Me v Cabot/Restons

[Cove0703]

Hi guys
I'm battling against Cabot and now Restons. I sent the 3 letter process and fee to Cabot they sent me dodgy paperwork, with no readable name and address, a so called copy of a Notice of Assignment which didn't state true intentions of letter, they refused a Deed of assignment. I also requested a Default Notice of which i never received. I have never acknowledged this debt to Cabot so they got Restons onto me. I received 1st threatening letter from Restons stating that I had not contacted their client and I was no longer entitled to any documents and to just pay up. I wrote to Restons giving them dates to all my correspondence and requests for further documents. They replied with a Notice of intention and stated that I was contradicting myself and stalling for time. I wrote them a lovely letter informing them of my intentions to see them in court and for them to make sure they have all the documents and my missing default notice. They gave me till June 24th to respond which I did and I've heard nothing since. It's now 6 weeks what are they up to please any advice would be grateful.
many thanks

[Amethyst]

Okay, firstly, forget the 3 letter process. Other than the formal CCA request, it's bollocks I'm afraid and really is simply a stalling method ( tends to pee off Judges too if it carries on that far )

Can you say what the original debt is, how much approx., and what this last letter you received is, and what your response was ?

When you say 'Notice of Intention' was that a formal ' letter before action ' along with a form to complete regarding the debt and an IE sheet ?

[Cove0703]

Hi
Thank you for responce, I will try and upload letters the debt is claimed from Vanquis about 5 years ago and for 1200. Hopefully letters will upload and in order my last letter was sent in June I've heard nothing since the sneaky ....

[Cove0703]

Hi hopefully pictures will upload any advice will be great

[Amethyst]

Okay looks pretty normal actually - so you responded by June 25th and asked them for documents, they had 30 days to respond, but haven't as yet, so you are pretty much just waiting on their next steps to see if they decide to either produce documents or try a court claim. They don't seem to have responded to the CCA request at all, just sent the copies of the notice of assignments - no default notice ( do you know when it defaulted ? does it show on your credit file ?)

It does all seem quite recent, the card was taken out in 2013? so you're not looking like it being statute barred at all ( unless you took the card out, spent about £1k and never paid anything back and it defaulted almost immediately )

Really you're waiting for their next move I'm afraid, your CCA request was a simple request under section 78 of the CCA 1974 with a £1 statutory payment ? ( just checking there wasn't anything weird in it ).

It is likely to be a court claim next but hopefully your letters will mean they think twice about that as they know you will argue for the documents.

Something I would do though is send a Subject Access Request ( Data protection Act / GDPR ) to Vanquis to see what your position might be should Restons/Cabot come up with documents.

[Cove0703]

Hi guys,
county court business centre have got in touch, not sure if this is legit I'm not trusting of Restons, I plan to defend this so will be sending the acknowledgement of service, I still didn't receive a default notice at, any advice please

[Cove0703]

Hi,
I'm battling against Cabot and Restons solicitors, they are trying to get a CCJ for an alleged credit card agreement. I have previously posted on here but really not sure what to do now. I have sent my defence to court and they have passed to Restons. My defence, I have to never acknowledged this alleged debt to Cabot, I requested Deed of assignment, default notice and all other documents they have to collaborate the claim they think they have against me, I sent a SAR to alleged credit card company. Documents received was no Deed of assignment, they say I can't see it has it contains personal information of other individuals and would breach data protection. They claim I received a Notice of Assignment, they sent me a copy of a letter that didn't state the true intentions of the document. The alledged agreement doesn't have clear name and address on it which is unreadable as is the document from credit card company SAR request. They say Default Notice was served prior to account being assigned to the claimant and the claimant has the right to terminate the Credit agreement by serving a termination notice so my argument about non-service of the a valid defaul notice won't help me.
They go on to say my defence as no real prospect of success and they will advice client to strike out my defence and enter a judgement against me. They want me to fill in form N9A or maybe there client will accept a reasonable settlement for alledged debt. I have 14 days to respond, in another 12 days or so unless Restons contact the court to proceed the case will be stayed.
Please do I respond need help
many thanks

[jaguarsuk]

Admin please merge to here: http://legalbeagles.info/forums/foru...-cabot-restons

[Cove0703]

Please can anyone help me any advice would be much appreciated.

[Cove0703]

Hi guys
please is anyone of there who can help I'm running out of time and desperately need help thank you

[Amethyst]

Okay, that letter stands like the standard fayre- I'll have a look back through your thread.

[Amethyst]

Ok can you upload the agreement please - does it contain all the terms ? and it's not clear, but was that in response to your CCA request to Cabot, or your SAR to Vanquis?

[Cove0703]

Hi thank you for replying excuse my late reply, I work 12 hour shift pattern 24/7. It was from the SAR to Vanquis, I contacted Cabot last October, it does contain terms but on both paperwork from Vanquis or Cabot no name and address is readable and on the application form a signature as appeared that looks like it as been stuck on which is not the same as the paperwork received from Cabot. Vanquis paperwork says account was passed to moorcroft on 13.01.16 and then sold to Cabot on 30.06.17. Not sure if it would tell me if any default letters etc were sent out it does not mention any other correspondence.
many thanks for your reply

[Cove0703]

Hi guys, any advice please I'm down to my last couple of days, should I respond to Restons or see if it gets stayed, please can anyone help thank you

[Amethyst]

Morning, just having a read back xx