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Cabot/Restons

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  • #1

    Cabot/Restons

    Hi

    I am making my first post!

    I recieved a Claim form from Northampton County Court Business Centre back in Feb 2016, and filled in the details on the MCOL site.

    Today I recieved a, what looks like a very standard issue letter from Restons (I have attached, I hope)

    I have not had any dealings with Cabot inc letters etc. So the Claim form has come straight out of the blue. I have said that I believe that the debt should be SB but as you will see by the letter they claim that April 2011 was the last payment. I have no knowledge of any payments after 2009 as the bank account was closed down.

    Can anyone please help me

    Many thanks
    Attached Files
    Tags: None
  • #2
    Re: Cabot/Restons

    to LB xx

    I'll tag [MENTION=55034]nemesis45[/MENTION] to help (he knows more than me :lol but ... IMO the attached letter is just standard Restons c**p. It is up to the claimant to prove that the debt is NOT SBd, not you to prove it is

    Did you send off CCA and CPR letters after you received the claim?
    Have you already entered your defence?
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle
    • 1 thank

    Comment

    • #3
      Re: Cabot/Restons

      It has been suggested elsewhere that 'phantom payments' have been made to accounts to keep them 'alive' longer.

      Also, statutory payments, such as £1 for CCA requests, & £10 for SAR's, have been 'mistakenly' been paid into the account.

      This, of course, is beneficial to the creditor/assignee. & highly improper!
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #4
        Re: Cabot/Restons

        Hi,
        Always the standard template with dates added an necessary!

        Can you please enlarge on the events regarding the " bank account was closed down down.

        What details if ant appear on your credit reference files? ( You can check Noddle Free Online)

        Was the a bank account with or without an overdraft? Loan?

        To keep Ms Murtagh (Trainee Solicitor ) Busy for a while send her something along the lines of.

        Dear Ms Murtagh,

        Ref: CC Claim No...................................:
        Re: Cabot Financial( UK) Ltd

        Thank you for your letter dated.......................... the contents have been note.

        My statement that the alleged deb is statute barred stands unchanged.

        As you are aware the onus of providing unequivocal proof that the alleged debt is not statute barred fall entirely upon your client.

        Unsupported allegations of mysterious " one off" payments being made some considerable time after an account has been close seems to very common in the UK Debt Collection " industry" and so such claims must be carefully scrutinised, having carefully checked my credit history I can confirm that no activity of any sort in relation to the account from which the alleged debt arises has been made by me since
        approximately xx, xx, 2009.
        Given the above please provide me with written confirmation of the specific details any such payment or confirm that your client has discontinued the claim.

        Yours etc,

        Now extreme care is needed with Cabot and Restons as they are manipulating the system to suit them selves so with any correspondence including CCA and CPR requests use signed for post and check delivery date and signature print off a copy and keep for your records.

        If this is a CCA 1974 agreement e.g. Loan or credit card requiring a £1 fee to request a copy of the agreement you should write " For Statutory Fee Only" on both sides and make a copy for your record.
        It would help if you could post a copy of the claim form after removing personal details and the claim No, or type in the particulars of claim word for word.

        If you have a problem I sure [MENTION=49370]Kati[/MENTION] will be able to help.

        nem
        • 3 likes

        Comment

        • #5
          Re: Cabot/Restons

          HI Nem

          I have just logged into Noddle and its for a credit card under the Cabot Financial (Europe) Ltd, I have certainly not taken a credit card out in their name!

          Account start date was 15/12/03
          Default date 23/08/2011

          Whosenext

          Comment

          • #6
            Re: Cabot/Restons

            Originally posted by nemesis45 View Post
            If you have a problem I sure @Kati will be able to help.
            nem
            of course
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment

            • #7
              Re: Cabot/Restons

              Originally posted by whosenext View Post
              HI Nem

              I have just logged into Noddle and its for a credit card under the Cabot Financial (Europe) Ltd, I have certainly not taken a credit card out in their name!

              Account start date was 15/12/03
              Default date 23/08/2011

              Whosenext
              Ok The Cabot Group of Companies is a debt purchaser and has bought the credit card debt from the original card provider, recently Cabot acquired a portfolio of Capital One Credit Card debts some fairly recent some like yours very old my guess is this is such a debt.

              This puts a different aspect for dealing with the claim, do you recall a Capone account? How would you have paid each month, DD/ SO / over bank counter?

              nem

              Comment

              • #8
                Re: Cabot/Restons

                Hi Nem

                Yes I do

                Comment

                • #9
                  Re: Cabot/Restons

                  Originally posted by whosenext View Post
                  Hi Nem

                  Yes I do
                  Ok how were payments made each month? The 23 /08/11 default date ties in with Restons claim so we need to know when the last payment Or written acknowledgment of the debt was made?

                  nem

                  Comment

                  • #10
                    Re: Cabot/Restons

                    The payments were made by Direct Debit. Last payment I have no idea, I guess before 2010. I have no written acknowledgement

                    Comment

                    • #11
                      Re: Cabot/Restons

                      Originally posted by whosenext View Post
                      The payments were made by Direct Debit. Last payment I have no idea, I guess before 2010. I have no written acknowledgement
                      Do you have the same bank account now?

                      nem

                      Comment

                      • #12
                        Re: Cabot/Restons

                        No all accounts with that bank were closed in 2009/2010

                        Comment

                        • #13
                          Re: Cabot/Restons

                          Originally posted by whosenext View Post
                          No all accounts with that bank were closed in 2009/2010
                          Do you have the Capone account Number?

                          nem

                          Comment

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