cabot / restons CCJ proceedings

[m_cosmic]

hi
this is my first post asking for help so please bear with me

on the 7th April 2011 i received a statement of default from capital one for a credit card debt which was very quickly taken over by F.T.C
i sent a section 78 CCA request along with the £1 postal order which receipt of was confirmed on the 12th may 2011 informing me that the CCA request was forwarded to capital one and the account had been placed on hold

on the 8th of july 2011 capquest debt recovery started sending letters threatening legal proceedings if debt not paid, after the fourth letter i reminded capquest that a CCA request had been filed and until i receive a copy of it the account is in dispute
on the 23 aug 2011 confirming they had received my letter and the account is put on hold

on the 14th nov 2011 debt recovery letters started to arrive from Fredrickson international limited
i sent the same letter to fredrickson as i did to capquest informing them that a cca request was in place.
on the 6th december 2011 i receive a letter from Bryan carter solicitors demanding payment and threatening litigation, i replied to this letter on the 9th december 2011 asking if they could prove the debt exists
on the 15th december 2011 a letter confirming they had received my letter and placed the account on hold.
the next letter i received on the 22nd december 2011 confirmed the receipt of the letter sent to bryan carter solicitors informing me the matter would be referred back to there clients ( capitol one i presume )

there a few letters in-between basically asking for money from all of the above but that was as far as it got

more recently i have been receiving letters from cabot and restons solicitors saying the debt has now been sold to cabot
the first letter to arrive from cabot came on 21st october 2015, another on the 4th november and another on the 18th november 2015 all saying the same thing pay up or else
on the 21st of november i sent a prove the debt exists type letter to cabot which was ignored
on the 4th december i received a letter from restons threatening legal proceedings if debt is not paid so i sent a prove the debt exists type letter which they replied to saying as solicitors they do not hold a copy of the credit agreement and i should send the request to the correct party with the appropriate fee ( i thought i already had to capital one )
restons have now applied for a CCJ at northhampton county court on the behalf of cabolt which i have acknowledged and filed a defence stating that the CCA request i filed back in 2011 was never received
and the case should not have gone to court or words to that effect
i also sent off another section 78 CCA request to cabolt and a request to see all documents related to the CCJ sent to restons

the latest letter from restons is asking me to provide documentation about sending a s.78 CCA request on the 19th april 2011 which was not complied with and would like the documentation by the 1st march 2016 so they can review the matter with their client.

do i have to send them documentation of the CCA request i made back in 2011 ?

i might have jumped the gun with putting my defence in early can i amend my defence at a later date ?

everything i have requested over the years has been ignored and to be honest i have no clue where is stand
any help would be greatly appreciated

[m_cosmic]

Re: cabot / restons CCJ proceedings

nobody ??

[Amethyst]

Re: cabot / restons CCJ proceedings

Hiya, apologies for missing your post last night xx just having a read through for you

do i have to send them documentation of the CCA request i made back in 2011 ?

It would help if you did as you have used in in your defence. It is superseeded by your new request anyway so they still have to comply.

Do you have a copy of the text you used in your defence ? You will be able to amend but it does carry an application fee, and won't really need doing unless they suddenly come up with the CCA ( unless its really really bad of course - but doesn't sound like it)

[m_cosmic]

Re: cabot / restons CCJ proceedings

Hiya, apologies for missing your post last night xx just having a read through for you



It would help if you did as you have used in in your defence. It is superseeded by your new request anyway so they still have to comply.

Do you have a copy of the text you used in your defence ? You will be able to amend but it does carry an application fee, and won't really need doing unless they suddenly come up with the CCA ( unless its really really bad of course - but doesn't sound like it)

thanks for replying
i have compiled a short letter and included a copy of the CCA request and acknowledgement letter i received and will be sending that off tommorow

the text i used in my defence is rather short and not very well written but i think it gets the point across that a CCA request was submitted back in 2011
and this case really shouldn't be in court

here is the text

This account has been in dispute since May 2011 with the original
creditors ( Capitol one ) a formal CCA request was submitted and
acknowledged on the 19th April 2011. No CCA or any form of
documentation have been received therefore making a claim in court
inadmissible until such time a true signed copy of a CCA is
received by me to prove it exists

i know it's not very well written i am no legal expert and i wanted to get my say in and not miss the deadline
i'm hoping it's enough to make cabot ( or restons ) sit up and take notice
i might be barking up the wrong tree but if my thoughts are right my case cannot be taken to court until the CCA request is fulfilled

any further thoughts would be greatly appreciated

[Amethyst]

Re: cabot / restons CCJ proceedings

Okay. We will probably need to amend if they do push forwards but it has obviously given them something to think on re the non compliance with the CCA.

The case can be taken to court without the CCA but it can't get to judgment without it.

Have a mooch at our example Defence > http://www.legalbeagles.info/forums/...t-Court-Claims ( not in a look what you should have done way, more for future ref so you have a better grasp of the principles )

[Amethyst]

Re: cabot / restons CCJ proceedings

Do you want to post your draft letter up btw if you want some input?

[m_cosmic]

Re: cabot / restons CCJ proceedings

thanks for the replies and sorry for the delay responding
iv'e not heard back from restons yet although they have received the documents they asked for i will update when i get a response

[m_cosmic]

Re: cabot / restons CCJ proceedings

Restons have now replied to my letter containing proof of a CCA request in may 2011 that had not been complied with
the letter basically say they acknowledge the letter i sent and are requesting the CCA documents from the relevant bodies but it might take some time, they also remind me that once the documents are provided the case will continue

so now i wait to see if the CCA turns up but in the mean time the question i have is
restons applied for a CCJ at northhampton county court on the behalf of cabolt on the 21/01/2016, i submitted a defence on 23/01/2016 and the defence was received on the 25/01/2016
am i right in thinking restons / cabot have a limited period of time to respond to my defence of 28 days or there about ?
it's clearly now past that time period do i contact the courts to find out what is happening and if the courts have had no response from restons / cabot do i ask for the case to be stayed or does that happen automatically ?

any help with this will be greatly appreciated

thanks

[MIKE770]

Re: cabot / restons CCJ proceedings

it will be stayed after 28 days for their non action! could ring the courts to confirm?

[charitynjw]

Re: cabot / restons CCJ proceedings

Did you offer a 28-day extension, & did they agree to it?

[m_cosmic]

Re: cabot / restons CCJ proceedings

it will be stayed after 28 days for their non action! could ring the courts to confirm?

thanks for the reply
if the stay is automatic i don't think there is a need to ring the courts is there ?

[m_cosmic]

Re: cabot / restons CCJ proceedings

Did you offer a 28-day extension, & did they agree to it?

thanks for the reply

i am not aware of a 28 day extension offered or agreed to, would this be in writing somewhere if it existed ?
to be honest i'm not sure what a 28 day extension is

[charitynjw]

Re: cabot / restons CCJ proceedings

thanks for the reply

i am not aware of a 28 day extension offered or agreed to, would this be in writing somewhere if it existed ?
to be honest i'm not sure what a 28 day extension is

Did you not refer to the suggested course of action shown at the top of the 'court claim' section of the forum?

[nemesis45]

Re: cabot / restons CCJ proceedings

thanks for the reply

i am not aware of a 28 day extension offered or agreed to, would this be in writing somewhere if it existed ?
to be honest i'm not sure what a 28 day extension is

You filed your defence on 23/0116 and it was received by the Court? 25/01/16 Correct the court then passes copy to the defendant solicitors time scale 5 days for service 28 days to respond.

nem

[m_cosmic]

Re: cabot / restons CCJ proceedings

Did you not refer to the suggested course of action shown at the top of the 'court claim' section of the forum?

thanks for taking the time to reply

i'm not sure why i would want a 28 day extension i filed my defence within a couple of days of receiving the the claim
the defence is pretty straightforward, a s78 CCA request was submitted 5 years ago and not complied with i can't see how a 28 day extension would help me
i had already filed my defence before i started this thread maybe a 28 day extension might of helped me before the horse had bolted so to speak but hindsight is a wonderful thing