while I have been away from my home

- Restons have instigated a claimform on me for a C/C which I stopped paying over a year ago.

It went from Lloyds ( at the time was paying £ per mnth), to Lowell- who didn`t have it for very long.

One step later & Cabot had it.

They didn't have any payment

- so they have moved it to a Claimform- with Restons.

Now my question is-

at what percentage are these DCA`s buying this debt for

- does anyone have any idea?

With that knowledge- I could then make a realistic offer- to get rid of the impending CCJ.

I see you have 14 days + 5 service days for a defence.

If this is not filed, do you then have the full calendar month from the date of service to settle the judgment

(with an offer to the solicitors) without it impairing your credit file?

All input would be fully appreciated

can you fill this in please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

Do you actually have a genuine court claim in your hand or just a threat of one ?

A definite Claimform- with the `usual` POC detail

- by that I mean, reading other Restons cases

- they use the same template

Ok - forget that, I must have had a glass too many of sherry.

please fill out the link in post 2

and post the results here please

then we have the info to be able to help you.

dx

you have a CLAIMFORM, not a CCJ

dx you are correct- a Claim Form.

It`s just when you receive one of these

- you automatically assume its a CCJ

- even though its not a definitive CCJ

- until the Court decides!

I shall have to dig out all my LLoyds paperwork.

Has anyone got an answer to my original post

- r.e. how much these rogues buy these debts for?

This I feel could be a good starting block as the debt is under 4 figures

-so I may be able to get them to bail out of stretched out Court proceedings at a quite reasonable cost?

It`s just that you have to value all the time this may take along with potential days off work etc etc...

Any views would be very welcome.

no we cant answer that and its NOT the way to go about it.

PLEASE fill out that link we need

you are losing valuable time

dx

Name of the Claimant ? Cabot

Date of issue – . 22/12/2014

What is the claim for – the reason they have issued the claim?

The Claimant claims payment of the overdue balance

from the Defendant under a contract between the Defendant and Lloyds Bank.

Dated on or about Aug 2003 and

assigned to the Claimant Nov 2013 in the sum of £1100.

What is the value of the claim? £1100

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot- the assignee

Were you aware the account had been assigned

– did you receive a Notice of Assignment? I received a letter from Lloyds-

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no- received Summary of Account- 07/14- from Cabot

Why did you cease payments? 05/2014

What was the date of your last payment?05/14

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a D.M.P. I had a payment plan set up with Lloyds- but in the end they decided to sell the debt to Cabot

I have dug out all the statements I kept

- which are from 07/04 -12/04,

and spotted a £15.00 charge dated 13/10/2004.

Bearing in mind the account was opened 08/03 & defaulted Oct 04-

I`m unsure if there were any more of these charges?

Also

- can I ask that if I do Ack the claim - to defend,

and subsequentely down the line

- the Claimant wins--

- does this mean the CCJ cannot get removed from the Register?

Or can the Claimant ask the court to cancel the CCJ- at any stage- even after an order from the Judge- which means a CCJ is served on you?

don't worry about the charges

you defend all anyway

else you'll get a CCJ whatever you do.

IFIFIF they get a CCJ, you have 28days to pay it before it gets registered.

dx

Thanks DX

Looking at the details I completed above

- do I now follow the next steps with obtaining an agreement/CCA 1974/ Section 77/78/79 request

- or do I contact the Solicitor/Creditor with regards to making an offer?

Just unsure at this stage what action I take next which allows me the best route to avoid a judgment ?

For the record.

I proceeded before with a case which was eventually awarded to the Claimant-

so I currently do have a deal of nerves when dealing with this.

( pm me if you require further details )

So based on the fact that you still have 28 days to pay

- even if the Judge awards the case against you

- it is always then TO DEFEND EVERY TIME ?

yes defend all get the CCA & CPR off

regardless.

dx

OK.

Do I contact Cabot / Solicitor direct at this stage-?

If statements do arrive , do I also then write to Lloyds regarding claiming back any charges?

no you don't why?

do you want to get fleeced?

get post 17 done.

then play headless chicken ...

dx

dx

OK- sorted

I was just reading the :

"You have received a Claim - What you need to do" form

- and it does say- .

3: Talk to the Claimant

- The court encourages you to try and settle the claim without the need for a court appearance.

So, try and resolve your dispute directly with the claimant if you can.

there a thing called mediation for that

for the minute

going by the amount of speculative claim reston make

I'd not compromise your case in any way .

dx

I`m all for defending dx

- been there before (Court that is- with 2 hearings)

- and ended with a sour ending

- so you can understand my tentative attitude

yea you might well have been there

but not with CAG!!

we fight back against these speculative claims

which are solely made in the hope the defendant does not defend

and they get a default non contested judgement

go see the number of rectum cases in the won forum

dx

dx

dx

Is it fine posting freely

- bearing in mind the DCA`s will I am sure have their own spies in these forums!

yes just keep basic pers info redacted.

dx