Letter from Reston Solicitors - Cabot Finance

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

OK, thank you everyone...

Ding Ding Round two.

I will post the letter off to Restons tomorrow with copy of my previous letter to them.

As always a big thank you for your time and kindness and I will keep you posted.

Brose x

[FlamingParrot]

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.

You do know what Restons are known as elsewhere, don't you? :lol: :censored: :tape2:

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

OK this is going to be my response to Restons, any suggestions?

Re: Cabot Financial (UK) Limited v. Yourself.

Thank you for your letter dated Tuesday 22 September, 2015.

Can I please refer you back to my letter of the 18 September and ask that you respond accordingly. A copy is attached.

A letter was also sent to your client Cabot Financial on the 18 September 2015 to supply documents under the Consumer Credit Act 1974, with the appropriate fee. I am awaiting a response from them

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Sounds good to me! :clap2:

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Just a quick update.

Was checking that my letter, which was to be signed for, had been delivered to Cabot. I sent it back on the 18 September....
.But the post office didn't deliver it...Ive just contacted them, and they have told me that the letter is now classed as lost!!!!

So I should send it again right? Its my CCA request.

If nothing it will have caused some confusion with Restons, as they have received the last letter I sent above!, lol....

Thanks

[nemesis45]

Re: Letter from Reston Solicitors - Cabot Finance

Just a quick update.

Was checking that my letter, which was to be signed for, had been delivered to Cabot. I sent it back on the 18 September....
.But the post office didn't deliver it...Ive just contacted them, and they have told me that the letter is now classed as lost!!!!

So I should send it again right? Its my CCA request.

If nothing it will have caused some confusion with Restons, as they have received the last letter I sent above!, lol....

Thanks

I bet Reston will be confused ( probably terminally bewildered) .

Yes send again unfortunately one more £1 fee to pay.
Do you have the counterfoil for the previous fee?
Report it lost at the PO.

nem

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

You want to complain to the post office and get a refund of postage. I have to say it wouldn't surprise me if it had been delivered but better safe than sorry

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

You want to complain to the post office and get a refund of postage. I have to say it wouldn't surprise me if it had been delivered but better safe than sorry

I've just seen another thread where the RM site never reported the letter delivered yet Cabot had responded with their usual "will ask the original creditor..." :blah: :blah: Given how long it's been, if they'd received it, they'd probably have replied in the same way as that's what they do.

Just a quick update.

Was checking that my letter, which was to be signed for, had been delivered to Cabot. I sent it back on the 18 September....
.But the post office didn't deliver it...Ive just contacted them, and they have told me that the letter is now classed as lost!!!!

So I should send it again right? Its my CCA request.

Yes, you should send it again because you can't argue Cabot are in default of your request if the post office has confirmed your letter got lost. :mmph:

Since they've confirmed it's lost, I'd be inclined to ask the post office to issue you with a fresh PO at no charge, since it's THEIR fault the previous one didn't reach its destination, why should you buy a new one?

If nothing it will have caused some confusion with Restons, as they have received the last letter I sent above!, lol....

Thanks

That's fine, do bear in mind that your letter to Restons was also, in itself, a request for documents they have not satisfied themselves. The intention was to stop them in their tracks and let them know that they couldn't just issue a claim and obtain default judgment which is what they aim for. :mad2:

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance


Yes, you should send it again because you can't argue Cabot are in default of your request if the post office has confirmed your letter got lost. :mmph:

Should I send a copy of the original CCA request letter that I sent back on th 18 September, or should I issue a new one?

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Yes, you should send it again because you can't argue Cabot are in default of your request if the post office has confirmed your letter got lost. :mmph:

Should I send a copy of the original CCA request letter that I sent back on th 18 September, or should I issue a new one?

As that one was lost in the post rather than just ignored or rejected, you should send a new one. :thumb:

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

Hello there, just a little update for you all.

So with the par-larva last week of Royal Mail saying they had "lost" my CCA request letter to Cabot....I received a letter from Cabot saying they did receive it!! I was just going to send the new request out today.

IN the letter they say:

As a company we are at liberty to supply any details we hold relating to your account on file, however we do not hold a copy of Agreement, therefore we have applied to the original creditor for copy of the document and will contact you once received.

We confirm that as we are not the original creditor the 12 day rule does not apply, as the information may take time to obtain and we are under no obligation to provide the documentation within the time scale.

Please find enclosed a copy of the account Statement for your reference.

So what happens now?

The Account Statement they mention is just a list of payments I made from 2012 till earlier this year when I changed bank accounts. With an opening balance and a closing balance. The balance has gone down.I presume the date is from when Cabot took over the debt.

It was interesting to see that Restons were going to issue the claim regardless if I hadn't sent those letters,
so a BIG huge thank you to you all for the fantastic advice and kindness xxxx

BRose xx

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

Hi

I've had experiences with Royal Mail where I get responses to my letters even when the RM site does not show them as delivered, however, it's never gone as far as them admitting the letters had got lost! :mad2: Looks like they reached that conclusion due to lack of tracking information, i.e. if it wasn't recorded as received then it must be lost. As I said before, not that long ago the postie put a signed for letter through my letterbox without ringing the bell, presumably the poster could have been told it got lost!

That's a generic response from Cabot as they wouldn't have the documents themselves and have to go back to the original creditor to obtain them. As usual, they are trying to re-write the law to suit their purposes, there's nothing in the Consumer Credit Act that allows 'non-original creditors' more time to comply but in practice, they just can't as they don't hold the documents. The law still says that the account is unenforceable if they don't comply and now you've got acknowledgment from them that they've received your request, you can just sit back. :ranger:

The statement would be just an abbreviated version not the whole lot, to get those you'd need to send a SAR to the original creditor.

A CCA request coupled with a response to their letters before action often stops them in their tracks before issuing a claim! :grin:

Do keep us posted as soon as you hear anything further. :thumb:

[FlamingParrot]

Re: Letter from Reston Solicitors - Cabot Finance

If it's Cabot Financial (UK) Limited who Restons were/are acting for (as opposed to Cabot Marlin, Cabot Europe or any other name they use), then this may also be relevant to you: http://www.legalbeagles.info/forums/...107#post581107 :thumb:

[BrightonRose]

Re: Letter from Reston Solicitors - Cabot Finance

If it's Cabot Financial (UK) Limited who Restons were/are acting for (as opposed to Cabot Marlin, Cabot Europe or any other name they use), then this may also be relevant to you:

http://www.legalbeagles.info/forums/showthread.php?69837-Cabot-Financial-(uk)-limited-Unlicensed-trading&p=581107#post581107 :thumb:

@flamingparrot very interesting, one to keep an eye on. It is Cabot Financial UK Ltd that Restons are representing.

[Berniethebolt]

Re: Letter from Reston Solicitors - Cabot Finance

they really are lying Barstewards

The time limit for a CCA request applies to them as much as anyone else

Personally I would scan and email their letter to the FCA and just say for their information

The FCA will not deal with individual complaints but if enough people complain ( and they probably won't) Cabot will get in a heap of shite.

If you were bloody minded you like wot is is you would send a letter to the chief exec of Cabot telling him what a bunch of idiots he employs ( not in quite such a northern fashion but you get my drift)