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Cabot/Restons PAP Letter of Claim - old Halifax Credit Card debt


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Hello. I am new to the forum and need some advice/help.

 

Received a letter from restons Re an old credit card debt seeking payment and issuing a county court claim against me.

 

It should have been statue barred Dec 2017 but apparently I have made payments.

It is possible as this card relates back to when I got divorced.

 

I was advised to send a practice direction letter which I did and received a response from them.

 

Can someone please advise what this means and is it worth defending in court.

My friend has offered to pay it off for me as it is making me stressed.

 

I have a mortgaged house and a car which I have been told they will put a charge on.

Is it worth paying this off or defending and if I did what are the potential court costs, would it add a lot to the debt.

 

Any advice would be appreciated. have until 5th Feb to respond.

docs1.pdf

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Thank you for relying.

 

 

It was a colleague at work who suggested it.

 

Something about there is a process of 3 letters to send or something like that and it can maybe stop the debt.

 

I have searched on the forum here for Restons and is seem there is a lot of issues with them.

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Hi......not the best advice given by your friend...in particular " the 3 letter nonsense"

 

You cant request any of the above until a claim is actually issued...and a claim shouldnt be issued until the Solicitor issues the following.....

 

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.

 

 

With regrads to requesting a copy of the agreement...its only legally valid if you follow the following link.....and it goes to Carboot not Restons.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Send the above now to Carboot...no more letters to Restons until you receive a LBA as described in the first link above.

 

 

Regards

 

Andy

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Hi Andy

 

 

I am confused. I have had a look at the Pre-action document and is that not all the in the bumf that Restons have sent in their claim letter dated 5th Jan or am I missing something.

 

 

I can send the letter to Cabot with a PO. Does it go to their registered office address at the bottom of the statement that is in Restons ream of paperwork. Apologies but what is an Iba that you mention. I have looked at the link about small claims court but cannot see iba :-(

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No...cant see any forms for you to complete with information to submit within 30 days in your uploads ?

 

Section 78 Goes to the claimant...not the solicitors Restons.

 

LBA = Letter Before Action....re first link I posted

We could do with some help from you.

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H Andy

 

 

Done the letter for Cabot and will send it to their Registered office in Kent as I don't have a letter from them only the copy of the Cabot letter in the Restons pack.

 

 

Strange I will try to upload the Restons letter again as there is about 18 pages.

 

 

I am just conscious that Restons only gave me till 5th Feb and then they are starting proceedings and Cabot wont have replied by then. Will Restons just go straight to issuing court proceedings if I don't respond to them before 5th Feb as that is my understanding.

 

 

If it goes to court how much more am I likely to pay.

Debt claim 5th Jan 2018.pdf

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Yes you do have the form...dont use their version ...complete the one in my first link.

 

Send your CCA request separate as advised to Carboot...its not legally valid unless you send it to the claimant.

 

If you wish to defend...then there will be extra costs....claim issue fee (£100) and Sols fee (£50 - £75)..

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks.

 

Are there word versions of the form anywhere so I can type direct into? I can only find PDF ones

 

Hi

Done both the letters CCA for Cabot and the other for Restons.

Not signed either of them only printed my name.

 

Can someone please have a quick check that they are ok and I will post today.

 

The Restons one has to be with them for before Monday 5th Feb as my 30 days will be up. Should I send it special delivery so I know it will get there in time.

 

 

Much appreciated

Pre-Action reply form Completed 31st Jan 2018.pdf

CCA Request 31st Jan 2018.pdf

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please read what the letters state at the top

do not publish them in the open forum.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as said don't use the reston form you've been sent

use the attachment in post 6 of that link.

 

for box d use a separate piece of paper with the wording for there

and staple it to the reply form

 

1st class post is ok

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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we don't need to see our own templates

they are fool proof

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am confused here. I didn't use the Restons form but the one on the link on here.

 

 

Why box D on a separate sheet when there is more wording on box I? I don't have anymore text to go in box D.

 

 

Am I supposed to be putting something else in?

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sorry box I

it needs more room yes

i'll do that later

 

yours is fine as you've done

just send it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you should also be sending a SAR to the original lender so you can see what payments were made and when

 

also be able to tot up what was owed what was interest added to fees and thus not actually allowed etc so you are in a position to challenge the actual value of the debt.

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Thanks for the info.

 

CCA sent to Cabot and IBA letter to restons have gone today.

 

Will look at doing a SAR just need the £10 to do it.

 

Is there anything else I need to do or do I just sit back and wait for their responses now.

 

If they proceed down the court route what do I need to do?

 

Thanks

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Nothing.....post here when /if you receive a N1 (court claim)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Hi

 

Quick update -

 

Response received on Fri 9th from Restons after sending back the completed pre action reply form.

 

Nothing received from Cabot in respect of the CCA request (with £1 PO enclosed) which they signed for on 2nd Feb.

 

Just 1 question are Cabot supposed to respond within 14 days which would be 16th Feb going off the date they signed for the letter.

 

I presume I just wait now for their next move.

Restons response 6th Feb.pdf

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as post 21

 

oh and its working days. not CAL

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi

 

 

It has now been 15 working days since my CCA request to Cabot and no response from them.

 

As they have passed the legal time limit does this debt become unenforceable or can they still produce the documents further down the line.

 

Do I need to write another letter to them informing they have not complied to the CCA request or let sleeping dogs lie?

 

Also no further response from Restons after their last letter on 6th Feb.

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