Cabot/Restons - Claimform Hitachi Nova 'debt'

[sukuzigirl]

Hi All,

 

I've received paperwork for a county court claim dated 9 Oct 14.

 

Claimant: Cabot

 

Address for sending documents and payments: Restons Solicitors

 

Particulars:

 

 

The claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant

and Hitachi Nova dated on or about 31/04/06 and assigned to the claimant on 30/09/2009 in the sum of £417.86.

 

I have absolutely no idea what this is for.

 

 

Cabot sent a couple of standard threat letters in the past

I refused to engage with them as I'm familiar with all the Cabot horror stories.

 

 

On receiving this court paperwork I've looked even more closely at all of my records

and have also had my bank on the phone for almost an hour going back over my finances

& there is no record whatsoever of any dealings with 'Hitachi Nova'.

 

Absolutely stumped here.

 

 

I'm sure I'd remember if I'd taken out credit as it's not something I do very often

plus I'd be able to pay off £400 if I did owe someone that.

None of it adds up at all.

 

 

Also, on top of the mystery creditor there's the question of dates.

They haven't provided a date for the alleged default

& as my records show absolutely no payments going to this company within the last 6 years

(the time my bank keeps records for) isn't this statute barred?

 

 

Are they just chancing it here & hoping I won't respond so they can send in the bailiffs?

Surely no company would stoop that low?

 

Thanks in advance,

Suki

[ScarletPimpernel]

Surely no company would stoop that low?

 

Thanks in advance,

Suki

 

 

 

...unless, of course, they are a debt purchaser or debt collection agency, in which case it is almost de rigeur.

 

Anyway, they have issued a claim, and so you will have to deal with it. It sounds as if a statute barred defence will meet the case, but no doubt others more knowledgeable than I when it comes to court cases will advise further.

[citizenB]

Righto, well if you have absolutely no idea what this is about, then there is little point in asking you to complete our questionnaire.

 

And as ScarletPimpernel has pointed out, from the dates that have been provided, it is almost certain this is statute barred.

 

You can

 

a:) either acknowledge the claim giving yourself a further 14 days in which to ask them for information (which you are unlikely to obtain at this stage)

 

or

 

b:) Submit a statute barred defence immediately and let Cabot provide proof that you are the person they are looking for.

 

If you are going to acknowledge the claim then your timeline is as follows:-

 

Date of issue = 9 October 2014 + 5 days for service = 13 October 2014 + 14 days to acknowledge = 27 October 2014 + 14 days to submit defence - 10 October 2014.

 

or submit the defence below as is..

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Meanwhile, I will ask one of the site team who looks after this forum to look in on you

[citizenB]

You could as a matter of interest send a CCA request to Cabot. You will need to send £1.00 (in the form of a postal order is best) - send by Recorded delivery.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

[sukuzigirl]

Thank you very much ScarletPimpernel & CitizenB. I've just been having a read through some of the other threads & see the answer to my previous question of 'Surely no company would stoop that low?' is pretty obvious. I'm genuinely shocked.

[citizenB]

Thank you very much ScarletPimpernel & CitizenB. I've just been having a read through some of the other threads & see the answer to my previous question of 'Surely no company would stoop that low?' is pretty obvious. I'm genuinely shocked.

 

I was shocked as well a few years ago. Sadly nothing these companies do shock me now

[sukuzigirl]

I must admit I am curious to see what they have on file (if anything),

 

 

but if at all possible I'd like to avoid engaging with them.

 

 

I'm chronically time-poor at the moment,

 

 

if they persist much longer with this matter they'll cost me more in lost client time than the debt is worth.

[citizenB]

In which case, simply submit the SB defence I posted earlier for you.

 

You have no knowledge of the debt claimed - your own records show that you have not made any payments to either Cabot or Hitachi Nova, certainly in the last 6 years ..

 

If they were to unearth something that says you did and you have made payments to it, then if you can afford to, simply pay the sum they are asking for. That way there would be no CCJ recorded.

[citizenB]

Does this ring any bells ? Even if it does I think perhaps the debt is still statute barred.

 

Hitachi Nova provide credit for other companies...say you bought a laptop through a major retailer (currys etc)

[Amathaine]

Hi, exactly the same thing has happened to me - Restons/Cabot and I have no idea what this is about. Do I need to start a separate thread?

[ScarletPimpernel]

Hi, exactly the same thing has happened to me - Restons/Cabot and I have no idea what this is about. Do I need to start a separate thread?

 

Yes please. It will be helpful if you could provide the details requested in the 'I've recieved a claim' sticky - you can cut and paste the original and then add your answers.

[sukuzigirl]

Well, I'd better throw in the towel & get my cheque book out I suppose.

 

 

Sent in my defenCe,

received confirmation from the court that it had been sent to the claimant & they awaited their response.

 

 

I have today received a letter from Restons solicitors telling me that they have submitted their evidence to the court

& that evidence is:

 

 

'we can confirm that Hitachi Nova is a company which provides finance for goods'.

 

 

How on earth can I compete with that utterly conclusive proof?

 

 

I'd better just fill in the form they've sent me & pay-up,

after all,

they so eloquently inform me that if I do not they will impose further charges

WHEN they win the case so it's in my best interests.

 

 

Yet again, words fail me.

[ScarletPimpernel]

Standard stuff from Restons. What did you put in your defence in the end?

[sukuzigirl]

Statute barred & creditor unknown.

 

 

I'm tipping they've sent nothing whatsoever to the court & I'll receive a notification from the court that the claim has been withdrawn.

 

 

This smells like a last attempt to put the frighteners on me & try to secure payment for this

 

 

for whatever it is & whomever it belongs to.

 

 

I'm still certain it can't be mine.

[SabreSheep]

They have not submitted ANY evidence to the court!

[SabreSheep]

OK after receiving your defense the court will ask them if they wish to continue

 

THEN

 

The COURT will isse a directions Questionnaire

 

THEN the Court will Demand Mediation

 

THEN the Court will Demand information and evidence which must be served on BOTH PARTIES

 

Sounds like they are pulling a fast one.

 

Stand your ground

[sukuzigirl]

I hope they realise that they'll have a fight on their hands & just walk away. It miffs me enormously that this could continue to take up more of my time.

 

I'll most certainly be standing my ground. This is no different to a playground bully demanding dinner money.

[sukuzigirl]

Just had a closer look at the form Restons have sent me &

 

 

it's a court form N9A (form of admission).

 

 

Their obvious & utter desperation that I should bypass the court completely

 

 

just confirms my suspicions that they have submitted nothing whatsoever to the court

 

 

because they don't have anything to submit.

[dx100uk]

yp hoping you'll give in and pay 'something'

 

 

on a speculative claim.

hoping for a default judgement.

 

 

so where are things now?

[sukuzigirl]

Still in limbo unfortunately. Heard nothing from the court or Restons.

[sukuzigirl]

Phoned the court yesterday to be told that the claimant had submitted nothing & therefore a stay was in place. It seems very unfair that this can remain on the boiler when the claimant can submit no evidence whatsoever substantiating their allegations.

 

I've got a bit of quiet time after Christmas so I'm contemplating a small counter claim for the time I've wasted. The only time & expense I can prove is a 35 minute phone call to the bank (my time plus the call costs) but it's something & I'd just like to be a pain in their a*se.

[AndyOrch]

"I've got a bit of quiet time after Christmas so I'm contemplating a small counter claim for the time I've wasted. The only time & expense I can prove is a 35 minute phone call to the bank (my time plus the call costs) but it's something & I'd just like to be a pain in their a*se."

 

I wouldn't contemplate that....you would have to ask the court permission submitting a counter claim after you have submitted your defence.......which carries fee £155 and then your counter claim fee...rather pointless.

 

Andy