The credit agreement does not have details of the account number just my name at the bottom and signed by them.

Everything else they have sent matched the number

So a bogus cca return then

Needs to pointed out somehow

So page 2+3 in the scan in post 25 are not the same no as the poc?

Yes mate they are the same.

I thought you meant the actual cca page 4 onwards

Today I have received the following.

std letter they send in response to every CPR request

on 100's of reston claimform threads already dave

Yeah noticed that dx thanks.

So just a case of waiting and filing a defence by 11th October if I've worked it out correctly?

No need to keep using reply withe quote

Just type

Yes by day 33

Thanks mate will post up just before with a defence for yous to look over thabks once again.

So I have not received anything further from restons.

So I assume get my defence wrote up today and submitted?

Due tomorrow by 4.00pm.

Yes Andy.

How does this look.

P.O.C

The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and VANQUIS

dated on or about Apr 09 2015 and assigned to the claimant on June 30 2017.

PARTICULARS a/c no ###############

Dated 13/7/2017 default balance £740.79

Total £740.79

DEFENCE

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.

1. The Claimant claims £740.79 is owed under an agreement with Vanquis. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply.

2. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from the Claimant Cabot Financial Limited.

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

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

(b) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

© 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;

4. On receipt of this claim I requested, by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimant's particulars in order to establish what the claim is for. To date the Claimant solicitors have failed to fully comply with this request.

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

6. On the alternative, as 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 82 A of the consumer credit Act 1974.

7. 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.

Is this good to go?

Regards

Just a few tweaks done above....okay now

Just a few tweaks done above....okay now

Thankyou Andy much appreciated.

Did you receive a letter of claim pre court claim ? (Pre Action Protocol)

Defence submitted.

Yes Andy I did. Details on 1st page of this post.

Regards.

I have just been checking through my credit report and have noticed that Cabot has now updated this account on my file to a balance of £870 (courts costs)

Can they legally do that as the balance is currently only £740 without court costs.

matters not

Today I have received the following from restons.

restons.pdf

Which is a template response to your template defence ...on every other Restons thread.

I thought as much Andy but just keeping the thread updated and checking that's all.

Thanks for the reply, appreciated.

Today I have received the following from restons solicitors.

Regards.

Think thats right now. Always seem to have trouble with these.

01-15 Scan1.pdf

begging letter

if they are going anywhere and want to lift the stay

it will cost them £255 and you'll get an N244 from THE COURT.

dx

Thanks dx. I have just logged into mcol and last thing in history is my defence been received.

Should it show stayed anywhere on there?

Regards.