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.

[Piglet]

Re: Restons Solicitors- nightmare

As of today we have heard nothing from Restons in response to the CRP 34.15 and nothing from Cabot apart from the response to the CCA passing the buck to Restons, I have been away but had the chance to read the letter today.Cabot say they have 'assigned'the case to Restons so we have to send the CCA request to them, contrary to what has been advised here. Do we still do nothing? Also is there help available with wording the defence when it needs to be done in a few days time. I am beyond stressed with all this as my partner is unable to deal with it. Thanks

[Diana M]

Re: Restons Solicitors- nightmare

Our posts crossed Di ! ☺️

Di

[Joanna C]

Re: Restons Solicitors- nightmare

Our posts crossed Di ! ☺️

[Joanna C]

Re: Restons Solicitors- nightmare

Yes still send the SAR tomorrow.

if the claim form was issued 1 February then allowing for 5 days for service the defence must be filed before 4pm 6 March 2017.

[Diana M]

Re: Restons Solicitors- nightmare

I spoke to my partner who didnt send an SAR to the original creditor. He forgot. Is there any point in this now given that it takes 40 days to come back. I did all the other letters but left that one to him,probably a waste of time now isnt it.

There is every point in sending a SAR to The Funding Corporation now.

It will not be a waste of time.

Even if everything runs according to the court timetable its unlikely you'll reach the WS stage (typically 14 days before the hearing) in 40 days since you have not yet even filed your Defence.

Di

[Piglet]

Re: Restons Solicitors- nightmare

I spoke to my partner who didnt send an SAR to the original creditor. He forgot. Is there any point in this now given that it takes 40 days to come back. I did all the other letters but left that one to him,probably a waste of time now isnt it.

[Piglet]

Re: Restons Solicitors- nightmare

I am staying away from home for a few days but I think it was 1st February, thanks for your ongoing help

[Diana M]

Re: Restons Solicitors- nightmare

to clarify, do we send off the letter to Restons asking for an extension for our defense or not?

What is the claim Issue Date?

Your Defence filing deadline will be 33 days from that date.

Ask the question about an extension of time needed or not four days before the deadline. The answer will become apparent then, depending on what has happened in the meantime.

Di

[Diana M]

Re: Restons Solicitors- nightmare

Cabot have apparently contacted Restons to inform them that we have asked for paperwork, so that is why I wondered if we should send them the CCA request too with the payment.
Surely, though, if Restons are acting for Cabot and Cabot have informed them of our request that is where it stands at the moment. Still a bit confused as to what to do now.

That question has already been answered twice

you've made a valid CCA Request to Cabot who have acknowledged receipt of it in writing. Job done. You've no need to send another one to Restons.

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 return 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.

Di

[Piglet]

Re: Restons Solicitors- nightmare

Thanks Mike and Diana, to clarify, do we send off the letter to Restons asking for an extension for our defense or not? Yes I sent the template CPR letter from here to Restons.
Cabot have apparently contacted Restons to inform them that we have asked for paperwork, so that is why I wondered if we should send them the CCA request too with the payment.
Surely, though, if Restons are acting for Cabot and Cabot have informed them of our request that is where it stands at the moment. Still a bit confused as to what to do now.

[Kati]

Re: Restons Solicitors- nightmare

You have started a new thread on this claim so maybe @Kati can merge the two so everything is in one place on this thread because that will make it easier to follow the claim history.

sorted :yo: xx

[Diana M]

Re: Restons Solicitors- nightmare

You have started a new thread on this claim so maybe [MENTION=49370]Kati[/MENTION] can merge the two so everything is in one place on this thread because that will make it easier to follow the claim history.

Joanna Connolly has answered your question on your other thread:

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?

I've replied on your other thread too

Link to your other thread > http://legalbeagles.info/forums/show...906#post710906

Di

[Diana M]

Re: Need Help Urgently re Restons/Cabot

they are effectively trying to get a large amount of oney from mypartner with no evidence whatsoever of this debt.what should i do next should I send the pound to Restons and formally request the CCA, time is short for the defence now ,how would he ask for an extension.

They won't get a large amount of money from your partner with no evidence whatsoever.

The fact that they haven't got the documents they need to enforce this debt in court is a good thing not a bad thing. They've admitted it in writing too.

Jo made this point in her post:

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!

From what you say you've made a valid CCA Request to Cabot who have acknowledged receipt of it in writing. Job done. You've no need to send another one to Restons.

If your CPR 31.14 Request was sent using the forum template it would have told the solicitors that if they needed more time then you are willing to agree to an extension in writing. Have they specifically asked for an extension of X days?

You don't need to ask them for an extension to file your Defence because you don't need one

Di

[MIKE770]

Re: Need Help Urgently re Restons/Cabot

Requesting an extension is best dealt with on the telephone, however youcan email or write to the claimants solicitors, depending how much time you have.




Dear xxxxxxxxxxxxxxx

Claim Number: XXXXXX - xxxxxxxxxxxxxv YOUR NAME

You will be aware that I have requested further information from you regarding your clients claim No XXXXX relating to a debt allegedly previously owed to xxxxxxxxxxxxxxxxx.

As I am yet to receive any information from either yourselves or your clients to enable me to make an informed decision in defending the claim I would like to request your agreement to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing.

Considering the current deadline for submission is the xxxx xxxxxx 20xx I would appreciate a response by return.

Kind regards

XXXXXXXX

Amend to suit if needed!