Hello, Restons have now sent me a letter (attached) advising in 14 days from the date of the letter (9th March) they will be issuing legal proceedings against me, as they have now complied with the CCA request.

Is there anything I should do to reply, or do I just wait for the court papers and then advise I wish to defend it on the basis their CCA was not legally binding in a court.

I am not sure what i should be doing, or if I need to reply.

Your help is greatly appreciated, as i am getting worried now that they will actually issue against me.

regards

restons redacted.pdf

they must abide by pre action protocol.

what is pre action protocol? I do apologise I dont know what that is.

sorry me link didn't work

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

I have received the small claims county court claim issued 3rd may 2018, just need to know what to do,

With regard to the pre action protocol which came into force on 17th October 2017,

I understand, but what if the threatening letters from Restons were from before this time,

as is the case here,

as they were sending me letters about this debt in September 2017 saying they could take me to court,

then does the PAP still apply,

or is it that as they have issued court papers on 3rd May then they should have gone through the new PAP procedures first.

Hope this makes sense.

they should have gone thru PAP

but that's for later now

please complete this:

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

moved to legals

Name of the claimant is Cabot Financial (uk) Ltd

Date of issue – 3rd May 2018

Date to acknowledge) = 21/5/18

date to submit defence = 4/6/18

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

The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010 PARTICULARS a/c no 00054xxxxxxxxxxxxxx

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

What is the value of the claim? £3199.87 plus costs total £3464.87

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 2007? In 2007

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. Debt purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I did, I knew from letters I had received that it had been assigned, whether I received official notification back in 2010 I cannot recall.

Did you receive a Default Notice from the original creditor? Not sure.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure.

Why did you cease payments?

Financial Hardship, I had been making agreed payments of £1 per month since 2010 until 2017 but they stopped, after my situation got worse. I tried to reinstate payments but they refused to accept my proposalsu

What was the date of your last payment? Probably March 2017

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 debt management planicon?

I agreed a repayment plan of £1 per month which ran from around 2010 to 2017

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Thanks I have sent my CPR request by recorded delivery on the 14th May. So now i have to compile my defence and send it to the court by 4th June. So how do I actually do this?

Check the threads on here they are full of great information and the guys on here give sound advice.

Reading your post it is classic tactics from DCA in demanding money after all they are on commission so have no desire to help you out.

Check my current thread - Lowell and Halifax OD ,

I sent CPR request to DCA and still not complied,

just gone through mediation which failed so on to court.

Judging by your information and the dates Cabot will not have any decent documents to produce

,the debt may even be statue barred but you won't know this till you get your CPR request completed.

Be prepared to get calls and more letters from Cabots offering percentage off or a couple of threatograms

Thanks for your reply, the case has already gone to court, and I have to put in my defence by 4th June, but not had a reply to the CPR request yet, and dont jnow where to start with the defence or how to write one, any help gratefully received.

the case hasn't already gone to court

you don't need a reply

read like thread 1000's here already

have a go we'll advise.

Thanks, is there any threads you reccomend, or places to start, I have read some threads but there are too many to sift through, I need to put a defence to say the credit agreement they sent me is not signed i think, and they have not followed the pre protocols that have recently been introduced. Havent got a clue where to start.

search cag box top red toolbar

claimform reston card

Here is my first draft of my defence, I have had a go, dont know if this is adequate or worded correctly, please advise accordingly, I am basing it on the fact the cca copy they sent me does not have my signature and is just a copy of the terms and conditions with my name and addreess on, they have not sent me a notice of assignment or not that i can remember, they have not followed pre action protocol and they have not yet responded to my cpr request.

Particulars of Claim.

DATE ITEM VALUE

17/8/2017 Default Balance £3199.878

Post Refrl Credit NIL

The claimant claims payment of the overdue balance due from the Defendant(s) under a Citifinancial branded credit facility issued pursuant to a contract agreed by the Defendant(s) on or about Nov 23 2007 and assigned to the claimant on Sep 02 2010

PARTICULARS a/c no 00054xxxxxxxxxxxxxx

Total 3199.87

No Letter of assignment dated sept 02 2010

No firm date of when credit card issued, "on or about 23rd Nov 2007"

CCA request no signature on cca. Reconstituted agreement

No response to cpr 31.14 issued on 14may 2018.

No Pre protocol letter received

Defence

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

It is admitted with regards to the Defendant once having had a credit facility with the original creditor citi Financial. However, the Defendant is unable to say what specific date the contract was entered into, neither it appears can the Claimant, as in the particulars of claim they state that the contract was on or about Nov 23 2007.

The claimant is therefore put to strict proof to clarify its claim. Irrespective it is denied that I am indebted for the alleged balance claimed.

I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

On receipt of the money claim form from the Claimant, I requested under section 78 of the Consumer Credit Act a copy of the credit agreement, they subsequently sent me a reconstituted copy of terms and conditions dated 30 04 2007. There is no signature on the terms and conditions and I understand this makes it unenforceable in court under the terms of the 1974 Consumer Credit Act.

On receipt of this claim i requested further information to clarify the alleged debt by way of a CPR 31.14 requested 14th May 2018. The claimant has refused to comply with this request.

The Claimant has not complied with Pre Action Protocol and the Defendant has not received any correspondence that complies with Pre Action Protocol before this legal claim was undertook.

Therefore the claimant is put to strict proof to:-.

(a) Provide a copy of the credit agreement that complies with section 78 of the Consumer Credit Act 1974, along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Default/Demand /Recall Notice and Notice of Assignment.

© Show how they have complied with Pre Action Protocol .

Any ideas about my Defence draft as i have to have it in by 4th June and no one has responded to my first draft yet. Don't know if it is on the right track or not, any help from knowledgeable guys would help me.

Well (b) is applicable to overdrafts only...you have no conclusion to the defence and the agreement does not contain the T&Cs..I think you mean prescribed terms.

Andy

T&c's do not have to be signed

Have the fleecers replied to you since issuing the claim

If not i wouldnt even both mentioning the above

I have had nothing from the claimant since the claim came through, but I understand that i still have to file a defence, so I am trying to construct one, so if i take out the things about (b) which is applicable to overdrafts only and about not having a copy of my signature, but they havent produced an agreement with my signature on, so do I mention that?

The standard credit card defence.....with conclusion......edit to suit your circumstances...

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with(Insert original creditor). I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over x months ago.

5. On the xxxxxxxxx ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Alternative finish….

10. On the xxxxxxxx I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance.

11. By reason of the facts and matters set out above, the claimants claim is denied.

Andy

Thank you i will look at that, but just had todays post and i have received a letter from Restons in reply to my cpr request.

They say they are under no legal obligation to provide me with a copy of the original agreement as they are unaware of any valid request request under section 77-79 of the cca being made to the creditor and the appropriate fee being paid.

(I have done this and had a reply from Cabot and Restons on this so i am confused)

The letter then goes on to say I have had regular statements so I knew what was going on etc.

It also says it is their understanding that a Default Notice was issued and they note that i do not deny this. And i should visit my personal records for this information. (As far as I can recall I have not agreed that i have had a Default notice, and dont have one in my possession)

They go on to say their only obligation is to serve a Notice of Assignment which they believe they have done. pursuant to Section 136 Law property Act 1925, Furthermore i do not appear to dispute having received a Notice of Assignment. ( I have never been asked if I have received one, and i dont have one in my possession)

It then just says Legal proceedings have been issued and will not be withdrawn etc.

Is it worth replying to this or should I just concentrate on filing a defence.

Thank You

Thats a template response....with your name address and account number added...on most if not all threads were Restons are involved.

You sent your CCA request to Cabot...not them.....Solicitors should know that this request must go to the Claimant.

Andy

so no need to reply to it. Just file a defence.

Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. It is noted and it is accepted insofar that I have once held a contractual relationship with CitiFinancial. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

3. With regard to a Default Balance of £3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

4. The Notice of Assigment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 years ago.

5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14

8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

11. On the 14th May 2018 I made a legal request by way of a CPR 31.14 request and a Section 78 request made on the 4th December 2017 to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to enforce the agreement or request any relief until such compliance.

12. By reason of the facts and matters set out above, the claimants claim is denied.

Here is my Defence, as they have replied to my CPR request and responded to my section 78 request I have had to acknowledge this, hope is sounds ok. Can you let me know if it needs changing, I have to send it today or tomorrow.

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is accepted insofar that I have once held a contractual relationship with CitiFinancial. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. With regard to a Default Balance of £3199.87 this is denied as I have never received any Default Notice from the original creditor nor the claimant.

 

4. The Notice of Assignment is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 8 years ago.

 

5. On the 14th May 2018 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request was also sent on the 4th December 2017. The claimant has responded to my CPR request advising they are not under any obligation to provide any documentation. The response from my Section 78 request was a copy of the terms and conditions and not a copy of a credit agreement.

 

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of the breach and service of a valid default notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Repeated points removed.

Andy