Need help with claim form from restons/cabot

[Sandyhaven]

Re: Need help with claim form from restons/cabot

Hi,

Its best you use the @ sign before nemesis45 or others.

Sandyhaven

[Amethyst]

Re: Need help with claim form from restons/cabot

Looks good. Are you submitting on paper ?


Northampton County Court Business Centre ( at the top)

Change all the document font to be the same ( Times New Roman is best )

and remove the square brackets from around the references to s.78(1) etc ( Paragraph 8 )



So long as you understand the defence ( basically that they haven't evidenced you owe anything or that any agreement exists ) then you're fine xxx

[Villarkita]

Re: Need help with claim form from restons/cabot

Okay so I made my defence to the court and have since received another letter from Restons.

They have attached a copy of the previous letter which is attached above and a copy of a letter before action.
No contract, no terms and conditions and no notice of Assignment, I still haven't heard back from cabot regarding my CCA request.

I originally wrote to Restons again on the 27th and they didn't write a response until the 8th and I've only received it today! I think they wanted to wait until after my defence had to be filed to reply.

Any advice? [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: Need help with claim form from restons/cabot

Okay so I made my defence to the court and have since received another letter from Restons.

They have attached a copy of the previous letter which is attached above and a copy of a letter before action.
No contract, no terms and conditions and no notice of Assignment, I still haven't heard back from cabot regarding my CCA request.

I originally wrote to Restons again on the 27th and they didn't write a response until the 8th and I've only received it today! I think they wanted to wait until after my defence had to be filed to reply.

Any advice? @nemesis45 @Amethyst

Standard " we don't do CPR 31.14 request, so let that rest now
More important is the CCA request without the agreement they can't enforce.

nem

[Villarkita]

Re: Need help with claim form from restons/cabot

Standard " we don't do CPR 31.14 request, so let that rest now
More important is the CCA request without the agreement they can't enforce.

nem

Okay I have a little news regarding this.
As you can see I have finally received a reply from cabot regarding my cca request. I am a little miffed as the amount stated on it is my debt plus legal and court fees? Surely if they didn't have the documents they needed to take me to court they shouldn't be allowed to add those charges on to the debt?

I also received a letter from Restons.
Should I have to be proving to them that I have made a CCA request? Especially as cabot have replied to my request so have acknowledged it? Shouldn't Restons be getting this information from their client and not me? I have the letter and I have proof of postage.
I am having a rough time lately as I suffer with y mental health at times and recently lost one of my parents.

Any help would be appreciated on how to proceed?


@nemesis45 @Amethyst

[nemesis45]

Re: Need help with claim form from restons/cabot

Okay I have a little news regarding this.
As you can see I have finally received a reply from cabot regarding my cca request. I am a little miffed as the amount stated on it is my debt plus legal and court fees? Surely if they didn't have the documents they needed to take me to court they shouldn't be allowed to add those charges on to the debt?

I also received a letter from Restons.
Should I have to be proving to them that I have made a CCA request? Especially as cabot have replied to my request so have acknowledged it? Shouldn't Restons be getting this information from their client and not me? I have the letter and I have proof of postage.
I am having a rough time lately as I suffer with y mental health at times and recently lost one of my parents.

Any help would be appreciated on how to proceed?


@nemesis45 @Amethyst

Cabot's letter standard for a CCA request, deed of assignment part is also correct, even when a deed has been subject for disclosure in a court order it has proved of no value to a defendant.

To Nigel Petrie Coe
Director
Restons Solicitors


Ref: CC Claim Number,

Dear Mr Coe,

I am in receipt of Restons letter dated ............................ in response to my request made under the provisions of Civil Procedure Rule 31.14 for inspection of documents mentioned in the particulars of this claim
.As you are aware what documentation I may or may not have received from any party at any time is not relevant to my request, which is for inspection of the documents on which your client intends to rely in court. Furthermore this claim is yet to be allocated to a track and the request stands, please forward the documents requested by return.

! find this whole letter rather amusing in particular the part in regard to a " complaint request made under the provisions of sections 77/78 of CCA 1974.

Considering that I did not send Restons a CCA request and I did make a request to Restons client which has been acknowledge and your client state the debt is currently unenforceable as it does not have the documents in its possession.

I find it rather disturbing that you client instructs Restons to issue a claim for an alleged debt while not in possession of the documents mentioned in the claim, what is more worry is that a firm of "solicitors"

agrees to issue a claim in this situation.
These matters will be brought to the attention of the court and the FCA.

Use signed for post check and print off delivery date and signature.

Let's play their games!!

nem

[Villarkita]

Re: Need help with claim form from restons/cabot

Cabot's letter standard for a CCA request, deed of assignment part is also correct, even when a deed has been subject for disclosure in a court order it has proved of no value to a defendant.

To Nigel Petrie Coe
Director
Restons Solicitors


Ref: CC Claim Number,

Dear Mr Coe,

I am in receipt of Restons letter dated ............................ in response to my request made under the provisions of Civil Procedure Rule 31.14 for inspection of documents mentioned in the particulars of this claim
.As you are aware what documentation I may or may not have received from any party at any time is not relevant to my request, which is for inspection of the documents on which your client intends to rely in court. Furthermore this claim is yet to be allocated to a track and the request stands, please forward the documents requested by return.

! find this whole letter rather amusing in particular the part in regard to a " complaint request made under the provisions of sections 77/78 of CCA 1974.

Considering that I did not send Restons a CCA request and I did make a request to Restons client which has been acknowledge and your client state the debt is currently unenforceable as it does not have the documents in its possession.

I find it rather disturbing that you client instructs Restons to issue a claim for an alleged debt while not in possession of the documents mentioned in the claim, what is more worry is that a firm of "solicitors"

agrees to issue a claim in this situation.
These matters will be brought to the attention of the court and the FCA.

Use signed for post check and print off delivery date and signature.

Let's play their games!!

nem

Thanks for your reply! I think they are just trying to force me in to submission, luckily I have you guys to help me out.

Can you just confirm all the text in bold is what should be included in my letter?
@nemesis45

[nemesis45]

Re: Need help with claim form from restons/cabot

Thanks for your reply! I think they are just trying to force me in to submission, luckily I have you guys to help me out.

Can you just confirm all the text in bold is what should be included in my letter?
@nemesis45

No the bold setting is just me.

nem

[Villarkita]

Re: Need help with claim form from restons/cabot

No the bold setting is just me.

nem

Thanks for all the help with this.

I submitted my defence on the 9/3/16 and I have had heard nothing else since? I haven't had any documents from cabot or capital.
What should the process be now? Do I just wait it out?

[nemesis45]

Re: Need help with claim form from restons/cabot

Thanks for all the help with this.

I submitted my defence on the 9/3/16 and I have had heard nothing else since? I haven't had any documents from cabot or capital.
What should the process be now? Do I just wait it out?

OK,

I suspect the claim has been stayed by the court as the claimant has not responded to your defence ( you are not advised when this happens) you need to phone the court tomorrow to check court after 1000 and before 1600 the office may be closed between 1200 - 1400.

nem

[Villarkita]

Re: Need help with claim form from restons/cabot

OK,

I suspect the claim has been stayed by the court as the claimant has not responded to your defence ( you are not advised when this happens) you need to phone the court tomorrow to check court after 1000 and before 1600 the office may be closed between 1200 - 1400.

nem

Thank you for the reply, I will call the court tomorrow.

If the claim has been stayed does this mean that they're just waiting to receive the documents and then they can proceed with the claim again? Is there a limit to the amount of time a claim can be stayed?

[nemesis45]

Re: Need help with claim form from restons/cabot

Thank you for the reply, I will call the court tomorrow.

If the claim has been stayed does this mean that they're just waiting to receive the documents and then they can proceed with the claim again? Is there a limit to the amount of time a claim can be stayed?

No time limit, if the claim is stayed the claimant must pay a fee to have the stay lifted. If a stay is prolonged you can apply to the court to have the claim struck out.
Or write to the claimants solicitors suggesting they advise their client to discontinue the claim as it seems they have no reasonable chance of going forward.

nem

[Villarkita]

Re: Need help with claim form from restons/cabot

No time limit, if the claim is stayed the claimant must pay a fee to have the stay lifted. If a stay is prolonged you can apply to the court to have the claim struck out.
Or write to the claimants solicitors suggesting they advise their client to discontinue the claim as it seems they have no reasonable chance of going forward.

nem

Thanks again, I will call the court tomorrow and then decide from there how to proceed.

[Villarkita]

Re: Need help with claim form from restons/cabot

No time limit, if the claim is stayed the claimant must pay a fee to have the stay lifted. If a stay is prolonged you can apply to the court to have the claim struck out.
Or write to the claimants solicitors suggesting they advise their client to discontinue the claim as it seems they have no reasonable chance of going forward.

nem

This claim is still stayed and I have received no further information from Restons or Cabot.

Interestingly enough though the original debt was for around £275 but cabot have changed my credit file to amend the debt to £350.
Can they add court costs and legal fees for a case when they haven't even replied to my defense?

[nemesis45]

Re: Need help with claim form from restons/cabot

This claim is still stayed and I have received no further information from Restons or Cabot.

Interestingly enough though the original debt was for around £275 but cabot have changed my credit file to amend the debt to £350.
Can they add court costs and legal fees for a case when they haven't even replied to my defense?

No they can's costs have not been awarded and no judgment has been made.

You need to make a formal complaint to Carboot addressed to the Data Controller and place a notice of dispute on the credit files
.

nem