Hello - Issue with Cabot & Restons

[mat6028]

Just thought id say hi to everyone on this forum and ask for some advise reference a DCA Cabot and their solicitors Restons who are been a pain, not sure if this is the right forum but here goes with the facts so far.

• Received a "Welcome" pack from Cabot in August to say they have been sold an alleged CC Dept from TSB - To be honest I ignored it, then got the "we want to offer you a discount" I did not respond, in November I got "we have been unable to contact you so we are referring you to our solicitors, Restons"
• A few days later I got letter from Restons demanding that I pay them by the 25th November or they would commence proceeding's and obtain a judgment in default of £50 pm and drawing my attention to the offer of a reduced amount.
• I sent a CCA request to Cabot by signed for mail on the 24th and a request for further information to Restons at the same time treating their letter as a letter before action as pre action conduct
• Cabot responded with the usual we do not have the information on file and have requested the credit agreement, statement of account , and original and varied terms from the original lender, they have acknowledged the 12 day time limit before the account becomes unenforceable and have stated they anticipate having it within 40 days. As of today I have received nothing.
• Yesterday I got a response from Restons attached

I would appreciate and thoughts , comments on the next step, do I draft a response to Restons drawing their attention to their clients response to the CCA request.

[nemesis45]

Re: Hello - Issue with Cabot & Restons

Just thought id say hi to everyone on this forum and ask for some advise reference a DCA Cabot and their solicitors Restons who are been a pain, not sure if this is the right forum but here goes with the facts so far.

• Received a "Welcome" pack from Cabot in August to say they have been sold an alleged CC Dept from TSB - To be honest I ignored it, then got the "we want to offer you a discount" I did not respond, in November I got "we have been unable to contact you so we are referring you to our solicitors, Restons"
• A few days later I got letter from Restons demanding that I pay them by the 25th November or they would commence proceeding's and obtain a judgment in default of £50 pm and drawing my attention to the offer of a reduced amount.
• I sent a CCA request to Cabot by signed for mail on the 24th and a request for further information to Restons at the same time treating their letter as a letter before action as pre action conduct
• Cabot responded with the usual we do not have the information on file and have requested the credit agreement, statement of account , and original and varied terms from the original lender, they have acknowledged the 12 day time limit before the account becomes unenforceable and have stated they anticipate having it within 40 days. As of today I have received nothing.
• Yesterday I got a response from Restons attached

I would appreciate and thoughts , comments on the next step, do I draft a response to Restons drawing their attention to their clients response to the CCA request.

Hello mat, welcome to LB,
Is Cabot Financial UK Ltd, the claimant named on the N1 claim form?

It seems MFS Portfolio is the claimant according to Restons?

Can you post up copy of the claim form please after removing all personal
identifiers.

This seem very confused, what did yo send to Restons?


nem

[mat6028]

Re: Hello - Issue with Cabot & Restons

Hi nemesis
thank you for your reply, as of today I have not received a claim form from Restons, just the last attached letter in my response to more information, I will upload what I sent to them although I must confess it was some what a long letter.I hope I have not cocked up with it.
I can upload the other previous letters received if required.

[nemesis45]

Re: Hello - Issue with Cabot & Restons

Hi nemesis
thank you for your reply, as of today I have not received a claim form from Restons, just the last attached letter in my response to more information, I will upload what I sent to them although I must confess it was some what a long letter.I hope I have not cocked up with it.
I can upload the other previous letters received if required.

Ok Mat. Some points.

1. A debt purchaser such as the Cabot Group buys debts/accounts and inherits the rights and obligations inherent in the agreement.

2. A CCA request is specific a copy of an agreement or compliant reconstituted copy + a signed current statement of the account.
It does no allow for historic statements/ breakdowns of costs and other documents. ( These would be the subject of a Subject Access
request made under the provisions of the Data Protection Act 1998.

3. All the following demand fall into the SAR category a debt purchaser does not have the data and has no obligation to obtain/provide it.

4. CPR 31.14 request is also specific Only Documents specified in the Particulars/Statement of claim can be requested again all else is for a SAR
which is made to the original creditor and has a statutory fee of £10 and a 40 day timescale.

5. Deed of Assignment/ Novation etc. Will serve no purpose in your letter. This data forms part of the contract between the debt seller (your original creditor ) and
the debt purchaser ( the claimant) as such it is Confidential sensitive commercial data, and even if a judge ordered disclosure it would be redacted in the extreme as
it contains not just detail of your debt but many thousands of others.

I suggest that you leave this tack and do the following.

1. A CCA request to the claimant ( exact name as on N1 claim form and same address. enclose £1 postal order made payable
to the claimant and endorsed " for statutory fee only" again exact name as on the form. Use the template from the forum library and send by signed for post.

2. A CPR 31.14 request to the solicitors requesting only the documents mentioned in the statement of claim. (Nothing else) use the template from the forum library.

To be straight forward here Mat, you cannot just demand documents/ information with a court claim processes have timescales and specific processes that must be
adhered to, otherwise the confusion could leave you with a judgement by default because the process has not been followed.

nem

[mat6028]

Re: Hello - Issue with Cabot & Restons

Thanks nem

as i have not yet received a claim form do i wait until i have so i can find out who the claimant is as the letters seem to differ between Cabot and MFS portfolio , i have sent the CCA request to Cabot in November.
sorry for so many questions

[nemesis45]

Re: Hello - Issue with Cabot & Restons

Thanks nem

as i have not yet received a claim form do i wait until i have so i can find out who the claimant is as the letters seem to differ between Cabot and MFS portfolio , i have sent the CCA request to Cabot in November.
sorry for so many questions

My reasoning was to give you an insight into the processes of the court and it's scope and limitations.

Historical account data is not under the control of a debt purchaser and they have no interest in why/how
the debt arose.

The Data Protection Act 1998 makes provision for making a Subject Access Request (SAR) for all the Personal
Data a creditor holds on an individual this os not linked to any court process.

Cabot has a little empire of companies, now including Marlin and Hillesden Securities T/A DLC.

nem