Restons solicitors/ Cabot financial

[nemesis45]

Re: Restons solicitors/ Cabot financial

Totally forgot to upload these last night. Heres links to T&Cs


http://i30.photobucket.com/albums/c3...psqwplzso9.jpg
http://i30.photobucket.com/albums/c3...psj6tnaxdc.jpg
http://i30.photobucket.com/albums/c3...psdcd8xn0f.jpg
http://i30.photobucket.com/albums/c3...pseep1y2mi.jpg

OK to the best of my knowledge the Ts & C's and the agreement look compliant with the CCA request
and I would find it difficult to challenge them in court. The only point is the misspelling, but I think a judge
might disregard this.

When was this account defaulted please?

I'm going to ask members of the LB team to look at the papers.
[MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] can you take a look at the T's & C's and agreement please and give opinions
on their merit.

nem~~~~

[Bexta140790]

Re: Restons solicitors/ Cabot financial

OK to the best of my knowledge the Ts & C's and the agreement look compliant with the CCA request
and I would find it difficult to challenge them in court. The only point is the misspelling, but I think a judge
might disregard this.

When was this account defaulted please?

I'm going to ask members of the LB team to look at the papers.
[MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] can you take a look at the T's & C's and agreement please and give opinions
on their merit.

nem~~~~

I am unsure of the default date.

Bex

[blanker]

Re: Restons solicitors/ Cabot financial

What i have learnt, and i wish you the best on your path with this company:
Courts will want more than just a reconstructed CCA, to them that just proves the debt can in the terms be sold/transferred. At both the start and end of the agreement with you and the creditor.
The courts are going to be asking where did this debt arise? and they will want document proof of correspondence, of the debt such as statements etc showing the debt has not been paid.
So your first priority is to work out if they have enough to prove a debt to a court, and also to be able to prove to YOU that such a debt exists.
So thats what i do i look up what courts need, and ask them for the same. My logic is well if a court will ONLY accept that as evidence then i need that too.

At this stage your account should be in dispute, therefore the calls etc should stop, andthe correspondance changed to you asking for proof and they responding to those requests within the limits set out.
Not all companies however follow this simple logic, but dont let it put you off.

Your bank will give you full details of payments etc in any year, and if you visit the citizens advice they will get you ALL your credit reports and normally you do not need to pay.

So as your question is what docs to ask for, ask for EXACTLY what a court would, and also ASK the same level as a court would, an amount photocopied onto a page isnt proof enough it must be an actual statement from the creditor, its unlikely to be an original (its also depending on time increasing difficult for DCA's to actually get that)

Hope that helps give you some clairity on what to be asking for.

[nemesis45]

Re: Restons solicitors/ Cabot financial

A judge will be looking at the evidence put before him/her and deciding on what in the balance of probabilities is
the judgement to be made.
If the judge decides on balance that there is insufficient documentation it may be decided to order that more evidence
( specific documents ) are to be disclosed within a fixed timescale or sanctions will be applied.
Another judge will believe on balance that a creditor has had adequate opportunity to file a fully pleaded and particularised
claim and dismiss/strike out a claim.

All the documents that both parties intend to rely on at trial must be disclosed at least 14 days before the trial date.

" in dispute " a debtor may consider that a debt is in dispute but the creditor/claimants view may well be that the dispute for
example was with the original creditor and should have been resolved by the parties at an earlier stage, i.e. that the dispute is
not their problem they have bought a debt and are able to pursue it.
A simple rebuttal of any alleged dispute e.g. a " Final Response" letter together with the FOS booklet dispute over unless the matter
is put before the FOS.
nem

[Bexta140790]

Re: Restons solicitors/ Cabot financial

Thanks for all your help nem and blanker. Any help with where to go from here then? A letter template or something along those lines?

[Bexta140790]

Re: Restons solicitors/ Cabot financial

A judge will be looking at the evidence put before him/her and deciding on what in the balance of probabilities is
the judgement to be made.
If the judge decides on balance that there is insufficient documentation it may be decided to order that more evidence
( specific documents ) are to be disclosed within a fixed timescale or sanctions will be applied.
Another judge will believe on balance that a creditor has had adequate opportunity to file a fully pleaded and particularised
claim and dismiss/strike out a claim.

All the documents that both parties intend to rely on at trial must be disclosed at least 14 days before the trial date.

" in dispute " a debtor may consider that a debt is in dispute but the creditor/claimants view may well be that the dispute for
example was with the original creditor and should have been resolved by the parties at an earlier stage, i.e. that the dispute is
not their problem they have bought a debt and are able to pursue it.
A simple rebuttal of any alleged dispute e.g. a " Final Response" letter together with the FOS booklet dispute over unless the matter
is put before the FOS.
nem

Any idea/ template of a letter I can send them? I have until the 6th to respond to Restons or they are going for a judgement.