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Court defence help please Restons "solicitors"

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  • #1

    Court defence help please Restons "solicitors"

    Hi everyone I wonder if you can help me please?

    Ive been chased for a debt over the last year by Cabot. Three times I have asked them to "prove" the debt to me and 3 times thats been ignored. I have had calls to my workplace and written to tell them to stop harassing me.
    I recently received a court paper and went online to them to put a defence in saying that I had requested proof of the debt etc etc. Restons solicitors have now wrote to me and in a very bullish way told me my defence wont stand water in court and I need to prove I asked for the proof in the first instance. They claim I would have received statements from the catalouge company over the life of the account etc and thats proof enough on their behalf
    Im not chased by any catalouge company Im being chased & harassed by Cabot I have no idea who they are!
    They have now given me 14 days to search find and send all my proof of harassment and statement requests.

    Please help Im very stressed by all this

    Thanks in advance
    Tags: None
  • #2
    Re: Court defence help please Restons "solicitors"

    Hi Mrsf1964, welcome to LB.

    What is the alleged debt for (credit card, loan, etc) & approx how much?
    What is the court claim issue date?
    Did you submit the defence at the same time as acknowledging the claim?
    If so, could you let us know the exact wording? (Remove personal data).
    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

    • #3
      Re: Court defence help please Restons "solicitors"

      Hi thanks for your quick response
      Debt is for catalouge
      Ammount claimed £602 plus £60 court fee and £70 solicitors fees
      Court claim issue date 9.3.17
      Unsure what I did sorry I think I just did a defence and admitted nothing

      Copy of my defence:

      Defence


      I have been constantly harassed by this company.
      I have 3 times contacted them and said I do not acknowledge this
      debt. I have asked for an original copy of any credit agreement
      they may have to support this claim and they have completely
      ignored my requests.

      I will not pay a debt I do not believe to belong to me,and under
      the Consumer credit act 1974 I require the following:

      1. True copy of original signed executed credit agreement
      2. FULL Statement of account
      3. Copy of the executed deed of assignment from (original
      creditor) and (DCA)
      4. A fair processing notice.


      Thanks for your help
      Kind regards

      Comment

      • #4
        Re: Court defence help please Restons "solicitors"

        Have you sent a formal CCA s78 request c/w the statutory £1 fee to Cabot?
        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

        • #5
          Re: Court defence help please Restons "solicitors"

          I am no expert but that defence would do no good in court or am I wrong

          Comment

          • #6
            Re: Court defence help please Restons "solicitors"

            No? Sorry I dont understand... I have emailed them 3 times and requested it but all my requests were ignored...

            Comment

            • #7
              Re: Court defence help please Restons "solicitors"

              Have you sent the formal request and paid the fee and have you submitted that defence to the court

              Comment

              • #8
                Re: Court defence help please Restons "solicitors"

                As [MENTION=5553]charitynjw[/MENTION] said you need to send a formal S78 request by post with the fee of £1

                The problem is you will also need to amend the defence based on that and i do not know how that is possible without costing money

                maybe [MENTION=6]Amethyst[/MENTION] could help
                • 1 thank

                Comment

                • #9
                  Re: Court defence help please Restons "solicitors"

                  When did you file your defence?
                  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

                  • #10
                    Re: Court defence help please Restons "solicitors"

                    I filed defence same day I had no idea I had to pay to request an original credit agreement! Seems Ive been very naive..... :-(

                    Comment

                    • #11
                      Re: Court defence help please Restons "solicitors"

                      Have you received confirmation from the court that your defence has been filed/accepted?
                      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
                      • 1 thank

                      Comment

                      • #12
                        Re: Court defence help please Restons "solicitors"

                        Yes received 3 days later and solicitor letter in original post received today

                        Comment

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