Reestons/ Cabot/Sainsburys - Claim form received

[flembo45]

Hi All,

 

received a threat letter from Reestons that had to be sorted by 15th July.

 

So I sent cca request to Cabot.

 

I have received nothing at all back from them, but unfortunately I now cannot find my proof of postage from Post Office.

 

However, I know that all I have ever signed from Sainsburys was an application form in store,

so I doubt that they have the correct documents.

 

Today 25th July I received court papers from Northampton court that were signed on the 22nd July.

 

What are my options for defending when I do not have documents to prove anything.

 

The last time a payment was made on this account was in july 2009,

and it has bounced around numerous agencies since until it reached Reestons.

 

Any help would be greatly appreciated in this matter.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(4-Viewing)-nbsp

 

Can you please follow the link above and answer the questions, posting the answers in this thread.

 

Then we can advise further.

[flembo45]

Hi Citizenb

 

claim issued by Cabot financial uk

issued 22nd July

the claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Sainsburys

dated on or about 13/10/2003 and assigned to the claimant in on 07/02/2011 in the sum of 2869.86

for an old sainsburys credit card applied for in store

original agreement from 2003

claim assigned to cabot from sainsburys

cannot remember receiving any notice because i buried head in sand

do not know if i received stat notices

i ceased payments in july 2009

dispute about charges after missing payments due to no money, late payments etc

never entered into any debt management, because i had family problems at time

 

already sent cca request when i got letter from reestons, but have had no reply

 

thanks for your help, I want to defend because the only original paperwork i ever received was the application from in sainsburys, but until they send documents, i will not know

 

 

thank you for your help

[citizenB]

Righto, well there is a timeline that you MUST stick to..

 

Date of issue - 22 July 2014 + 5 days for service = 26 July + 14 days to acknowledge service = 09 August 2014 + 14 days to submit defence = 23 August 2014.

 

Their claim is very vague and limits what you can request from them under CPR31.14 . I have linked the request below.. you must send to the Solicitor acting on behalf of the claimant you can only request the following items.

 

1: Agreement and any related terms and conditions

2: Notice of Assignment

3: Statement of account to identify any penalty/ default charges.

 

So you must amend the draft accordingly. Send it as soon as possible and by recorded or special delivery.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You will then need to send a CPR part 18 in order to establish if Sainsbury's ever sent a Default Notice. I have attached a draft for you below. You can send this in the same envelope as the CPR 31.14. With CPR part 18 you can only ask questions - not request copies of documents. Depending upon their response will be if you can then ask for a copy of the document.

 

[ATTACH=CONFIG]52396[/ATTACH]

[flembo45]

many thanks citizenB

 

i will send documentation off right away, when do i reply to the court papers, and what should i put in as defense,etc, or do i wait for return of papers from reestons

 

thank you

[citizenB]

You need to acknowledge the claim by 9th August - this is the first important step - if you dont acknowledge then the claimant will be able to apply for a default judgment.

 

All the information you require to acknowledge is on the claim form. You will need the claim number and if you read down the page a bit you will find a password - you then need to log on to the MCOL gateway where there will be instructions for you to follow. Have a pen/pencil and paper by your side because you will be given another password. Then just follow the instructions - print off any receipt.

 

You will be given an extra 14 days for your defence which will take you to the next date in your timeline above.

 

You do not need to contest jurisdiction.. if the claimant proceeds, the claim will automatically be moved to your local court.

 

let us know say in 10 days time if you have/havent received anything in respect of your CPR requests and we can take it from there.

[flembo45]

Hi CitizenB,

 

after well over a week of waiting for a reply,

 

I have received a letter from Reestons Solicitiors refusing to deal with my requests

 

because my letter was unsigned,

 

only my name printed at the end as sig.

 

I thought that as they could only reply to me, that that would be enough.

 

Is there anything i can send to them to force the issue.

 

thanks in anticipation

 

flembo

[flembo45]

Hi CitizenB,

 

after well over a week of waiting for a reply, I have received a letter from Reestons Solicitiors refusing to deal with my requests because my letter was unsigned, only my name printed at the end as sig. I thought that as they could only reply to me, that that would be enough. Is there anything i can send to them to force the issue.

 

thanks in anticipation

 

flembo45

[dx100uk]

CPR letter I take it?

 

its just restons being obstructive

 

dx

[flembo45]

that's right, they are stating that they will not deal with my cpr request unless the letter is signed, and they have sent my original letters back to me.

can i send them a letter stating that htere is no legal requirement to sign anything i send, and they must know it is me because they sent back to my registered home address

 

thank you

[dx100uk]

no don't worry

that's their problem to prove the claim.

 

dx

[flembo45]

hi dx,

 

so i dont send anything to them, even though they have given me back my cpr request and not supplied any information to me.

what do i put as defence on mcol, i have already acknowledged, but not done any defence yet as i was waiting for all information

 

flembo45

[dx100uk]

if you go read a few threads in this forum that your claim is in

 

you'll see numerous people that had the same issue

 

you need the holding/no paperwork defence.

 

dx

[flembo45]

thank you very much dx,

 

will keep you informed if things change

 

 

flembo45

[LastViking]

no don't worry

that's their problem to prove the claim.

 

dx

 

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

[flembo45]

Hello everyone,

I have still recieved nothing at all from Reestons or Cabot with my CCA so i will have to post my Holding/no paperwork defence. But on searching CAG I am getting hundreds of results but none that seem to suit me. Do I just pick one of the latest ones and edit it with my particulars. Sorry to seem so stupid, but I am actually getting dizzy reading the posts

 

flembo

[LastViking]

Hi Flembo45 , I am in the same position, trying to decide what it is the appropriate defence when they haven't supplied anything.

[flembo45]

hi last viking,

I am panicking now because I have to file defence by 23rd , but I am having problems seeing screen on laptop without going dizzy

(my eyes are going I think)

[dx100uk]

any of the holding ones will do see andyorchs posts

 

then post it up and andy will check it

 

dx

[flembo45]

hello dx,

 

do i just do a global search for andyorchs or can i view his posts somewhere else

[flembo45]

Hi DX,

 

I have completed my defence, can anyone look it over for me. Much appreciated

 

flembo

 

Defence

 

All details for court papers

 

 

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 Sainsburys but any alleged balance is and remains in dispute for faulty goods/services/ charges

 

 

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 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 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.

 

I think this was Andy's fine work, and it seemed to fit in with mine, I just need to fit in the details for my account?

 

Kind regards

Edited August 25, 2014 by Andyorch
Attachments removed.

[LastViking]

Flembo that seems much better than mine. UM.

[citizenB]

It looks fine to me, flembo. I will ask andyorch to have a peek for you as well

[flembo45]

thanks citizenb,

i have just recieved a letter from cabot in response to my CCA saying they do not have any details on file.

 

flembo

[dx100uk]

hoho watch them run.

 

just a point

 

you cant put links to files in your defence.

 

you have atleast two?

 

dx