Restons Solicitors- nightmare

[nemesis45]

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

Hello,

Yes he can certainly make an offer in full and final settlement but care is needed in the structure of an offer.

nem

[pt2537]

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

May i ask a question which hasnt as yet been asked? That is, it seems this is a joint credit agreement, as you say your partner co signed it, therefore may i ask if the Claimant has only sued your partner? or is it a joint claim against both parties?

Theres a very good statutory reason i ask, and one which may well cause Restons a headache or two

[Piglet]

Re: Restons Solicitors- nightmare

My partner does not have a clue sadly. His memory is poor and although he remembers his wife buying a car on credit he doesnt know the ins and outs. at present we are awaiting responses from the CCA letter and the other letter we sent to Cabot and Restons, we are awaiting the outcome of that in order to file his defence for the court.

[charitynjw]

Re: Restons Solicitors- nightmare

My partner does not have a clue sadly. His memory is poor and although he remembers his wife buying a car on credit he doesnt know the ins and outs. at present we are awaiting responses from the CCA letter and the other letter we sent to Cabot and Restons, we are awaiting the outcome of that in order to file his defence for the court.

That's one good reason for sending the SAR to The Funding Corp.
You get all of the relevant data from the horses mouth.
Link to template as follows:
http://www.legalbeagles.info/forums/...ur-information

[pt2537]

Re: Restons Solicitors- nightmare

That's one good reason for sending the SAR to The Funding Corp.
You get all of the relevant data from the horses mouth.
Link to template as follows:
http://www.legalbeagles.info/forums/...ur-information

I
dealt with the funding corp many years ago when i was with Watsons, they were a nightmare back then, but from my memory there were undisclosed commissions paid in the cases i dealt with, so well worth getting a SAR off to them as Charitynjw says

[Diana M]

Re: Restons Solicitors- nightmare

well worth getting a SAR off to them as Charitynjw says

I agree, and hopefully the OP has already sent a SAR to The Funding Corporation when advised to a couple of weeks ago

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

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

Di

[Piglet]

Re: Restons Solicitors- nightmare

What are 'undisclosed commissions' also the letter says they have forty days to respond but the case will have come and gone in the court by then

[Piglet]

Re: Restons Solicitors- nightmare

HELP urgently needed , Cabot returned our postal order and said we had to deal with Restons and send the postal order to them. So we have paid for recorded delivery and a useless postal order and they have abdicated responsibility even though they are the Claiment on the case. What now? We have sent a copy of the Cabot letter to Restons but have heard nothing from them yet. Surely Cabot have a record of all this still and would have the original CCA? I would have thought only a copy would have gone to Restons

[Piglet]

Need Help Urgently re Restons/Cabot

Re: Restons Solicitors- nightmare

HELP urgently needed , after advice on here ,we posted a postal order and CCA letter to Cabot as the claiment and a copy to Restons with the CPR.Cabot returned our postal order and said we had to deal with Restons and send the postal order to them. So we have paid for recorded delivery and a useless postal order and they have abdicated responsibility even though they are the Claiment on the case.(it has gone to court) What now? We have sent a copy of the Cabot letter to Restons with the CPR but have heard nothing from them yet. Surely Cabot have a record of all this still and would have the original CCA? I would have thought only a copy would have gone to Restons

All details of this are in my thread on the Welcome forum. I need to know what to do now.

[MIKE770]

Re: Need Help Urgently re Restons/Cabot

Check your dates || First Steps

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keep to one thread please gets confusing

[Piglet]

Re: Need Help Urgently re Restons/Cabot

Apologies but i need a reply

[MIKE770]

Re: Need Help Urgently re Restons/Cabot

doubt they have ther= CCA1974 as all they get when bought is a list of names address and amount owed/.

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what date was the N1 court form dated? others will be along later or early morning do not panic

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[MENTION=61310]diana[/MENTION]M [MENTION=1937]nemisis[/MENTION]45

[pt2537]

Re: Need Help Urgently re Restons/Cabot

Re: Restons Solicitors- nightmare

HELP urgently needed , after advice on here ,we posted a postal order and CCA letter to Cabot as the claiment and a copy to Restons with the CPR.Cabot returned our postal order and said we had to deal with Restons and send the postal order to them. So we have paid for recorded delivery and a useless postal order and they have abdicated responsibility even though they are the Claiment on the case.(it has gone to court) What now? We have sent a copy of the Cabot letter to Restons with the CPR but have heard nothing from them yet. Surely Cabot have a record of all this still and would have the original CCA? I would have thought only a copy would have gone to Restons

All details of this are in my thread on the Welcome forum. I need to know what to do now.

So you made a statutory request to Cabot and they refused to honour it? Well it seems this may be reportable to the FCA as its a breach of the FCA handbook

I havent had the chance to look at your thread but have you filed an acknowledgment of the Claim? and have you filed a Defence?

[Piglet]

Re: Need Help Urgently re Restons/Cabot

Yes we filed the acknowledgment and then sent the pound and the letter to cabot with a copy to restons with the CPR. Cabot have said that they do not have the paperwork and that restons now have the details of the case as they are acting for them. They returned our postal order but took ten days and time is elapsing and restons probably wont have fourteen days because the time for filing the defence will run out

[Joanna C]

Re: Need Help Urgently re Restons/Cabot

Yes we filed the acknowledgment and then sent the pound and the letter to cabot with a copy to restons with the CPR. Cabot have said that they do not have the paperwork and that restons now have the details of the case as they are acting for them. They returned our postal order but took ten days and time is elapsing and restons probably wont have fourteen days because the time for filing the defence will run out

I assume it is a s.77/78 request made under the consumer credit act? The 12 working days ( not weekends/bank holidays they have to comply with the request runs from the time of what is called "deemed service". If you posted it on a Monday by 1st class post it is deemed served on the Wednesday. There turn of your postal order is an irrelevance. Cabot are still deemed served and after expiry of the 12 working days are in breach of s.77/78 CCA and not able to enforce. That in itself is a good defence to have at this stage!

It is irrelevant that they have forwarded the request to Restons to deal with - it doesn't extend the statutory time limits.

You seem to have also made a CPR request as well to Restons direct. Was that made under CPR 31.14? If so they have seven days to comply from deemed service. Did you ask for an extension of time for filing the defence as part of the request?