Cabot/marlin/restons -argos card claimform

[Poppay2]

hi

have been reading up on stuff and currently compiling CPr request letter to send to Restons, the only mention of any document is '..under a contract bewteen the Defendant and Arg Card Svcs'

 

a couple of things crossed my mind, are they using the term 'contract' instead of 'cca'? of which they have said they do not need in a previous letter.

 

and can I refer to the 'contract' as the request made when I originally sent the cca request to them?

 

and can the contract be a document that I request a copy of?

 

as no other documents seem to be mentioned I guess that I delete reference to other documents in the CPR letter?

 

apologies if all a bit garbled, have been rather ill all week, and only just back on my feet.

 

regards Poppay

[Poppay2]

still reading up, and have changed 'agreement' to 'contract' in the CPR letter.

[BRIGADIER2JCS]

hi

have been reading up on stuff and currently compiling CPr request letter to send to Restons, the only mention of any document is '..under a contract bewteen the Defendant and Arg Card Svcs'

 

a couple of things crossed my mind, are they using the term 'contract' instead of 'cca'? of which they have said they do not need in a previous letter.

 

and can I refer to the 'contract' as the request made when I originally sent the cca request to them?

 

and can the contract be a document that I request a copy of?

 

as no other documents seem to be mentioned I guess that I delete reference to other documents in the CPR letter?

 

apologies if all a bit garbled, have been rather ill all week, and only just back on my feet.

 

regards Poppay

 

 

Contract/agreement same thing CCA only means the " Consumer Credit Act".

 

 

Correct only documents mentioned in the POC can be requested.

[Poppay2]

Hi Brigadier

 

I should therefore delete other references to other documents?

 

I also went a mad week before last, and sent off 3 ccca requests, thought I would cover all bases, still no sign of a ccca

 

poppay

[BRIGADIER2JCS]

Hi Brigadier

 

I should therefore delete other references to other documents?

 

I also went a mad week before last, and sent off 3 ccca requests, thought I would cover all bases, still no sign of a ccca

 

poppay

 

 

1. Correct only docs mentioned in the POC.

2. 12 + 2 Working Days for compliance with a CCA request so discount weekends and bank hols.

[Poppay2]

was hoping to have worked on this long before now, but unfortunately had not recovered from illness fully, and it floored me again.

Thankfully, fighting fit now

 

 

I have heard from both cabot and restons and both have sent their statutory letters

cab ot in reply to cca request (not the first request) said they would try to obtain but it could take up to 40 days.

resto ns have sent what appears to be their statutory reply to a CPR request, as I have discovered from reading other threads.

 

 

I am concerned that with being so ill the past 3 weeks I may have miscalculated as to when my defence should be filed i thought it was 27 August, but having counted out 33 days on the calendar I now make it the 25 aug which is tomorrow.

 

 

I have an idea as to what the defence may be and will work on it now.

 

 

 

 

 

In order for us to help you we require the following information:

RESTONS ON BEHALF OF CABOT

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

24 JULY 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Arg Card Services Ltd

dated on or about 03/01/2002 and a assigned to the claimant on 20/11/2006 in the sum of £1123

Particulars a/c no:- ****************

 

 

DATE ITEM VALUE

01/07/2014 Default Balance 1123

Post Refrl Cr NIL

 

 

TOTAL:- 1123

 

What is the value of the claim?

1123 + 70 + 80 = 1273

 

Is the claim for a current or credit/loan account or mobile phone account?

It is for an Argos Store Card

 

When did you enter into the original agreement before or after 2007?

Before 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

It is the Debt Purchaser who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes in November 2006

 

Did you receive a Default Notice from the original creditor?

Possibly

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No, I dont think I have

 

Why did you cease payments:-

I was made redundant and also became ill

 

Was there a dispute with the original creditor that remains unresolved?

I tried to claim on the PPI that was on the card when diagnosed with permanent illness, but I was told that I could not claim, I did fight this, but they would not pay out.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes, but it was still sold on a few times. Requested CCA from three or more Debt collection agencies including CABOT, none were able to supply it.

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

sent to cca request CABOT who replied and said can take up to 40 days to obtain.

Arg sent a reconstituted copy of CCA, mostly terms and conditions, no dates, no amounts, no signature, nothing but my typed name at the head of the terms and conditions

 

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current account

Also sent CPR31.14 to restons, who have replied with their standard reply to CPR requests (as discovered from reading other threads dealing with REstons)

[Poppay2]

I believe this is the defence i should submit. I understand it is very late in the day, but any feedback on it would be most welcome.

 

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 denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract 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.

 

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

 

4. 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.

 

5. On the 29th July 2014 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance.

 

 

6. On the 29th July 2014 I made a legal request by way of a CPR31.14 request to the solicitor acting on behalf of the Claimant. The Solicitors have stated they are not required to provide any documentation in support of this Claim.

 

 

7. 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.

[BRIGADIER2JCS]

was hoping to have worked on this long before now, but unfortunately had not recovered from illness fully, and it floored me again.

Thankfully, fighting fit now

 

 

I have heard from both cabot and restons and both have sent their statutory letters

cab ot in reply to cca request (not the first request) said they would try to obtain but it could take up to 40 days.

resto ns have sent what appears to be their statutory reply to a CPR request, as I have discovered from reading other threads.

 

 

I am concerned that with being so ill the past 3 weeks I may have miscalculated as to when my defence should be filed i thought it was 27 August, but having counted out 33 days on the calendar I now make it the 25 aug which is tomorrow.

 

 

I have an idea as to what the defence may be and will work on it now.

 

 

 

 

 

In order for us to help you we require the following information:

RESTONS ON BEHALF OF CABOT

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

24 JULY 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Arg Card Services Ltd

dated on or about 03/01/2002 and a assigned to the claimant on 20/11/2006 in the sum of £1123

Particulars a/c no:- ****************

 

 

DATE ITEM VALUE

01/07/2014 Default Balance 1123

Post Refrl Cr NIL

 

 

TOTAL:- 1123

 

What is the value of the claim?

1123 + 70 + 80 = 1273

 

Is the claim for a current or credit/loan account or mobile phone account?

It is for an Argos Store Card

 

When did you enter into the original agreement before or after 2007?

Before 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

It is the Debt Purchaser who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes in November 2006

 

Did you receive a Default Notice from the original creditor?

Possibly

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No, I dont think I have

 

Why did you cease payments:-

I was made redundant and also became ill

 

Was there a dispute with the original creditor that remains unresolved?

I tried to claim on the PPI that was on the card when diagnosed with permanent illness, but I was told that I could not claim, I did fight this, but they would not pay out.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes, but it was still sold on a few times. Requested CCA from three or more Debt collection agencies including CABOT, none were able to supply it.

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

sent to cca request CABOT who replied and said can take up to 40 days to obtain.

Arg sent a reconstituted copy of CCA, mostly terms and conditions, no dates, no amounts, no signature, nothing but my typed name at the head of the terms and conditions

 

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current account

Also sent CPR31.14 to restons, who have replied with their standard reply to CPR requests (as discovered from reading other threads dealing with REstons)

 

 

 

 

 

Cabots reply to the CCA request is nonsense they have 12 + 2 working days to provide the agreement Not 40 days.

 

 

Remind Cabot of the statutory time limit, the alleged debt remains unenforceable until a compliant agreement is provided.

[Poppay2]

Hi Brigadier

This is not the first occasion that Cca has been requested from them, they just keep selling the debt on, or just use different arms of their company to chase it.

 

so, I should send them letter stating that debt is unenforceable despite having to file my defence within the next 24 hours?

[Poppay2]

Is the draft below suitable unenforceable letter to send to them?

 

 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

REFERENCE NUMBER: *****

 

On (date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

 

You have failed to comply with my request.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable by law as you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’ you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

 

You have 14 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter which is now a formal complaint.

 

Yours faithfully

[Poppay2]

I am going to file the defence now, as i am not going to be around to do it tomorrow.

fingers crossed that it is ok.

regards

Poppay2

[dx100uk]

you have to file by midnight tomorrow Monday.

 

 

something like:

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

Defence

 

 

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. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any 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 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;

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

6.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.

 

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.

Regards

Andy

***************

 

 

I would not bother with the letter to cabot..

 

 

dx

[Poppay2]

Hi DX

Thanks for the information, I have filed a defence similar to the one you have provided.

 

I had read several posts dealing with the same sort of thing and the same companies.

 

I edited mine with my details and read more posts for a few hours.

 

I had already filed my defence before you replied, as I may not be able to do it tomorrow,

as I am going out for the day, and I dont want to risk missing the deadline,

especially if I should be out late for any reason.

 

I will advise as to how matters develop.

 

thanks

 

Poppay2

[Poppay2]

Hi well,

 

 

would you credit it? (excuse the pun)

 

 

I received copy of cca from Cabot for the ARrgoos account,

 

 

which is currently going through county court.

 

 

I will post it up when I have time as at work at present.

 

 

 

 

One thing.... there is PPI on this account.

 

 

any advice on how I move forward now would be most welcome.

 

 

regards Poppay

[BRIGADIER2JCS]

Hi well, would you credit it? (excuse the pun) I received copy of cca from Cabot for the ARrgoos account, which is currently going through county court. I will post it up when I have time as at work at present. this has now filled me with dread as I now expect to go to court. One thing.... there is PPI on this account. any advice on how I move forward now would be most welcome. regards Poppay

 

 

All will depend on the document that you have received, is it compliant for instance?

 

 

PPI can be reclaimed is it was mis sold.

[Poppay2]

I am a bit confused as it says Application, but also Consumer Credit Agreement.

 

 

The writing on the form is not my writing.

 

 

The terms and conditions are not all on one page and are too small to read.

 

 

PPi was misold, as I found I could not claim when I became unemployed and when I was diagnosed with narcolepsy.

[Poppay2]

have now managed to upload total contents regarding cca request that Caboot sent me.

 

this is the application form that is apparently also the cca.

 

although I did not fill it out myself, its not my writing.

 

there is PPI on it,

but when I needed it to pay the loan,

i was told I didnt qualify,

yet other debts with PPI had not denied me and it was for the same reason.

[Poppay2]

Back again......

Looks like CArbot are having another go at this debt. Even getting a company called Resolve-acall to call round to my house, they have sent me letter dated 18th Jan which I recieved yesterday, giving me 7 days to contact them.

This debt is now Statute Barred - Statute Barred letter to CABOOt? Or to their Resolve-acall people, who are threatening to visit me at home!!

regards

Poppay2

[AndyOrch]

Was the debt statute barred as at 24 JULY 2014 when they issued the court claim ? If not its not statute barred now as the clock stop on the issuance of the court claim.

 

 

Andy

[dx100uk]

resolve call are not bailiffs and have zero legal powers

if they do rock up

tell them to leave and not return else you'll call police 101.

do not engage with them.

 

TBH though cabot have sent 100's of these resolvecall letters out recently, think they must of done a deal with scotcall [sorry that's their oldname] or bought them out, as cabot don't have a doorstep wing like most others AFAIK.

 

dx

[Poppay2]

Hi ds100uk

 

Echoing my thoughts exactly, that is what I intend to do, if anyone rocks up I will say am calling the police and also say they are harrassing me which is also against the law (I think).

I dont tend to answer my front door unless I am expecting someone.

 

I recently had the London Intelligence branch knocking on my door asking about the novichok incident, I wouldnt let them in, and told them I had no information as I dont spend all day looking at what cars are driving past my house.

 

therefore visitors such as resolva-call have no chance of access into my house. Even if I do happen to answer the door.

 

I will keep you updated.

[Poppay2]

Hi Andyorch

 

I think I got confused back in 2014 as the claim was for the 'Aqua' card, but letters from Caboot looked so alike i thought they were for the same debt.

 

the Aqua one went to court but no-one from Caboot turned up, the claim was set aside and costs awarded to me.

[AndyOrch]