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Dialatron

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About Dialatron

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  1. Hi, Apologies for being quiet on this - a family illness put everything on hold and rather placed this as a lower priority. So, in the intervening months I have made no further contact with Cabot/Restons but they have since provided the default sum notice and last week sent a letter giving me 14 days to agree a settlement or they will lift the stay. I have decided that given my domestic situation I would be far better agreeing the affordable figure with them as there are more important battles that need my attention. As mentioned above my circumstances are not financially great (and are now at some further risk due to the aforementioned family health issue), so I would appreciate if any of you have a 'standard' letter which I could use to make the offer which does not compromise my position. Many Thanks
  2. Hi dx, I could have a go at uploading the lot but the monthly statements would all need redacting and this will take some time - I can do this if it is pertinent there's probably in excess of 50 pages.
  3. Shamrocker, I would appreciate seeing a boilerplate letter which may cover this option - would this take the place of a Tomlin Order or would I require a TO? (I need to read up on what a TO is today it seems). If I were to proceed with such an option would either side have the option to renegotiate if circumstances changed? e.g. a windfall on my side allowing me to offer a final settlement (for perhaps) a lower sum? Would the claimant have the ability to demand increased payments? Thanks
  4. No more than about 30 a month - probably nowhere near enough to get an agreement.
  5. Hi, The claim is for £3700 and there's no way I can pay this or any lump sum.
  6. Hello again, So to bring things up to date with this one... Defence was submitted online and shortly after I received written acknowledgement from the court stating that the claimant now had 28 days to act. I received a letter from Restons stating that they had seen my defence and that I should have had possession of all the requested documents but that they would seek to provide these. In the meantime they asked me to contact them to agree a settlement within the next 14 days and they would not proceed with the claim. I made no contact with them. Some 3 weeks later I was sent copies of the notice of assignment which look to me to be correct - again they offered a 14-day period for agreeing a settlement and dropping my defence. They also stated that they were still pursuing the credit agreement and statements as I had requested. Again I did not respond. Checking MCOL through this period showed no changes to the status of the claim although by no it must have passed the date by which Restons should have acted. Then on Saturday I received a bumper pack of documents from Restons. The covering letter is attached. The pack contained the notice of assignments (again), a couple of years worth of account statements (only the last period, the earlier statement comprising the majority of the debt have not been sent) and crucially a copy of the Credit Agreement. Interestingly there is no default notice letter and I can't remember if this was a request/requirement. Now the agreement has an electronic signature only - it comprises only of a surname with no other initials, a DoB and a line saying that this is the equivalent of a signature. The agreement itself appears to be in order - nothing missing or any amendments to it. On the face of it they look to have a case to me - have I missed anything? Is that electronic signature sufficient with only a surname and DoB? How should I proceed at this point - withdraw and agree a settlement (which would probably mean paying for the rest of my working life) or is there life in my defence? Thanks once again for your assistance. letterx4.pdf
  7. Thanks Andy, update below. Is there any need/benefit to point out that I have had no response to my letter to Cabot and/or that my request predates the action? 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Tesco Personal Finance Plc. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. 3. Paragraph 2 is denied. I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant. It is therefore denied with regards to the Defendant owing any monies to the Claimant. 4. On the 10th January 2018 I requested information pertaining to this claim by way of a Section 78 request to the Claimant Cabot Financial (UK) Ltd to gain further details. 5. On the 24th January 2018 I requested information pertaining to this claim by way of a CPR 31.14 request to Restons Solicitors Ltd to gain further details. 6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © 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; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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 82A of the consumer credit Act 1974. 9. 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.
  8. Hi, been looking through some other cases and here is my first draft of the defence - hoping to get it up very soon... Particulars of claim (for reference only) 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Tesco Personal Finance Plc dated on or around Oct 20 2012 2. And assigned to the claimant on Aug 14 2017. Particulars are a/c no xxxxxxxxxxx DATE 11/12/2017 ITEM Default Balance Value 1. 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. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Tesco Personal Finance Plc. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. I am unaware of any missed minimum payments,.the service of a valid Default Notice and the alleged agreement being terminated, and 3.Paragraph 2 is denied.I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant. It is therefore denied with regards to the Defendant owing any monies to the Claimant. 4. On the 10th January 2018 I requested information pertaining to this claim by way of a Section 78 request to the Claimant Cabot Financial (UK) Ltd to gain further details. 5. On the 24th January 2018 I requested information pertaining to this claim by way of a CPR 31.14 request to Restons Solicitors Ltd to gain further details. 6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © 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; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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 82A of the consumer credit Act 1974. 9. 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.
  9. Hi again, I have now received the following from Restons. Does this change anything? Are there any actions I need to take as a result of this letter? Thanks Redact1.pdf Redact2.pdf
  10. CCA went to Cabot, as per the guidelines, Postal Order etc
  11. Apologies - service has been acknowledged and the CPR 31.14 is ready to send today. Without getting maudlin its a comfort to have help - won't deny that I'm still pretty scared by all this and what might happen.
  12. On the MCOL site should I 'sign' as the defendant?
  13. It appears to be from the County Court Business Centre, Northampton
  14. Apologies for my confusion - the PAP letter and Claim letters were about 30 days apart maybe less, I don't have them to hand. It may have been under 30 days in my 'possession' as they used 2nd class post during Xmas and the letter date was some days earlier than when I received it. I did respond with the CCA within the 30 days but it looks like they sent the claim letter regardless.
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