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cabot/restons claimform - Next store card debt


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Sorry,

I have submitted the statue barred defence to the email address provided by post 50.

This am I received a letter from the Court saying

 

' quote

I acknowledge receipt of your defence.

A copy is being served on the claimants ( or claimants solicitor)

The claimant may contact you direct to attempt to resolve any dispute.

 

If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed.

The court will then inform you of what will happen.

 

Where he wishes to proceed,

the claimant must contact the court within 28 days after receiving a copy of your defence.

 

After that period has elapsed, the claim will be stayed.

 

The only action the claimant can then take will to apply to a judge for an order lifting the stay ' unquote

 

So is this promising please?

 

the letter is dated 11 June.

Edited by dx100uk
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the ball is not in your court now...

they have 28days.

 

std court letter

 

go read threads in this forum

 

cag is self help too

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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Thank you for all your help and advice.

 

It is in the lap of the Gods now, so I'll wait and see, but if I ever hear the name Restons in the future my blood will boil, horrible horrible firm of leeches.

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they are ALL horrible leeches.

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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  • 3 weeks later...

hows this going??

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 just counting out the days.

 

Letter from Court dated 11 June & 28days given for Restons to respond.

 

I have heard nothing from them, fingers crossed all will be OK.

 

I will be looking with interest at the post for the next few days.

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No response & 29days gone!!

 

Hope Restons have backed off now, either way Thank you all for your help

 

, fingers crossed for everyone else involved with these horrible people!

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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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Scream in anger!!

 

Letter from Restons today, dated 11th July.

They maintain they are a debt purchaser & are advising that this is simple debt recovery action.

 

Then they refer to o/s balance, still maintain 1991 account opened.

 

2. Statements would have been sent monthly (not true, also this has been through various debt collection companies) Moorcroft, 1st Direct etc

 

3. failed in my defence to mention Next terminated the account.

 

4. Next within their right to transfer to a third party .

This firm was instructed on 20/4/18 and a letter of claim with pre action protocols sent

 

Additionally the last payment of £30.00 was made 5/3/13 (incorrect) & a throw purchased 4/8/12 incorrect!!!

 

Confirm that letter referred to in Defence not received by R's not aware of request for CCA & it does not mean that the lack of CCA does not render the account unenforceable & that the client is unable to recover the debt indefinitely.

 

They note information re my ill health & require proof & documentation to be sent by 25July to them. This to ensure my account is managed in accordance with Data protection!

 

End of letter states Client is prepared to consider any reasonable settlement proposals to put forward in order to resolve & avoid continuation of this litigation.

 

Please contact this office within net 14days or complete encls. financial statement. (Which I have no intention of doing) signed *********Paralegal

 

So what now please??

 

any help greatly appreciated, this firm is writing their own rules & storyline, I nearly give up.

Edited by dx100uk
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If you go read any reston claimform thread here

Youll see the same type of letter re cpr 31:14

Ignore

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

So do i just ignore it?

 

I am so angry that they have the gall to ask me prove my medical history,

 

Can I ask how much they paid for this debt & how much they make on it?

 

I really am so angry about their attitude, shall I just ride it out?

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You always were going to get angry?

.you didnt read other threads and didnt research what rectum s do? And see this letter already?

 

As post 62

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 note it makes no more mention of Court proceedings, other than they are aware they received my defence in plenty of time.

 

So it has taken Restons nearly a month to write what amounts to a 'threatening letter' who would ask for written medical proof?

 

I am not about to share my numerous operation details with them!

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I did read what tenacious .....s they were, but I sent an honest & true account defence docs to the Court, these have been ignored by R's so I do not know now whether the Court is still involved or R's are just pushing it to see how far they can go..

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The court has not viewed your defence as yet...that only happens if it gets to trial.

 

There are 6 stages to a claim process.

 

1.They issue claim

2.You issue a defence.

3. They consider defence and send out nonsensical computer generated templates to wind you up....and get you to converse with them so you can inform them of all the details of the debt....they only have an address an account number and value of debt...thats all they know at this stage.

4.They either let the claim stay or in form the court thy wish to proceed...claim moves to allocation

5 Claim is transferred to your local county court and directions are issued what each party must do in preparation for the hearing.

6.The hearing and judge eventually sees details of the claim and your defence and then gives judgment.

 

So yes the claim is still live and involved.....but its up to the claimant to move it to the next stage.

 

Andy

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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They've gotta win 1st!!!

 

Bit rare for rectums once CAG get involved:madgrin:

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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  • 1 month later...

Restons seem to have passed the debt back to Cabot?

 

I have sent no correspondence to Rest since their enquiry re producing proof of my health.

 

Cbot are at present phoning every day and leaving a message on a/m which I refuse to respond to.

I am assuming that Restons even tho' they love litigation are leaving this alone??

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you can never tell

they are both entitled to do things

 

but safe to say you ignore them until unless they gather some docs then post them here

or

you get an N244 from them that they are going to lift the stay and go for a Summary judgement

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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Another phone call from Cabot 10.00pm I have caller display and all their calls are logged on my phone, harassment!

 

I am happy to go to court if it comes to that, I have all my docs re ill health & operations which I will produce at Court.

 

I am NOT sharing my personal history with some two bit debt collector who is trying their hardest to wear me down.

I have submitted my defence, so no more for me to do (except pay them!!) I shall await their next move.

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well you wont be doing that [paying them] anytime soon as they've failed as in post 72

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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  • 4 weeks later...

Latest from Restons: Statement of goods purchased 20/8/12 incorrect, items I would never have purchased - cobbled together-

Quote; Reconstituted Credit Agreement (no signature of course)

Notice of Assignment 5/8/16 - never received

Purpose of this letter is to give me the opportunity to withdraw my defence before an application made to lift the stay (formN9A)

Alternatively our client is prepared to consider reasonable settlement proposals I may wish to put forward to resolve this matter amicably and avoid continuation of litigation.

Unquote

They are so determined that I am determined to ignore.

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