CCA request denied

[geezer]

Hi

Received a County Court Claim for a debt over 12 years old that had been passed to Cabot. Despite paying regularly a claim was put in and our calls to cabot ignored.

I sent a CCA letter to the solicitor and the court, with fee of £1. Court signed for it well within the time frame, solicitor did not.

Letter from solicitor received today saying:

"Your request is returned to you because we are not the creditor - we are a firm of solicitors
In any event there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice issued by the bank. we refer you to Rankine vs American Express Services Europe Ltd

As there was no response to the Court documentation within the timeframe we have requested a Couny Court Judgement is entered against you in default."


We have a copy of the court signature for the documentation as proof and they had a copy of the CCA letter

Advice on where to go next anyone?

[Noah]

Re: CCA request denied

Ok so you received a court claim

Did you acknowledge the claim ?

Did you enter a defence?

What was the date of the court claim?

There was no need to send the CCA request to the court and it should have been sent to the claimant and not their solicitors , however , it seems some claimants are referring all paperwork to them

Some more details are really needed


Name of solicitors
Approx value of claim
Date of Claim ( on the claim form)
Did you acknowledge the claim as the claim pack tells you to?
Did you enter a defence?

[nemesis45]

Re: CCA request denied

Hi

Received a County Court Claim for a debt over 12 years old that had been passed to Cabot. Despite paying regularly a claim was put in and our calls to cabot ignored.

I sent a CCA letter to the solicitor and the court, with fee of £1. Court signed for it well within the time frame, solicitor did not.

Letter from solicitor received today saying:

"Your request is returned to you because we are not the creditor - we are a firm of solicitors
In any event there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice issued by the bank. we refer you to Rankine vs American Express Services Europe Ltd

As there was no response to the Court documentation within the timeframe we have requested a Couny Court Judgement is entered against you in default."


We have a copy of the court signature for the documentation as proof and they had a copy of the CCA letter

Advice on where to go next anyone?

Hello geezer,

Send your CCA to the claimant as shown on the N1 claim for use a PO and mark it " For Statutory Fee Only" on both side make a copy and keep for your records. NB Cabot cannot enforce the debt without the agreement or a compliant reconstituted one. No point in sending a CCA request to the court it will not have any documents.

Is Restons the solicitor?

What is the debt, credit card, loan, overdraft/current account?
How much is claimed?
When was the account defaulted?
Do you know when the last payment or written acknowledgement was made in reference to the account.

nem

[Noah]

Re: CCA request denied

Nemesis
It looks like they MAY be requesting a default judgement so lets check that out first, if a judgement is entered then no CCA request will be honoured

[nemesis45]

Re: CCA request denied

Hi

Received a County Court Claim for a debt over 12 years old that had been passed to Cabot. Despite paying regularly a claim was put in and our calls to cabot ignored.

I sent a CCA letter to the solicitor and the court, with fee of £1. Court signed for it well within the time frame, solicitor did not.

Letter from solicitor received today saying:

"Your request is returned to you because we are not the creditor - we are a firm of solicitors
In any event there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice issued by the bank. we refer you to Rankine vs American Express Services Europe Ltd

As there was no response to the Court documentation within the timeframe we have requested a Couny Court Judgement is entered against you in default."


We have a copy of the court signature for the documentation as proof and they had a copy of the CCA letter

Advice on where to go next anyone?

Can you please post a copy of the claim form after removing all personal data, leave dates in place.
Did you acknowledge service of the claim? Intention to defend?
What is the date on the letter you quote above?

nem

- - - Updated - - -

Hi

Received a County Court Claim for a debt over 12 years old that had been passed to Cabot. Despite paying regularly a claim was put in and our calls to cabot ignored.

I sent a CCA letter to the solicitor and the court, with fee of £1. Court signed for it well within the time frame, solicitor did not.

Letter from solicitor received today saying:

"Your request is returned to you because we are not the creditor - we are a firm of solicitors
In any event there is no longer an "agreement" as this was terminated when you failed to comply with the terms of the Default Notice issued by the bank. we refer you to Rankine vs American Express Services Europe Ltd

As there was no response to the Court documentation within the timeframe we have requested a Couny Court Judgement is entered against you in default."


We have a copy of the court signature for the documentation as proof and they had a copy of the CCA letter

Advice on where to go next anyone?

Can you please post a copy of the claim form after removing all personal data, leave dates in place.
Did you acknowledge service of the claim? Intention to defend?
What is the date on the letter you quote above?

nem

[geezer]

Re: CCA request denied

Hi

Acknowledged the claim and sent back financial details so no didn't enter a defence...

Restons solicitors. The debt was being paid regularly under another debt company until Cabot took over. Cabot, despite receiving payments sent us the claim . Rang cabot who said it was out of their hands. Restons very difficult to contact to try and explain.
Also claim was sent to an old address and Restons are still sending to there despite having the new address.

will try and send a copy of the claim with dates etc

[Noah]

Re: CCA request denied

If you can't upload pictures out could just tell us the date. You have 33 days from the date on the claim form to enter a defence.

[geezer]

Re: CCA request denied

If you can't upload pictures out could just tell us the date. You have 33 days from the date on the claim form to enter a defence.

Hi

The claim is dated 10 march 2016

[Noah]

Re: CCA request denied

Ok so all is quite lost . You need to get a defence in tonight although it might be just too late.

http://legalbeagles.info/forums/foru...-a-Court-Claim

The link there shows some sample defences based on non disclosure.
I would state that you sent the cca request to the claimants solicitor and also mention how long it took them to respond. Add that a fresh cca request has been sent to the claimant

Edit the rest to suit

Tomorrow send a cca request to Cabot with the fee and get proof of posting.
[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

any my other Ideas?

[geezer]

Re: CCA request denied

Ok so all is quite lost . You need to get a defence in tonight although it might be just too late.

http://legalbeagles.info/forums/foru...-a-Court-Claim

The link there shows some sample defences based on non disclosure.
I would state that you sent the cca request to the claimants solicitor and also mention how long it took them to respond. Add that a fresh cca request has been sent to the claimant

Edit the rest to suit

Tomorrow send a cca request to Cabot with the fee and get proof of posting.
@Amethyst @nemesis45

any my other Ideas?

Many thanks for your swift replies and help. because of the Royal Mail redirection we received everything late...
We will re-send the letter to Cabot as suggested and see how we get on. If a CCJ gets applied do we have any way of applying for it be removed based on the fact that we were already paying the debt, and that the solicitor was very slow to react, plus the Royal Mail re-direction delay?

Thanks again!

[nemesis45]

Re: CCA request denied

Many thanks for your swift replies and help. because of the Royal Mail redirection we received everything late...
We will re-send the letter to Cabot as suggested and see how we get on. If a CCJ gets applied do we have any way of applying for it be removed based on the fact that we were already paying the debt, and that the solicitor was very slow to react, plus the Royal Mail re-direction delay?

Thanks again!

Geezer,

I suspect that Restons has already applied to the court for summary judgement to be entered.

But please quickly get a defence together post it here then tag me [MENTION=55034]nemesis45[/MENTION] and I will go through it with you.

nem

[geezer]

Re: CCA request denied

Geezer,

I suspect that Restons has already applied to the court for summary judgement to be entered.

But please quickly get a defence together post it here then tag me @nemesis45 and I will go through it with you.

nem

Do you think we could apply for it be set aside. It was sent to the wrong address and shouldn't have go as far as a claim anyway as regular payments were being made. Could we also then ask for proof of the debt?

[nemesis45]

Re: CCA request denied

Do you think we could apply for it be set aside. It was sent to the wrong address and shouldn't have go as far as a claim anyway as regular payments were being made. Could we also then ask for proof of the debt?

Yes You could apply for set aside because of lateness in receiving the claim.

nem

[geezer]

Re: CCA request denied

Hi
just an update on cabot. It appears the debt was sold on from Moorcroft but address change and payment arrangements were not. Still paying Moorcroft who it appears are late in passing the funds to Cabot. Had this debt sold on before but all went smoothly. Spoke to Restons who said speak to cabot and you guessed it cabot say speak to restons.... restons rarely answer the phone or call. Put in a complaint to Cabot who have acknowledged and also asked for a copy of original credit agreement via CCA letter to Cabot.

[geezer]

Re: CCA request denied

Hi

Another update and advice please! Received a judgement today lower payment than had been paid for 6 years and considerably lower than the one cabot were pushing for. Of course CCJ now, so not so good. Sent in a CCA letter to cabot who so far have not come up with anything. Can we apply for a set aside based on the delays and that Cabot have to prove the debt is theirs? There is still a payment going to the original collector moor croft and a payment has never been missed. Any ideas?

Thanks