Hi

I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please.

One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k.

Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows;

___________________________________________________________________________________________________

Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above.

I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person.

For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed.

Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974).

I look forward to receiving the documents requested within the next 12 days.

___________________________________________________________________________________________________

I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process.

I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope.

I have contacted Royal mail to obtain confirmation the Postal Order has been cashed.

I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis.

Many thanks

Bozalt

IMG_1942JPG.pdf

You should never reply to a failed CCA.

And anyway there's no point in sending a CCA to a sols

It always goes to their client or the claimant

Well it will be helpful if you can find out if the postal order was cashed.

This kind of loss of control is why it is generally recommended to send a cheque rather than the postal order because you would know exactly if it had been cashed and when.

You say that you are paying them 1 pound a month. Was this on some kind of instalment agreement? And did you stop paying or did you continue?

Hi dx100uk & Bankfodder

Many thanks for your replies.

Previously I have been advised not to send cheques from personal accounts and have always sent PO's in the past, I stopped paying in 2016 as I had not heard anything for almost two years and the debt was being sold on.

The account was originally defaulted in 2008 along with a lot of others, I should have stopped paying then but after being made unemployed trying to keep my home was the priority.

I have sent a SARS & CCA to Cabot also to obtain a copy of any documentation which they intend to base their action.

Should I await the Court documentation prior to taking any action or should I at least point out that they have not returned my letter or postal order and have failed to comply?

Well you could send them the response I have suggested above although it may be rather more involved than you would like.

Simple thing to do is simply to say to them that as they are clearly writing to you about all sorts of personal matters, there is no basis for them to suddenly refuse a CCA on the basis of data protection. Tell me doesn't stack up.

Point out that they haven't returned the postal order to you and they aware of the CCA request and they are effectively refusing to provide one.

Tell them that on this basis that when you receive the court papers you will defend on the basis that there was no CCA and they have refused to supply one.

replying to rectums is totally pointless

simply invites their stupid letter tennis

wait till if/when they issue a claimform.

we use PO's because we don't want naughty people lifting cheque sigs

nor knowing what bank accounts to look at so they can see if you have money or not.

dx

Well you could send them the response I have suggested above although it may be rather more involved than you would like.

 

Simple thing to do is simply to say to them that as they are clearly writing to you about all sorts of personal matters, there is no basis for them to suddenly refuse a CCA on the basis of data protection. Tell me doesn't stack up.

 

Point out that they haven't returned the postal order to you and they aware of the CCA request and they are effectively refusing to provide one.

 

Tell them that on this basis that when you receive the court papers you will defend on the basis that there was no CCA and they have refused to supply one.

Thank you.

Would something along the lines of the following be ok?

Further to your letter dated XXX7, you have stated you have returned my formal request letter however this has not been returned nor has Postal Order number XXXXX representing the fee payable under the Consumer Credit Act 1974 (Sections 77 – 79) for supply of a copy of the credit agreement in question and a full breakdown of the account including any interest or charges applied.

As you have refused to supply a copy of the credit agreement, until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Further I am making a legal and formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, ss.5(2), 3(b),6 and 7.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself.

Please also note that your failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and pursue enforcement action regardless.

Finally I would like to point out that there is no basis on which to refuse my CCA request under the Data Protection Act as the above address is the one which you and your client have previously used to communicate my private business to me and which you have hitherto found to be acceptable.

Cheers.

I will do that!

letter tennis rectums is totally pointless

simply invites their stupid letter tennis

 

wait till if/when they issue a claimform.

 

we use PO's because we don't want naughty people lifting cheque sigs

nor knowing what bank accounts to look at so they can see if you have money or not.

 

 

dx

Thanks I will do that!

when as this card taken out?

The card was taken out around 2004

So can't use a recon then

Thanks for confirming my understanding that they must provide the original document,which I guess ties in with the penultimate paragraph of their letter requesting I review my personal records.

The Post Office have confirmed that the P/O for the CCA has not been cashed, I am awaiting on confirmation for the P/O for CCA and SARS to Cabot.

Hi

I have today received a claim from Restons for a 2005 credit card taken out with Bank Of Scotland for a value of just over £4k.

No payments have been made for almost four years and I have requested a copy of the CCA from Restons and Cabot with no response. The first request to Restons was returned with a letter refusing to supply as I had not signed the letter, the last letter sent in 2017 was ignored.

All letters were sent recorded delivery together with a £1 postal order.

I will be looking to defend the claim and would appreciate any advice available in order to do this successfully.

I appreciate any guidance offered.

old and new threads merged and moved to legals

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

please complete the above

Hi

Thank you for reply, please see information below;

Name of the Claimant - Restons Solicitors Ltd

Date of issue – 6 August 2018

Particulars of Claim

The claimant claims the payment of the overdue balance from the defendant(s) under a contract between the defendant(s) and Bank of Scotland dated on or about Feb 2005 and assigned to the Claimant on Nov 18 2013.

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO

What is the total value of the claim? £4418.53

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

When did you enter into the original agreement before or after April 2007 ? 2005

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO

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. - Account assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

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

Why did you cease payments? Claimant unable to prove debt

What was the date of your last payment? May 2016

Was there a dispute with the original creditor that remains unresolved? Yes, no proof of contract, debt or CCA provided.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes

I will send CPR 31.14 and further CCA requests today.

May as well register and acknowledge service also

Thanks Andy, now done!

I trust your keeping well bozalt ...its good to see you back.....apart from the above reason:wink:

Thanks Andy, I am good with the exception of Restons , I trust all is well with you?

Yes alls good...still fighting the good fight

I have sent CPR 31.14 request for contract document and notice of assignment only as this is all they mention in the claim. I have also referred to my previous requests for these being ignored.

CCA letters will be sent to both Restons & Cabot.

Any help crafting a defence should it be needed would be appreciated.

use the search cag box of the top red toolbar

cabot claimform card

Thank you DX.

I just looked through my files and located a letter received in April last year from Restons which attached a copy of a reconstituted, unsigned and undated credit agreement. The letter states that they consider this as satisfying the CCA 1974 and is now enforceable. Is there a further link you could direct me to so taht i include reference in my defence?

https://www.consumeractiongroup.co.uk/forum/showthread.php?485868-Cabot-restons-Claim-form-old-Vanquis-card-debt

can you scan up what they sent please?

one multipage pdf read upload

defence is not due till 7th sept so let them sweat till then.

no harm in working one on mind

Post it here as a pdf

Read upload

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