Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

[EXC]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Thank you EXC for your help. Bank charges were probably excessive from 2000 onwards, right through to the very end. Not sure about pre-2000 but it was probably not so bad. But I don't have any statements to prove this. I have two separate defaults with relation to this account in my credit report, one by Lloyds and one by Cabot in December 2010.

Ok well your SAR should give us what we want.

[RtoR]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hi Amethyst, I've sent an email to Restons requesting an extension. I was about to send off the SAR request and had another read of a recent letter sent by Restons which says that Cabot are the creditors now and Marlin are the DCs acting on behalf of Cabot. There is no mention of Lloyds, so I was wondering if the SAR request should be sent to Lloyds or Cabot. I've attached the letter concerned

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Definately send the SAR letter to Lloyds.

Marlin and Cabot are the same people - it's all smoke and mirrors meant to intimidate you - http://www.cabotcm.com/media/2014/02...inancial-group

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Let us know if you hear from them on the extension and if you possibly can ring them please do - we could really do with more time on this, if nothing by lunchtime we will need to put a defence in based on what we know.

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Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hi Amethyst, there's no reply from them, I've posted the letters.

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Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hi,
I found old statements relating to the account for 2009 and the balance was around the £10500 mark with further charges being accrued by dd payments attempting to leave the account.

[Amethyst]

Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Okay so we will need to get a defence together over the weekend to go in Monday

If you have a read through the one I posted earlier and these bits specifically and have a go at writing how your account worked, if you contacted the bank about the problems at any time, if you tried to close the account to stop getting charged etc.

Also need some idea how much the charges are so how much of the debt we can defend on that basis. Can be a guestimate at the moment as our main point will be we need more information and the SAR back from Lloyds.


6. The Defendant suffered from a period of financial difficulty in the Summer of 2007 .................???????????? .... and subsequently incurred charges which sent her over her Overdraft Limit. In October 2007 alone Lloyds Bank applied over £230 in bank charges to the Defendants account.

7. The Defendant was prohibited from terminating the Agreement whilst she was overdrawn. Given the effect of the Relevant Charges in forcing the Defendant into a larger and larger overdraft (with or without prior authorisation), it was inevitable that she could not terminate the agreement, and was bound to any changes in charging structures the bank chose to impose on the account.

8. The last payments made into the account were in October 2007 when the Defendant stopped putting income into the account as it was being swallowed up by the charges and fees being added to the account and she was left in a position of extreme financial difficulty.

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Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

So a defence similar to the one you've posted would be ok then, shall I put in my defence today or tomorrow, can I argue statute barred

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Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Hi Amethyst,

is is this ok for now

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Re: Cabot/Restons CC Claim PLEASE HELP RUNNING OUT OF TIME

Follow up on new thread

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Cabot/Lloyds/Restons - Don't know what to do now

Hi everyone, and hopefully a good new year to us all.

Thanks LBs for your very helpful guidance so far.

Here's a catchup to my initial thread which was http://www.legalbeagles.info/forums/showthread.php?59246-Cabot-Restons-CC-Claim-PLEASE-HELP-RUNNING-OUT-OF-TIME&p=500844#post500844

I sent a defense to the court mentioning that I am awaiting further information, (this is available on the other thread)

I sent for a SAR to Lloyds and information request under section CPR 31.14 to Cabot, and their responses so far.

SAR request - 40 day deadline not over yet but all they have sent so far are statements with regards to previously paid up loans I've had with them.

Information under CPR31.14 - Cabots initial response was that the account ran for a considerable amount of time without any issues and they are asking me why I am disputing it and they are also claiming this is a current account and they do not need to provide a copy of the agreement as Part V of the CCA does not apply, even though this is a CPR31.14 request.
They later wrote to me referring to a previous letter dated 31st December 2014 which I did not receive, anyway they are saying they are investigating my concerns and will write again no later than 8 weeks from the initial query.

Is the time deadline 7 days for the CPR 31.14 request, even though I have not mentioned this time limit in my request. Should they have complied by now rather than the 8 weeks they mention in their letter.

Any further suggestions what I should be doing now, the time deadline for the SAR is 31 January. And what do I do if I do not get any further response.

Thank you very much for your assistance so far.

[Amethyst]

Re: Cabot/Lloyds/Restons - Don't know what to do now

[MENTION=57355]RtoR[/MENTION]

This is still on going.