Hello all, it has been a long time but after ignoring all their requests for me to prove the account was statute barred,

the claim has finally been discontinued

I had a Notice of Discontinuance today and they are now closing their file.

I am hoping this means there will be no more claims started against this debt now.

A big thank you everyone who helped me and I hope this post may help someone else in the future

Thank you Andy. I will wait to see what their next step will be, hopefully them saying they are discontinuing the claim lol

Linzi x

Hello i have just received the above letter from Restons and I am not sure what to do. I thought it was up to them to prove it isn't statute barred, not up to me to prove it is? And surely if they had this evidence they would be pushing on with the court case not giving me two weeks to prove why it is SB?

Do I reply? and if i do...what would i say to them? Still not heard back from cabot regarding the CCA yet.

Thanks in advance

Linzi x

Hello citzenB,

Yes I submitted my defence last night, I went the statute barred route.

Hopefully they don't have anything to prove it isn't,

I'm guessing if they told me on the phone it was due to be sb'd in August this is why they have done the claim now.

I am sure if i did send the £1 payment to them it would have been close to this time from the little bit of paperwork i have,

so could have just been a tactic they use to try and put people off defending the claim.

Thank you for all your help,

I will let you know as soon as I hear from them.

Linzi x

Where is says "The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied." Do i put in the amount they are claiming where the x is?

Thank you so much for your help, i know i have messed this all up. I will send off the CCA request to Cabot in the morning

Linzi x

and it doesn't appear on my noodle credit file

Ok so should i file the defence on the grounds it is statute barred and let them prove it isn't?

It was only in a telephone conversation they said it wasn't statute barred. I did send a CCA request off but they sent it back and said unless it was signed then they wouldn't be sending me anything. Apparently it is their "in house rules"

I am not sure,

i did make £1 postal order payments to some companies in 2009 when i was going to do a payment plan with the national debtline.

I can't remember if they were included in that,

that might be why they say it isn't statute barred until august because that would fit with the timescale.

Would they have the proof of that payment?

This is why i went the CCA request way because I can't be 100% sure it is statue barred

and if I go the sb'd way is that not admitting the debt so i couldn't use the CCA?

I honestly don't know, looking at the date i would have to presume it is the same debt.

I have done this recently, and successfully which is why i thought i could handle it myself,

that was until i received the letter mentioned in an earlier post in this thread, just after dinner today.

Thank you dx100uk. I stupidly thought I could do it all myself, how wrong was I?! Sorry for making this a rushed thread.

Linzi x

Is there anyone online that could let me know if the defence I wrote in an earlier post will be sufficient for this claim please? I only have until 23.59 to get my defence completed and sent off.

thanks

Linzi x

Yes, which is why i am now panicking lol, i was fine until they sent my CCA request back. Planned on sending my defence earlier this afternoon. Still not clever enough to go it alone...i can be stupid at times ha.

Linzi x

ok thank you citizenB. The date of issue is: 9th Jan 2015. I did phone the court earlier to double check the date i had to get the defence in by

Linzi x

I neither admit or deny and have no recollection of any agreement.

I have no recollection of the debt to be assigned/purchased.

I have no recollection of any agreement with Capital One.

I have sent the claimant a CCA request, which they have failed to provide.

Therefore the Claimant is put to strict proof to:

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

(b) show how the Defendant has reached the amount claimed for; and

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

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

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.

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

By reason 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 any good for my defense? I need to get it sent off tonight as it has to be there by tomorrow

Linzi x

Cabot is the claimant

The original creditor was capital one and it was a credit card

I don't have any of the paperwork so i'm not sure if i received a default notice or statutory notices headed “Notice of Default sums” – at least once a year.

sorry for not including it before. I was thinking maybe I don't have a defence now as i haven't sent the CPR request only the CCA. Is this and the above post enough information?

thanks

Linzi x

I forgot to add the particulars of the claim in a rush to get this posted, sorry.

The Claimant claims payment of the overdue balance

due from the Defendant under a contract between the defendant

and Capital One dated on or about Nov 10 2007

and assigned to the claimant on Mar 29 2011 in the sum of 351.48

Particulars a/c no 4**************5

Date Item Value

17/12/2014 Default balance 351.48

PostRefrl Cr NIL

TOTAL 351.48

Also is in my maiden name..

..i have been married for 7 years

but according to Cabot it isn't statute barred until August grrrrr lol

Hello this is going to be a really rushed thread because I decided to try and go this alone,

but think I have made lots of mistakes

I had a claim form through with the claimant: Cabot Financial (uk) Limited

with the address for sending detail as: Restons Solicitors Limited

I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply:

Dear Madam

Please find enclosed a draft letter which purports to come from you but which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response.

Yours Faithfully

Mr S Bray, Litigation Executive

pp Restons Solicitors Limited

I think i have not only messed up by leaving it so late....my defence is due tomorrow,

but the court recommended i send it today, but also by only sending a CCA request and nothing else.

I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons.

Have i also messed up there?

The court said that if a company has a solicitor working on their behalf then all correspondence

and any payment should go though them.

Although there was no mention of this in the letter,

Restons only told me that on the phone!

If there is anyone there ASAP that could help with what to write in my defence,

which I have to fill out today,

i would be forever grateful. Or do i even have a defence now??

thanks in advance

Linzi x

I think this looks like good news..... I have attached the 2 letters I received this morning from Bryan Carter one of them saying that they have discontinued the claim!! Just not sure what the other letter is about?? They say "the account is on hold while they take instructions and I will hear from either them or their client in due course" but if they have discontinued the claim the surely they cant still ask for the money can they? I also noticed on the letter saying the court claim has been discontinued, the balance now says £0.00?

Once again thank you soooooo much for all your help everyone, I couldn't have done this without you.

Hi I did send the CPR 31.14 to Bryan Carter and had this attached reply yesterday. I have to do my defence tomorrow so I was wondering if anyone can tell me what I need to write in my defence please. I have no idea where to even start.

Thanks

[ATTACH=CONFIG]48250[/ATTACH]

hi sorry I didn't even realise I had added the wrong copy. I have attached an edited copy of that cpr31 letter to this post.

Thank you again Andy. I will send that off today and sit and wait again to see what happens next. I will make sure what ever happens i keep this thread updated until the end so others may be able to use the information and use it as a reference to what happens next.

I have received the small claims directions questionnaire (form N180)

it looks fairly simple to fill out but i just wanted to check a couple things if you can help please...

if i put no for the mediation will that go against me in court?

Do i put myself as a witness?

And do i have to pay a fee or is it bryan carter that have to pay?

Oh and i guess i do have to sign this?

I am going to put my local court for the prefered hearing but what reason should i give?

Thanks in advance if anyone can help

Thanks, yeah i don't think they will issue one with me, i always have bad luck lol

Ahh ok so just sit and wait for now? How will i know if the issue a Notice of discontinuance? will it be the court or Bryan Carter that tell me? once again thank you so much for all the help you have given me with this.

Thanks Andy. I don't really want to settle and they still haven't actually shown any proof that the debt is mine? If i leave it to the courts do you know what happens next?