Letter from Reston Solicitors - Cabot Finance

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Update: Letter received from Restons....Not sure if its a great idea to be posting what they said on here, in case they are reading....Can I speak to someone via private message? Flaming Parrot, anyone, if you are out there I could do with some advice...

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

Send FP a PM . I am sure you will get an answer although as a rule site policy is to discuss things in the open, however i am sure if it is particular details no one will mind
[MENTION=37786]FlamingParrot[/MENTION]

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Thanks alot Berniethebolt...Im just getting a wee bit paranoid! lol....

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

OK I will post on here..

Letter received from Restons, this is in response to the pre-action conduct response letter I sent them!

"In absence of a formal request being made with the statutory fee, we are unable to comply with your request"


Then they go on to ask for me to fill out the financial income form by ....date... or they are instructed to issue legal proceedings.

Just to go over:
I sent the CCA request to Cabolt with the fee
and the pre action letter to Restons. I did not put a copy of the CCA request to Restons, should I have?

Thanks

[nemesis45]

Re: Letter from Reston Solicitors - Cabot Finance

OK I will post on here..

Letter received from Restons, this is in response to the pre-action conduct response letter I sent them!

"In absence of a formal request being made with the statutory fee, we are unable to comply with your request"


Then they go on to ask for me to fill out the financial income form by ....date... or they are instructed to issue legal proceedings.

Just to go over:
I sent the CCA request to Cabolt with the fee
and the pre action letter to Restons. I did not put a copy of the CCA request to Restons, should I have?

Thanks

Ahh there is a statutory fee for a CCA request of £1, there is no fee for CPR 31.14 , CCA request goes direct to the Claimant
Cabot bu signed for post so resend to Cabot with fee use a postal order for £1 write for " statutory fee only " on both sides use signed for post.

Ignore Restons letter they have to deal with CPR 31.14 and will no doubt decline to do so.
nem

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Thank you, I did send the CCA to Cabot with the statutory fee for £1 by postal order (crossed to pay Cabot Financial), I didnt write statutory fee on it though. Both letters were sent signed for.

What are Restons up to?

[nemesis45]

Re: Letter from Reston Solicitors - Cabot Finance

Thank you, I did send the CCA to Cabot with the statutory fee for £1 by postal order (crossed to pay Cabot Financial), I didnt write statutory fee on it though. Both letters were sent signed for.

What are Restons up to?

Seems very odd they cannot charge a fee for the CPR request.
Do you have a copy the CPR 31.14 request you sent?

nem

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

can you use the post office to track the postal order and find out if it was cashed

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

Hi Brighton,
Sorry I was in a rush earlier
So you sent a CCA request to Cabot and a CPR request to Restons
Did you use the templates from the forum,
Sorry to ask but is it possible that you maybe put the wrong letters into the envelopes , silly mistake I know but when stressed we all make mistakes.
You could, on this occasion , phone Restons and ask what they are on about but do not get dragged into any discussion. If need be a polite but firm I am not prepared to talk anymore on the phone and then hang up

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Hi Brighton, Hi Bernie

Sorry I was in a rush earlier Thanks for your time.

So you sent a CCA request to Cabot and a CPR request to Restons
I sent a CCA request to Cabot with the £1 postal order
Restons I sent the pre-action conduct response letter, I don't think it is a CPR request letter.
Its the letter suggested by @flammingparrot , its near the top of this thread.
It this:

Dear Sirs

Ref: xxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original credit agreement;
2. The Default Notice
3. The Notice of Assignment;
4. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2015 and I am awaiting a response.
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Did you use the templates from the forum, Yes for the CCA

Sorry to ask but is it possible that you maybe put the wrong letters into the envelopes , silly mistake I know but when stressed we all make mistakes.
Im pretty sure I didnt.

You could, on this occasion , phone Restons and ask what they are on about but do not get dragged into any discussion. If need be a polite but firm I am not prepared to talk anymore on the phone and then hang up
mmmm....I go to pieces on the phone, but if I have too.

Shall I just start all over again? and resend the letters?

......

Thank you

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Send FP a PM . I am sure you will get an answer although as a rule site policy is to discuss things in the open, however i am sure if it is particular details no one will mind
@FlamingParrot

PM received and replied to. :typing:

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Ahh there is a statutory fee for a CCA request of £1, there is no fee for CPR 31.14 , CCA request goes direct to the Claimant
Cabot bu signed for post so resend to Cabot with fee use a postal order for £1 write for " statutory fee only " on both sides use signed for post.

Ignore Restons letter they have to deal with CPR 31.14 and will no doubt decline to do so.

Thank you, I did send the CCA to Cabot with the statutory fee for £1 by postal order (crossed to pay Cabot Financial), I didnt write statutory fee on it though. Both letters were sent signed for.

What are Restons up to?

Seems very odd they cannot charge a fee for the CPR request.
Do you have a copy the CPR 31.14 request you sent?

To clarify, the letter sent to Restons was a response to a letter of claim in accordance with the PD Pre-Action Conduct, not CPR 31.14 as no claim has yet been issued. Restons issued a LBA and Brighton Rose responded to it and also sent a CCA request to Cabot with the fee. The letter Restons refer to is merely a copy of the CCA request that was sent to Restons for reference along with the response to the LBA, to inform them that there was a CCA request outstanding.

They are just being their usual selves, trying to find arguments to bully instead of providing evidence they clearly haven't got. :rant: :rant: :rant:

GRRRRRRRRRRRRRRRRRRRR

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Thank you Flammingparrot for clarifying it for me.

I do apologies to everyone if I was not clear in my previous posts.

But yes I can concur with flammingparrot.

However, Im pretty sure I did not copy Restons into the CCA request that I had sent to Cabot.

I hope I dont make anyones heads pop off!!! lol!!!

In summary I have not one clue what Restons are on about!!!!! As they didnt have a copy of the CCA to get confused about.

Shall I just send the letters out again? I think I should...

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Thank you Flammingparrot for clarifying it for me.

I do apologies to everyone if I was not clear in my previous posts.

But yes I can concur with flammingparrot.

However, Im pretty sure I did not copy Restons into the CCA request that I had sent to Cabot.

I hope I dont make anyones heads pop off!!! lol!!!

In summary I have not one clue what Restons are on about!!!!! As they didnt have a copy of the CCA to get confused about.

Shall I just send the letters out again? I think I should...

Somehow I got the impression that you had forwarded them a copy which is not necessary but something a lot of people would probably do.

There's no need to send the letters out again, certainly not the CCA request to Cabot with the fee, you say it was received so they should comply in 12+2 working days.

As for Restons, I'd just send them a one liner referring them to your previous letter (copy enclosed) and the fact you sent a CCA request to their clients on xx/xxxx/2015 and you are awaiting response from THEM. :thumb:

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

I suspect that like many people they skimmed the letter and saw the line about S77-79 and thought oh let's pass someone off.
This is a half joke response
Dear sirs
Further to your letter of xxxxxx I would like to remind you of your duties under the pre action protocols. For the avoidance of doubt my request was for information under these protocols and do not require a fee. I suggest you reread my previous correspondence. Again for the avoidance of doubt the request that requires a fee has been sent to Cabot along with said fee.

I would be tempted to use words such as ****wits and because you are too stupid to read but that is not a good idea. I did it once just hope that never goes to court.