Restons Solicitors- nightmare

[Piglet]

Hi, I am new on here and desperate.
My partner has been harassed by Restons on behalf of Cabot for a debt that is ten years old. He doesn't know what it pertains to although they have given the name of a finance company. They threatened court action and he robustly defended and refuted this via email. He used a template from online and quoted all the right references regarding the law. He at no point admitted liability and asked for proof of the debt. Restons said he wasn't to email 'in that ilk' any longer and they would ignore any further emails.They did not provide any proof of this debt . They also said an erroneous payment was made in 2012 which pulls this debt out of the statute barred period. They did not provide proof of the erroneous payment either.We both know no payment has been made to any credit company . We are a debt free mature couple.

This has become a nightmare ! We heard nothing for two weeks and today court papers arrived from Northampton. This isn't his debt and even it it was its ten years old. We are not young and this is making us ill.
What can we do? It is frightening and I cannot sleep for the worry.

[PAWS]

Re: Restons Solicitors- nightmare

Hello Piglet
I know this is going to sound silly but you have to try not to worry. Court is not a sentence, it is a chance to prove your case and anyway it might not get to that stage. This is what these idiots do – they scare the bejesus out of you -so good at it in fact that many people who do not owe the money cough up just to stop the harassment. A little browse through other cases on here will show that the little guy can fight back and win. The clever beagles will help you through this but in the meantime stop being afraid of the word ‘court’. You have come to the right place and you will get through this like the many, many others before you. [MENTION=55034]nemesis45[/MENTION] – would you have a second to take a look?
Pxx

[Piglet]

Re: Restons Solicitors- nightmare

Thanks for your reply, however I just do not know what to do now for the best. Do we fill in a defence and post it to this office in Northampton or contact Restons again? How are these people allowed to do this all the time without any repurcussions. I am reporting them to the Solicitors regulatory body, I am sure what they are doing is not correct practice.

[Diana M]

Re: Restons Solicitors- nightmare

Hi, I am new on here and desperate.
My partner has been harassed by Restons on behalf of Cabot for a debt that is ten years old.

. . . . This has become a nightmare ! We heard nothing for two weeks and today court papers arrived from Northampton. This isn't his debt and even it it was its ten years old. We are not young and this is making us ill.
What can we do? It is frightening and I cannot sleep for the worry.

Sometimes getting a court claim is no bad thing if it brings closure on an unhappy situation where you feel you have been harassed for money which you don't owe.

Post/type up the Particulars of Claim written on the front page of the claim form so that help can be given.

How much is the claim for?

Who was the original creditor/finance company?

You say "it isn't his debt" so who do you believe the debt belongs to and why?

Once the facts have been established you'll probably need to send a s.77-79 CCA Request to Cabot and a formal CPR 31.14 Request to Restons solicitors. You will also need to send a Subject Access Request to the original creditor to get the full history of the debt.

Doing that will help to make you feel more in control of the situation instead of the situation controlling you

If you feel you've been harassed by Restons on behalf of Cabot make sure you keep all the letters and emails (has there been countless phone calls too?) which have been sent.

Di

[nemesis45]

Re: Restons Solicitors- nightmare

Hi, I am new on here and desperate.
My partner has been harassed by Restons on behalf of Cabot for a debt that is ten years old. He doesn't know what it pertains to although they have given the name of a finance company. They threatened court action and he robustly defended and refuted this via email. He used a template from online and quoted all the right references regarding the law. He at no point admitted liability and asked for proof of the debt. Restons said he wasn't to email 'in that ilk' any longer and they would ignore any further emails.They did not provide any proof of this debt . They also said an erroneous payment was made in 2012 which pulls this debt out of the statute barred period. They did not provide proof of the erroneous payment either.We both know no payment has been made to any credit company . We are a debt free mature couple.

This has become a nightmare ! We heard nothing for two weeks and today court papers arrived from Northampton. This isn't his debt and even it it was its ten years old. We are not young and this is making us ill.
What can we do? It is frightening and I cannot sleep for the worry.

Good morning,
Responding to [MENTION=31453]PAWS[/MENTION] nudge

Which finance company has been named?
Have you /he acknowledged service of the claim?
Does the debt show on his credit reference files? You can check Noddle and Clear Score free online.
Get a CCA request off to the claim asap. A £1 statutory fee is payable us a postal order marked " For Statutory Fee Only" Use the template from the green box at the top of the " court claim" forum. send a copy (no fee) to Restons , then a CPR 31.14 request for the documents mentioned in the particulars of claim (no fee) use signed for post for both requests.

Timescales 12 + 2 Working Days for the CCA request and nominal 7 days for CPR 31.14.

nem

[Piglet]

Re: Restons Solicitors- nightmare

Good morning,
Responding to @PAWS nudge

Which finance company has been named?
Have you /he acknowledged service of the claim?
Does the debt show on his credit reference files? You can check Noddle and Clear Score free online.
Get a CCA request off to the claim asap. A £1 statutory fee is payable us a postal order marked " For Statutory Fee Only" Use the template from the green box at the top of the " court claim" forum. send a copy (no fee) to Restons , then a CPR 31.14 request for the documents mentioned in the particulars of claim (no fee) use signed for post for both requests.

Timescales 12 + 2 Working Days for the CCA request and nominal 7 days for CPR 31.14.

nem

Hi,
Cabot Finance are the company, original debt is The Funding Corporation.
it is for 4,300 ,a substantial sum of money. My partner has printed out his full credit history this morning and it is good, nothing outstanding and no payments to any credit companies showing. The only thing he can think of is it may be to do with his ex wife, they split up in 2011.What is a CCA?
He has not acknowledged service of the claim.
What is a CPR 31.14? Sorry I do not know my way around things.
Thanks

[Piglet]

Re: Restons Solicitors- nightmare

I think a huge worry with this is that if it is a ten year old debt from his previous marriage, he doesn't remember it and also Cabot or Restons are saying payment was made on this debt in 2012, which is impossible as we had a joint bank account and I am mega fussy about money matters. I would remember paying a finance company. Can they make up a payment? Also if they prove a liability for this debt does it now have to go to court or can he settle it with Cabot?

[Piglet]

Re: Restons Solicitors- nightmare

The debt has also now gone up because of court costs.

[Piglet]

Re: Restons Solicitors- nightmare

Particulars of claim: The Claimant (Cabot) claims the overdue balance from the Defendant under a contract between the defendant and The Funding Corporation dated on or about 31 Oct 2007 and assigned to the claimant on Nov 13 2015, Thanks

[nemesis45]

Re: Restons Solicitors- nightmare

Hi,
Cabot Finance are the company, original debt is The Funding Corporation.
it is for 4,300 ,a substantial sum of money. My partner has printed out his full credit history this morning and it is good, nothing outstanding and no payments to any credit companies showing. The only thing he can think of is it may be to do with his ex wife, they split up in 2011.What is a CCA?
He has not acknowledged service of the claim.
What is a CPR 31.14? Sorry I do not know my way around things.
Thanks

Hi
CCA = Consumer Credit Agreement Regulated under the Provisions of the Consumer Credit Act 1974 (as amended).

CPR 31,14 Civil Procedure Rule 31.14 for documents mention in the particulars of a claim e.g. a contract /agreement.

Get the claim acknowledged online at MCOL there's instruction on the claim form (N1). State intention to defend in full do not write anything in defence at this stage.
He then has 33 days for submitting a defence from the date of issue on the claim for ( top LH side) So make this a priority.
Lastly,
don't get stressed over this the Beagles will help you both all the way through this. don't worry and ask as many questions as you like.

nem

This will be in regard to car finance I suspect perhaps a short fall on insured vehicle.

I suggest also sending a subject access request to the funding corp. This for all the personal data it holds on your partner. A SAR has a statutory fee of £10. 0-0 template is with the others.

Did your partner guarantee a credit application with his ex or have a joint account.

[Piglet]

Re: Restons Solicitors- nightmare

It is so long ago, he is in his sixties and his memory isn't good at the best of times. He does baguely remember his wife getting a car on finance but can't remember counter signing this. But its ten years ago and he says he didnt make any payments to his knowledge in the last 7 years. He is confused by all this

[Piglet]

Re: Restons Solicitors- nightmare

He has done the acknowledge of service online as you suggested, thanks, what is his next step now.

[nemesis45]

Re: Restons Solicitors- nightmare

It is so long ago, he is in his sixties and his memory isn't good at the best of times. He does baguely remember his wife getting a car on finance but can't remember counter signing this. But its ten years ago and he says he didnt make any payments to his knowledge in the last 7 years. He is confused by all this

OK,

The SAR is important so do that and the CCA request asap. Acknowledge the claim asap as well.
If the alleged payment was in 2012 do you know what payment method (s) he may have used debit/credit card/cheque it would still be possible to get data from a card provider/bank

nem

[Diana M]

Re: Restons Solicitors- nightmare

He does baguely remember his wife getting a car on finance but can't remember counter signing this. But its ten years ago and he says he didnt make any payments to his knowledge in the last 7 years

I suppose there is always the slim possibility that his then wife made a payment to the account (in the last six years) if it was in her name (guaranteed by him) or in joint names, which he may not have known about.

Di

[Piglet]

Re: Restons Solicitors- nightmare

OK,

The SAR is important so do that and the CCA request asap. Acknowledge the claim asap as well.
If the alleged payment was in 2012 do you know what payment method (s) he may have used debit/credit card/cheque it would still be possible to get data from a card provider/bank

nem

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!!