Cabot/Restons Claimform - 2002 Aqua card ***Claim Discontinued***

[suefree]

Thank you Andy, very much. Im not very computer savvy as you can see, but will have a read up on how to do that.

 

Many Thanks.

[suefree]

Hi All

 

Just a quick update on where I am.

 

So got Letter back form Solicitors saying they dont have to provide me with blah blah blah!

 

Im looking up lots of threads on here to prepare my defense, and it looks daunting!! My request from Cabot has not yet come back and the 12+2 days is not until next Monday, so I have a bit of time left to put something together, I have to file something by 23rd August.

 

If I think the debt is Statue Barred and Cabot don't send the paperwork can my defense be on both?

Andy I have noticed you have written some great defenses so I'm hoping to use something you have written for others if that is ok with you.

 

I have been all through what little paperwork I didn't lose in the flood and I was def paying off at £12 per month in 2005-2006 but cant find anything after that.

 

I phoned Experian yesterday as its been over seven days now and they haven't sent me my passscode to access my credit report online, even though the payment has gone through, they said it is on its way. For some reason Noddle does not work at all for me.

 

Just out of curiosity I had a look at MCOL yesterday and Ive noticed that it says “A bar has been put in place on this claim. You cannot respond to the claim at this time”

I presume this opens up nearer the time for me to defend??

 

Thanks everyone for your continued help.

[AndyOrch]

"Just out of curiosity I had a look at MCOL yesterday and Ive noticed that it says “A bar has been put in place on this claim. You cannot respond to the claim at this time”

I presume this opens up nearer the time for me to defend?? "

 

 

 

See post#31 onwards sue

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?430121-MKDP-Barclaycard-old-1996-goldfish-card-claim-form-received/page2

 

Regards

 

Andy

[suefree]

Thanks Andy, think I will ring the court on Monday and ask them to lift it so I can file my defence.

 

I've had a reply from Cabot saying they don't have my CCA on file and that they have to request it from the original lender. They say they anticipate this will take up to 40 days!!

 

I've checked my credit file and there are no defaults for this aqua card under open or closed accounts, however and this is a funny one, under closed accounts there is one for aqua card supposedly opened in 2008 and settled In 2011 with no defaults!! I've never had another credit card with Aqua! But that one says settled with no payments ever made and no credit ever spent on it?

 

Where do I go from here? Shall I go ahead and file under statue barred and no CCA from cabot?

 

Do you happen to know if there are any defences on here like that you may have already been written that I can copy.

 

Many Thanks

[dx100uk]

you shouldn't use 'both'

 

either it IS SB'd

or

if you are not sure then use the no paperwork/holding defence.

[suefree]

Cheers dx100uk thank you

 

Looking at my credit file,

I think when they sold the original debt, for whatever reason

instead of it going into default it went into settled,

 

I do remember once having statements from aqua saying my balance was 0

but my limit was dropped from 1200 to 300.

 

I think this is the card details that are shown on my credit file,

but as I had cut the card up, I never used it again,

 

so I'm going to go with statue barred as defence as I believe this was in 2007.

 

Im presuming they will be quick enough to come back and let me know if it's not.

[dx100uk]

did you not simply ring Halifax and ask when you last payment was?

 

 

if not do it Monday

[suefree]

Hi there,

Not had the best news today,

 

I phoned Aqua card services last week as advised and

 

at first they said no they had no information but needed to speak to a supervisor and could I try again today.

 

I did and it appears I paid £7.50 on the 10th December 2008

so there goes my statued Barred by 5 months!

I do remember them accepting reduced payments.

 

I also phoned the court about the bar placed on my claim &

they said it's an error on their system which had been happening from the beginning of the month.

 

She gave me a couple of options, if I wanted to submit right away she would lift the bar,

or I could send by email once I had my defence ready.

 

Do I have a strong enough case for the withholding paperwork from cabot? Even though they said they will eventually send it in 40 days.

 

One other thing according to Aqua my balance outstanding is £1,115.07 & cabot are claiming £1327.66 + court and solicitors costs.

 

Any further help would be great,

 

I don't think there is anything else I can chase now.

[dx100uk]

you need to file the holding/no paperwork defence by midnight sat.

plenty of threads here containing examples

and you have all week.

 

dx

[suefree]

Thanks dx I shall go though tonight and try and find one, if you would look it over for me once I put together I would be very grateful.

[dx100uk]

that will be for andyorch not me to do

 

but yes post it up

 

but don't file till sat

 

dx

[suefree]

Hi guys

 

I have gone through loads of threads and I think I have found the correct one for the holding paperwork as written by Andy for another poster.

 

As I dont have many Paragraphs in my claim, I have edited where I think I need to but really would be grateful Andy if you could check it over. I have to file by Saturday but look after my poorly mum on the weekend with very little internet time, so I really need to file Friday.

 

Claim

1.The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and Bank Of Scotland (Aqua Card) dated on or about 02/07/2002.

 

2. and assigned to the Claimant on 15/03/2010 in the sum of 1327.66

 

Particulars a,c no xxxxxxxxxxxxxxx

date item value

30/06/2014 Default Balance 1327.66

post refrl cr nil

total 1327.66

 

 

Defence

 

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.

 

1. Paragraph 1 is accepted I have in the past had agreements with Bank Of Scotland for credit card services.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to issue any Notice of Sums in Arrears since the alleged assignment. Failed to provide any evidence of agreement/contract/breach as requested by CPR 31. 14 and a Section 78 request and has declined to respond.

 

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.

 

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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 4th August 2014 I made a legal request by way of a section 77/78 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. 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.

 

 

Any help and thoughts on this would be much appriciated.

Edited August 20, 2014 by suefree
Particulars numbered.

[AndyOrch]

I have numbered and paragraphed their particulars sue...now look at their point 2 and your point 2

[suefree]

Andy - I think I need to change where I had a paragraph 2 to paragraph 1 and nothing needed as a paragraph 2, hope thats correct.

 

Thank you so much for helping.

[AndyOrch]

Particulars of Claim

 

1.The claimant claims payment of the overdue balance from the Defendant under a contract between the defendant and Bank of Scotland (Aqua Card) dated on or about 02/07/2002.

 

2. and assigned to the Claimant on 15/03/2010 in the sum of 1327.66

 

Particulars a,c no xxxxxxxxxxxxxxx

date item value

30/06/2014 Default Balance 1327.66

post refrl cr nil

total 1327.66

 

 

Defence

 

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.

 

1. Paragraph 1 is accepted I have in the past had agreements with Bank of Scotland for credit card services.

 

2 Paragraph 2 is denied I have no recollection of ever receiving a Notice of Assignment over 4 years ago nor ever been approached with regards to any alleged debt.The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

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 evidence of service of Notice of Sums in Arrears

(d) 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. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 4th August 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.I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim,the Claimant has failed to respond

 

6. 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.

[suefree]

Thanks Andy, your so helpful, now you put that in, its makes sense, I think I was concentrating too hard on other defences and not personlising my own correctly.

 

Many thanks to you, dx and ford, for helping me throughout this. I shall get this filed on Friday and let you know how things go. I shall also be making a donation, thank you. Sue

[AndyOrch]

Your very welcome...many thanks for the donation helps us to help others.

 

Regards

 

Andy

[suefree]

Hi Guys

Quick update.

 

Today I received a letter from Cabot saying the following:

 

Unfortunately Cabot has not been able to provide you with the requested inofrmation within the relevant time period.

We shall continue to request the information from the original lender to asst you with your request. In the meantime we would like to inform you that your account shall remain on hold with the Customer Care Department until such time we can comply with your request.

 

Your credit agreement is currently unenforceable which means we are not permitted to obtain a judgement or decree against you in Court. However you are still obliged to pay the outstanding balance as confirmed in this letter....

 

and then goes on to say ring customer care to set up a payment plan.

 

Anything I need to do right now, or still just sit tight, I havent heard anything at all from Restons!

 

As always many thanks for any input, cheers

[AndyOrch]

Lets hope they are not waiting on your phone call:lol:...ignore Sue...you dont do anything until the court notifies you claimant wishes to proceed.

 

Regards

 

Andy

[suefree]

Ha!! Your right there Andy, Im in no hurry to phone them:lol:

 

Cheers for the advice once again, I shall update here should I hear anything else. Thanks very much:-)

[suefree]

Hi all

 

Had another letter today 10 days after Cabot said that they have been unable to get the Credit Agreement, this time from Restons,

 

 

quite a long letter pretty much telling me that the defence I submitted is one that they get in a format widely used circulating

from the internet and then going on to "pooh poohing" each of my defence points one at a time.

 

telling me that although I put strict proof to certain aspects,

they would point out that I have not entered into an agreement with the Claimant,

nor do the particulars of the claim allege I have,

but the original credit agreement between me and the BOS states they were entitled to transfer their rights

and benifits to a third party which they have done.

 

It then goes on about the amount claimed that I should know this from past statements etc etc.

 

That they did respond to my cpr31.14 on the 07th August, they did but not with any of the information I asked for.

 

It ends by saying in their view my defence has no prospect of sucess and they will recommend to the client

that an application be made to strike out the defence/for summary judgment a

nd also seek an order that I pay the clients legal costs on a contractual (imdemnity)

basis...I dont know what that means to be honest?!

Should I wish to avoid this then they want me to withdraw my defence by completeing form n9a

and returning it to them,

 

 

OR alternatively if I wish to proceed to resolve the matter amicably without further court intervention

to put forward a settlement proposol within the next 14 days!!

 

They have also included a couple of copies of letters they say I was sent about notice of change,

and others chasing the debt, all of them from the month of June.

 

Any thoughts?

[dx100uk]

prob the same as post 28 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429567-Reestons-Cabot-Sainsburys-Claim-form-received(3-Viewing)-nbsp&p=4620666#post4620666

 

 

usual rubbish!

[suefree]

Ahh Your right dx, it is almost identical. So I guess I just hang on in there until Cabot can produce the doucumentation they say they need to be able to proceed for a judgement?

 

Im thinking this may be Restons way of trying to scare me into makiing a proposol of some sort?!

[suefree]

Hi all

 

Happy new year!

 

Not sure why, but today after all this time, I have had a letter from Restons saying the following:

 

Dear Madam, we write in respect of the above matter ( they quote cabots v me)

We can confirm that in light of your CCA request, the necessary documents have been requested from our Client and we will endeavour to provide them to you as soon as we are in receipt of the same.

 

This is 3 months after recieving the letter from Cabots saying they were unable to get the documents so couldn't proceed with judgement.

 

Any ideas why I have recieved this?

[AndyOrch]

You have made a legal request they must respond/or try to comply...lets see if they can comply