Restons Solicitors- nightmare

[nemesis45]

Re: Restons Solicitors- nightmare

Who do we send each of these to. The CCA goes to the claiment? So does the Cpr 31.14 ? And the SAR? Does that go to the Funding Corporation? Help!!

Ok.

CCA to the claimant at the address on the claim form +£1 fee. Send a copy of the request to the solicitors (no fee) with the CPR request.

The SAR goes to the original creditor (Funding Corp) at their head office address (£10.00 fee) Address to The Data Controller.

If you have a utility bill or Council Tax bill with your partners name on it send a copy as proof of ID with the SAR. Also provide his previous addresses.

nem

[Diana M]

Re: Restons Solicitors- nightmare

Who do we send each of these to. The CCA goes to the claiment? So does the Cpr 31.14 ? And the SAR? Does that go to the Funding Corporation? Help!!

The CCA Request goes to the Claimant (Cabot) to the address given on the claim form, with a copy of it to their solicitors Restons.

The CPR 31.14 Request goes to the solicitors (Restons) who have been instructed by the Claimant (Cabot) to the address given on the Claim Form.

The SAR goes to the original creditor (The Funding Corporation).

Someone on this forum will post links for you to see template letters which you can complete when you've read and understood them. Ask any questions if you're unsure before you send them.

Send everything Royal Mail Recorded Delivery so you've got proof of posting and the letters' arrival.

Di

[Piglet]

Re: Restons Solicitors- nightmare

If it turns out he has a liability for this debt and his ex wife made the payment in 2012 is it too late now to negotiate a settlement. We cannot afford 4,600 it will break us, we are renting our home and in tight circumstances.

[Diana M]

Re: Restons Solicitors- nightmare

If it turns out he has a liability for this debt and his ex wife made the payment in 2012 is it too late now to negotiate a settlement. We cannot afford 4,600 it will break us, we are renting our home and in tight circumstances.

Try not to worry so much. I know it's not easy but there's a difference between being legally liable for a debt and that debt being enforceable in court years later.

So send the CCA Request to establish whether Cabot have got what they need to progress this claim.

Then be be prepared for a host of questions from well meaning Beagles to assess the best way forward.

It's not over yet - you're fight back has only just started

Di

[legitclaims]

Re: Restons Solicitors- nightmare

I see POP UP AND SAY HI when I log in here but I see no special thread...
Is there a way out if anyone can tag me in some general thread or guide me on this please

[Piglet]

Re: Restons Solicitors- nightmare

Does the pound fee have to be a postal order I do not live anywhere near a Post Office and my partner is away so I am dealing with all this

[Diana M]

Re: Restons Solicitors- nightmare

Does the pound fee have to be a postal order I do not live anywhere near a Post Office and my partner is away so I am dealing with all this

When will your partner return?

It may not be wise to send 'legal' letters in his absence unless he has read and understood the content first and possibly authorised you to act on his behalf. Every letter has the potential to end up in front of a judge and/or as an exhibit to a sworn Witness Statement in court.

That's a matter between you and your partner of course, but a postal order is 'anonymous' while a cheque would have your name on it so potentially arguable that he (the Defendant) didn't make a valid CCA Request.

Di

[Piglet]

Re: Restons Solicitors- nightmare

Hi,
he is commuting back and forth as his mother is very ill. I wouldn't send a cheque anyway.
I do not really want to be involved , as it predates me being woth him, but unfortunately
he is not able to handle all this with his other stresses and committments at present.
who do I make the postal order payable to? I will try to get my daughter to pick it up.

[nemesis45]

Re: Restons Solicitors- nightmare

Hi,
he is commuting back and forth as his mother is very ill. I wouldn't send a cheque anyway.
I do not really want to be involved , as it predates me being woth him, but unfortunately
he is not able to handle all this with his other stresses and committments at present.
who do I make the postal order payable to? I will try to get my daughter to pick it up.

Sorry to hear of your problems must be very worrying for you, don't let this stress you there will always be help on LB.

Payable to Cabot.
nem

[Piglet]

Re: Restons Solicitors- nightmare

Sorry to hear of your problems must be very worrying for you, don't let this stress you there will always be help on LB.

Payable to Cabot.
nem

Where do I write 'for statutory fee only' thanks by the way

[MIKE770]

Re: Restons Solicitors- nightmare

on the back

[Piglet]

Re: Restons Solicitors- nightmare

Thanks

[Piglet]

Re: Restons Solicitors- nightmare

In the worse case scenario that my partner co-signed this car agreement and his ex wife made payments up to 2012 ,could he still ask for a settlement figure, or is it too late and now solely in the hands of the courts

[MIKE770]

Re: Restons Solicitors- nightmare

you need to get the facts as you need them in any court case?

[Diana M]

Re: Restons Solicitors- nightmare

In the worse case scenario that my partner co-signed this car agreement and his ex wife made payments up to 2012 ,could he still ask for a settlement figure, or is it too late and now solely in the hands of the courts

It's never too late to settle a claim right up to ten minutes before the Trial.

Due to the sum involved it's likely that this claim will be allocated to the Small Claims Court where you will be given the opportunity to take part in free telephone Mediation where any settlement reached is not a CCJ albeit legally binding. This service (Mediation) is available after you file your Defence and conditional on the other side also agreeing to take part.

Di