b]

Re: Restons/cabot help!

First of all, the costs schedule is for the hearing of set aside correct? The judge set aside the CCJ, they lost and are therefore not entitled to any costs at all, provided there was no unreasonable behaviour on your part (assuming there wasn't).

In a small claims court, subject to unreaosnable behaviour and discontinuance, the successful party will be entitled to the cost of the application, and fixed costs set out under part 45. In your case, £80.

In other words, stick 2 fingers up at them and threaten them with harassment and reporting to the SRA.

[hypnovic]

Re: Restons/cabot help!

thank you all so so much, there has been no unreasonable behaviour and no mention of any in any letter.
yes that was costs for the set aside and yes they lost that one.

was hoping for it to be over with now but here we go again!

cca request it is!

[Amethyst]

Re: Restons/cabot help!

I am surprised the Judge has even considered the costs schedule considering the claimant should have provided the evidence on the stat barred status before the hearing.

Did the Judge give you a date by which to submit your defence?

[VicW]

Re: Restons/cabot help!

yes I have til the 24 th to submit defence and til march to supply and evidence I wish to use.

The judges so far have made it quite clear they Dont like restons much and are not happy with the way they have done things.

CCA sent today, again thanks so much for all help.

you may well have saved me from putting my head in the oven

[hypnovic]

Re: Restons/cabot help!

Hi,
I wrote a letter to Restons requesting a copy of cca, I enclosed a postal order payable to Restons, who have been dealing with the case.

they replied as follows:

we acknowledge receipt of your letter which purports to be your section 78 cca 1974 request.
we are returning this request to you.
The section 78 cca needs to be made to the creditor cabot financial. your postal order has been made payable to restons which is incorrect. please ensure any future request is made payable to the correct party.


so am i writing the same letter to Restons but making the po payable to cabot or should I be writing directly to cabot?
|Thanks in advance

[joedempsey]

Re: Restons/cabot help!

Hi,
I wrote a letter to Restons requesting a copy of cca, I enclosed a postal order payable to Restons, who have been dealing with the case.

they replied as follows:

we acknowledge receipt of your letter which purports to be your section 78 cca 1974 request.
we are returning this request to you.
The section 78 cca needs to be made to the creditor cabot financial. your postal order has been made payable to restons which is incorrect. please ensure any future request is made payable to the correct party.


so am i writing the same letter to Restons but making the po payable to cabot or should I be writing directly to cabot?
|Thanks in advance

NO you should have sent the CCA request to CABOT and the postal order along with

[hypnovic]

Re: Restons/cabot help!

ok thanks. just saw that had been posted b4, they are not wrong when the say stress makes you stupid hey!

[hypnovic]

Re: Restons/cabot help!

Hi everyone. I sent my cca to Cabot which was signed for on Nov 20th. We are over the 12 +2 days now and had no response they have not cashed the cheque either what next?
Im due to defend the claim in small claims track in march, can this hearing go ahead without the cca?

Thanks ☺

[nemesis45]

Re: Restons/cabot help!

Hi everyone. I sent my cca to Cabot which was signed for on Nov 20th. We are over the 12 +2 days now and had no response they have not cashed the cheque either what next?
Im due to defend the claim in small claims track in march, can this hearing go ahead without the cca?

Thanks ☺

Cabot will have to disclose any documents it intends to rely on at least 14 days before the hearing.
Without the CCA Cabot cannot enforce the debt. Don't chase the request!!

Phone the court office to check if Cabot's solicitor has filed anything.

nem

[hypnovic]

Re: Restons/cabot help!

Thanks Cabot haven't been dealing with the debt I've been fighting restons (nasty bullies)and so far won twice, reasy for round three! Thanks ☺