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disabled can't cope with restons or court - urgent, help me please

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  • #1

    disabled can't cope with restons or court - urgent, help me please

    hello,
    my wife who is my carer last week received a court claim at Northampton from restons representing cabot. she had no warning of this. i am too ill (motor neurone disease) to help her and she really isn't clever enough to cope with this. we are both really worried and don't know who to turn to. can anyone help ?
    is it worth going to cab ?

    issue date 11th April 2016; form states contract between express gifts on or about the 15th September 2003 ( we don't know who this is ? ) then assigned to cabot on 19th august 2015 and the amount plus costs. the only date info is that stated.

    we really need your help.
    thank you.
    Tags: None
    • 1 thank
  • #2
    Re: disabled can't cope with restons or court - urgent, help me please

    can anyone help us ? have i said something wrong ?

    Comment

    • #3
      Re: disabled can't cope with restons or court - urgent, help me please

      Dont get yourself in a panic sometimes takes a while for advice plenty of help will come your way
      • 2 likes

      Comment

      • #4
        Re: disabled can't cope with restons or court - urgent, help me please

        Morning

        Firstly, has your wife managed to acknowledge the claim form. Here is the guide you MUST read.

        NOTE: IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM


        Firstly, don't panic.

        Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

        So, first steps (within 14 days of receiving the claim)

        1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
        You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

        2: Send A CCA REQUEST to the CLAIMANT ( see here )
        This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

        3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
        This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information.

        If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

        Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
        OR
        If you received a court claim and want to start a new thread in this forum please post the following information as your first post.

        Received a claim?
        Issue Date:
        Amount approx:
        Claimant:
        Solicitor:
        Original Creditor:
        Particulars of Claim: Please type out in full excluding names/account numbers
        Is the debt Statute Barred?
        List any letters you have sent:
        Any Other Info:


        Thank you.

        IF YOU HAVE SENT OFF THE LETTERS DO NOT JUST WAIT FOR REPLIES, SOME TIMES THE CLAIMANT DOESN'T RESPOND - YOU MUST PUT IN A DEFENCE (or admission) WITH 28 DAYS OF RECEIVING THE CLAIM - PLEASE ASK ON THE FORUM


        And people here will help guide you through the next steps.

        NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form. You can work out the date HERE >>> http://www.timeanddate.com/date/dateadd.html

        We now feature a number of specialist consumer credit debt solicitors on our sister site, lbcompare.co.uk- If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
        • 3 likes

        Comment

        • #5
          Re: disabled can't cope with restons or court - urgent, help me please

          In this instance, because of clear vulnerabilities of you and your partner, I would strongly recommend telephoning Cabot and ask to speak to someone who deals with vulnerable cases. All debt purchase companies have a special team to deal with cases like yours. Please come back here and tell me how you get on because if they are not helpful we may be able to arrange some support.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
          • 6 likes

          Comment

          • #6
            Re: disabled can't cope with restons or court - urgent, help me please

            sorry, :-)

            Comment

            • #7
              Re: disabled can't cope with restons or court - urgent, help me please

              thank you celestine very much. i will telephone them tomorrow and let you know .
              i have acknowledged the claim today.
              • 1 thank

              Comment

              • #8
                Re: disabled can't cope with restons or court - urgent, help me please

                sent off both letters yesterday.
                called cabot today, spoke to relevant department.
                they stated that in view of the vulnerability aspect of the case they would request that the file currently with restons to be returned and dealt with in house.
                called restons who stated they would continue with case until return request received from cabot.
                we agreed to provide proof and nature of disability to both.
                was thinking of calling cabot again on monday to confirm that a request had been sent to restons. both were unwilling to confirm any of this in writing.
                • 3 likes

                Comment

                • #9
                  Re: disabled can't cope with restons or court - urgent, help me please

                  Excellent, a good start xx
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                  • 1 thank

                  Comment

                  • #10
                    Re: disabled can't cope with restons or court - urgent, help me please

                    hello celestine,

                    today --
                    cabot have agreed verbally but refused to confirm in print to withdraw the case to be dealt with in house.
                    cabot have stated verbally that they requested restons to return file.
                    restons stated verbally they have requested cabot to provide confirmation of withdrawal of case.
                    restons advised i need not submit my defense yet as the 28 day from issue was a discretionary time limit which they could choose to move forward !!! ???.
                    i am calling them both again tomorrow, emailed proof of medical disability to restons on the 26/4 which they acknowledged.
                    received income/expenditure form from cabot on the 29/4

                    should i submit a defence yet the 28 day limit is on 9 May ?

                    thank you for your help

                    Comment

                    • #11
                      Re: disabled can't cope with restons or court - urgent, help me please

                      Morning Oakstar

                      That sounds very positive overall but I certainly wouldn't trust them to get the paperwork organised ahead of the defence deadline.

                      When you say 'you sent off both the letters', do you mean the CPR and CCA requests? If so then it would be best to produce a basic defence incorporating those letters and dates sent. That way at least your covered if they plough onwards. What we need to avoid at all costs is a default judgment (triggered by non filing of a defence).
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com
                      • 3 likes

                      Comment

                      • #12
                        Re: disabled can't cope with restons or court - urgent, help me please

                        Morning Celestine,
                        yes CPR and CCA were sent on the 21st of April.
                        I don't trust them at all !!
                        is there a defence template i should be using ?
                        my priority is to ensure defence is submitted well before the deadline.

                        Comment

                        • #13
                          Re: disabled can't cope with restons or court - urgent, help me please

                          [MENTION=2]Celestine[/MENTION]
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick
                          • 1 thank

                          Comment

                          • #14
                            Re: disabled can't cope with restons or court - urgent, help me please

                            hi again. [MENTION=2]Celestine[/MENTION]
                            just received the standard cpr response from restons who have refused to provide any documentation.
                            Last edited by oakstar; 4th May 2016, 11:13:AM.
                            • 1 thank

                            Comment

                            • #15
                              Re: disabled can't cope with restons or court - urgent, help me please

                              Basic Defence Example to use as a starting point xx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps
                              • 3 likes

                              Comment

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