Claim form Cabot- old cat 'debt'***Claim Discontinued***

[AndyOrch]

Not particularly its all part of the litigation game....most would fall for it...you have the benefit of CAG to guide you.

[OldDebt_Weary]

I am indeed eternally grateful to you and to CAG! Over the years, you have come to my aid during some dark times and I shall never forget that.

[BRIGADIER2JCS]

I am indeed eternally grateful to you and to CAG! Over the years, you have come to my aid during some dark times and I shall never forget that.

Might be worth reporting the "solicitor" to the Solicitors Regulation Authority.

[OldDebt_Weary]

Might be worth reporting the "solicitor" to the Solicitors Regulation Authority.

 

 

 

Looking through other threads, I see that this particular outfit (Restons) make a living from this sort of thing, and will doubtless continue trying to trick people. You'd think they had more important things to do with their time.

[BRIGADIER2JCS]

Looking through other threads, I see that this particular outfit (Restons) make a living from this sort of thing, and will doubtless continue trying to trick people. You'd think they had more important things to do with their time.

Well known for this conduct as you can see, but if no one reports it or makes a complaint it will never stop.

[OldDebt_Weary]

Well known for this conduct as you can see, but if no one reports it or makes a complaint it will never stop.

 

 

Quite so. The SRA provide a document you can complete and even email it to them. It's hard to know exactly what to say, but I think I would explain the case, include all relevant documentation, and then leave it to them to decide if this outfit has acted improperly or even illegally.

[BRIGADIER2JCS]

Quite so. The SRA provide a document you can complete and even email it to them. It's hard to know exactly what to say, but I think I would explain the case, include all relevant documentation, and then leave it to them to decide if this outfit has acted improperly or even illegally.

Indeed so, it's the best way to go I think.

[OldDebt_Weary]

Indeed so, it's the best way to go I think.

 

 

Here is the text of the report I have drafted for the SRA which I shall email to them. I would welcome any comment you may have, or indeed from anyone else, thanks. I have also attached a copy of the original letter.

"My complaint concerns the actions of the above firm of Solicitors in respect of a Claim made by them on behalf of the Claimant, Cabot Financial (UK) Ltd., dated 5th August,2014. A copy of this Claim is included with this document:

On receipt of this Claim, I prepared a Defence, which was duly entered on 5th September, 2014, the text of which follows:

"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 held accounts with Simply Be however I am unaware of any outstanding balances as alleged and it is therefore denied until such time the claimant can clarify and comply with my request under section 78 of CCA1974.

2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 & 196 has been served upon him by the Claimant as alleged or at all.

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 13th 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.

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."

Prior to that, on 13th August, 2014, I wrote to the Claimant requesting a true copy of the Agreement, pursuent to the Consumer Credit Act 1974, S.77/78. The Claimant replied on 19th August, 2014, stating that they did not have this document but would request this from the original creditor, Simply Be.

A further letter was received from the Claimant on 24th September, 2014, stating that they were unable to provide the information that I requested. The letter also stated the following:

"Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court."

 

On 18th October, 2014, I received a letter from the Solicitors who are the subject of my complaint, dated 14th October, 2014. commenting on my Defence in this case. I have enclosed a copy of this letter, which was unfortunately damaged in transit by Royal Mail, but the text of the letter in intact.

The letter has taken the elements of my Defence and made various comments, some of which appear to be invalid, specifically:

Paragraph 3 - This should relate to my request for proof that the Claimant was entitled to make the Claim and that this proof shows that the Claimant has a valid Notice Of Assignment from the original creditor,Simply Be. The letter from Restons refers to the Claimant hiring the services of Marlin Financial Services to pursue the alleged debt. This has nothing to do with the alleged original debt assignment made between Simply Be and the Claimant. This paragraph is therfore invalid.

Paragraph 4 makes no sense as along with any Assignment, there are also obligations under the Consumer Credit Act 1974, to provide proof of any agreement. The Claimant had already written to me as mentioned above that no such agreement had been obtained by them.

 

Paragraph 6 then again tries to counter my Defence on the question of Notice of Assignment including the sentence "...so we see no reason why you would not believe that the Claimant is the legal creditor and owner of thr account and hence the correct party to bring these proceedings against you". Again, this "legal creditor" was unable to furnish proof of any agreement so I had every right to disbelieve.

 

The following paragraph claims that in their view, my defence had *no prospect of success" and that they recommend my Defence be struck out. It goes on to "invite" me to withdraw my Defence, based on the contents of their letter.

Given the poorly constructed and ill-considered content of this letter, I see it as being no more than an attempt to intimidate me into withdrawing my Defence, which I have no intention of doing. As such, I contend that, at best, this represents unprofessional practice on the part of Restons Solicitors. I think that many people would indeed feel threatened by such a letter and would go along with the "invitation".

Again based on this letter's contents, I can see no relevant grounds on which to have my Defence struck out, so I consider this an empty threat and not something a professional solicitor would issue.

That aside, the letter was written outside of the 28 day period which the Client had in which to respond to my Defence.

It appears from my research that this solicitor uses this content of letter approach regularly with Defendants in such cases in the hope of obtaining default Judgements when Defendents ARE intimidated.

 

I will leave this matter with you in the hope that you may be able to do something about this dubious behaviour by Restons"

[Ganymede]

I understand how you feel but we operate an adversarial legal system and don't see anything complaint worthy with their letter and comments on your Defence.

 

It's all a moot point anyway as Defendant's can't complain to the SRA about the Claimant's solicitor.

[OldDebt_Weary]

I understand how you feel but we operate an adversarial legal system and don't see anything complaint worthy with their letter and comments on your Defence.

 

It's all a moot point anyway as Defendant's can't complain to the SRA about the Claimant's solicitor.

 

 

 

I did this on advice from the Brigadier. If Defendants cannot complain, why does the form give provision for naming a solicitor acting for someone else?

[Ganymede]

By all means complain, I'm just trying to manage your expectations on the likely outcome.

[ScarletPimpernel]

I'm with Ganymede. The SRA will send you a polite reply pointing out that they don't deal with complaints other than from the solicitor's clients.

[OldDebt_Weary]

Thanks guys, I guess I have nothing to lose.

[sukuzigirl]

Posted in error, sorry.

Edited October 20, 2014 by sukuzigirl
Posted in error

[OldDebt_Weary]

Finally, after all this time, I have had a letter from Restons Solicitors telling me that " the claim has now become stayed in view of the Consumer Credit Act request made by yourself. We shall endeavour to contact you in due course(!)". So I guess this is finally at an end and is worthy of being added to the list of successful challenges.

 

 

I am totally grateful to everyone here who helped me with this and indeed encouraged me to fight it when I was ready to cave in to it. Thank you all!

 

 

ODW

[AndyOrch]

Sounds promising ODW but we have 100,s of stayed claims...unless its struck out or discontinued or settled,we wont amend the thread title or move your thread to the Success Forum...update if you get a Notice of Discontinuance...but in the meantime well done and put this to the back of your mind.

 

Regards

 

Andy

[OldDebt_Weary]

I have this week received a letter from the other firm of solicitors involved in this case (Mortimers) to tell me that their claim has been discontinued. So hurrah for that.

 

 

Once again, I must express my great thanks to everyone here who helped me with this. Long may CAG continue!

 

 

ODW

[AndyOrch]

Excellent OldDebt...delighted for you.

 

Thread title amended to reflect the outcome.

 

Well done.

 

Andy

[OldDebt_Weary]

Thanks Andy!

[dx100uk]

great work everyone

 

 

dx

 

 

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