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Everything posted by LastViking

  1. Thanks for this thread, it has been interesting reading and I agree with you that other people should resist these unprincipled and un-contracted additional charges. LV
  2. I have to reply to Restons letter soon. However I checked my credit references with Experion and Equifax today. None of my old debts are recorded on either report as owed. Is that significant? I am wondering if I should make this court action go away by making an F & F offer to Cabot. I can't pay off everyone, but no one else is chasing yet. if I settle with Cabot, maybe no one else will bother. If I make a F & F Offer will there then be an entry on the credit report? I am really struggling to know which way to go. LV
  3. Sorry to be a pain but I need to react to Restons/Cabot I was thinking that as neither has produced either the original signed agreement or a copy of the assignment of the debt from CITI to Cabot that they must be on thin grounds. How do I push them to accept that they have no case? Does the fact that I was writing to Cabot in 2006 disputing their involvement and the amount owed make the position for me better or worse? LV
  4. I have now received a letter from Reston which I have attached. They also sent copies of letters from Marlin dated 14 June 2014 and a contact letter from Cabot dated 7th June 2014 but nothing in the way of evidence of the legal assignment of the debt from Citifinancial to Cabot which appears to suggest that they don't have anything. When I was first contacted by Cabot I wrote denying any right that they had to the debt without proof which they never provided. I also have the copy letters disputing charges made to the account after the 'claimed' transfer to Cabot and be
  5. Thanks Dx Yes, neither agreement is signed or dated by me or CITI, except for the a reference at the top which implies one was in 01.01.2001 and the second 01.05.2006. Does this mean that they have failed to comply with the CCA request and should I do anything further at this stage? LV
  6. I have now received a response from Cabot to my CCA letter but all they have sent are copies of reconstituted CITI Consumer Credit Act agreements, together with a statement of amounts paid according to their records. No signed forms of any sort or proof of the transfer of the debt to them. Do I need to do anything now or wait for the court?
  7. Well I have to go now so I will submit the Defence as it stands and hope for the best.
  8. Just a further thought, should I include in my defence that I dispute the amount shown as owed to Citifinancial in any event. There was correspondence in 2007 regarding this but they never adjusted the account for the disputed amounts. It was only £ 250 though so maybe not worth mentioning???
  9. OK this is now my attempt at a Defence. Please comment/amend as needed. In the Northampton County Court Business Centre Claim Number Between: Cabot Financial (UK) Limited - Claimant and xxx – Defendant Defence 1. I, xxxx, am the Defendant in this action and make the following statement as my Defence to the claim made by Cabot Financial (UK) Limited. 2. The Claimant's Particulars of Claim are vague and generic in nature. The Claimant fail to disclose any cause of action, they appear to be an abuse of the pro
  10. Hi Flembo45 , I am in the same position, trying to decide what it is the appropriate defence when they haven't supplied anything.
  11. I sent the CCA request by Recorded delivery to Cabot on 1st August. They received it on 4th August. I believe therefore I should have received a response by today 21st August but nothing has been received. Restons responded to my request under CPR31.14 on 18th August but provided no documents arguing that Paragraph 5.2A of Practice Direction 7E means that they do not need to provide documents and that the POC are sufficient information. Reading through the forum it appears that I have no way of filing a complete defence and I wondered therefore if I should file
  12. I have just logged into the money claim site and it shows the message on the claim. 'A bar has been put in place on this claim. You cannot respond to the claim at this time' I need to file the defence today so can someone explain what this means and how I can file the defence? I am getting very worried now.
  13. Sorry, what I was trying to understand was the style of a defence. I have never been in this situation before and don't have a clue about the format and terminology. I have been told I must file a defence and I picked the wording up from another post. In my case I think all I can do is delay matters as they haven't produced proof of the liability. If you agree that the format is correct then I would propose writing. In the (state county courticon here) Claim No. (state claim number here) Between: (state Claimant’s name here) Claimant -and- (State your name here) Defen
  14. So is my defence is to deny that they have any debt to collect in the absence of documents proving that the debt was transferred to Cabot or that I signed the original agreement etc. Something along the following lines? In the (state County Court here) Claim No. (state claim number here) Between: (state Claimant’s name here) Claimant -and- (State your name here) Defendant Defence Introduction 1. I, Mr/Mrs aged (state your age here) of ( state your full address here) am the Defendant in this matter and I make this statement as my defence to the Claim brought by the
  15. What do I do, if they do that, what defence do I file by the 23rd? I am away from 22nd so have to deal with this before then. Do I assume that they will not reply. Even if they do, it does not give me much to time to consider their response. Sorry for all of the questions. Not had to do this before. I am grateful for your help.
  16. Hi Brigadier The letter to Cabot was posted recorded delivery on 1st August, so it has been 12 working days.
  17. I have now had a limited response to the CPR31.14 request letter from Reestons. I attach a copy as I don't really understand what they are claiming, except that they seem to be saying that there is nothing that they need to do. Any additional advice would be gratefully received. I haven't heard anything from Cabot yet although they cashed the £ 1 cheque. Thanks in advance. LV
  18. OK, sent the letter back signed, so I will see what response I get this time.
  19. I am also in a position where Restons returned my CPR letter because it was unsigned. The Oldrouge and Brigadier2JCS have suggested that I should have signed the letter to the solicitors for the CPR, so I am a little confused. Do I now sign and send the request back or hold off and claim that they are not providing documents. My thread is at http://www.consumeractiongroup.co.uk/forum/showthread.php?429990-Cabot-restons-claimform-old-CITI-card-debt&p=4590371#post4590371 LV
  20. Hi All. I have now received a response from the solicitors to my CPR 31.14 request but it is not what I expected. As recommended on the forum I did not sign the letter but just typed my name. Their response is:- '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 nor provide any response.'
  21. Brigadier, I notice you use the word 'unequivocal'. When I was contemplating bankruptcy I wrote to some of my creditors asking "I am trying to resolve my financial affairs. In order to do this I need to know the full amount that you claim I owe in connection with the above, including fees and charges applicable. I also need to know what amount you would be prepare to accept in full and final settlement of the debt." In your opinion, would this represent an unequivocal acknowledgement of the debt at the time I wrote the letters? LV
  22. OK folks, letters sent and claim acknowledged. Now what. just wait and see? Any thoughts on what I do about the situation if I lose, regarding the bankruptcy issues?
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