Restons Solicitors - Cabot - British Credit Trust

[walmsley7274]

Hi

 

Could I ask advice where to start in drafting my defence?

 

Many Thanks

[AndyOrch]

Have a look at others on similar threads...then have a go at drafting it and we can check it over before you submit.

 

Regards

 

Andy

[walmsley7274]

Hi

 

Just wanting to make sure I am going in the right direction clarity on whether I should mention the arrears and negative equity in the property or save that for a later date and just deal with the matter at hand ?

 

I have got this far :-

 

 

1. It is admitted the Defendant entered into an agreement with British Credit Trust Limited, the original creditor on or around May 2008.

 

2. The debt was for a Hire Purchase Vehicle, namely a Renault.

 

3. The defendant denies that the alleged amount is owed to Cabot Financial (UK) Limited.

 

4. The defendant does not believe that Cabot Financial (UK) Limited can apply for a County Court Judgment based on the following particulars.

 

5. A County Court Judgment is currently in place for this debt, claim number XXX

 

6. This County Court Judgment was granted on the 25th September 2009, in the Great Grimsby County Court, for the Claimant British Credit Trust Limited for this debt. [Appendix 1]

 

7. No payment plan was agreed for this County Court Judgment.

 

8. On the 8th October 2009, British Credit Trust Limited, applied for an interim charging order, on property the Defendant has an interest in. [appendix 2]

 

9. On the 23rd December 2009, a final charging order was placed on the property of XXX . [appendix 3]

 

10. No payment plan was agreed between the Claimants (British Credit Trust Limited) and the defendant.

 

11. There are three parties who have a registered interest in the property, above that of British Credit Trust.

 

12. There are three charges above the listed debt for British Credit Trust on the charges register.

 

13. The Defendant refutes the claimants claim is owed or payable due to a pre-existing claim in place.

 

14. On the original correspondence from the Claimants it listed either Marlin, or Cabot Financial (UK) Limited as the Claimants and the Defendant did not recognise this as a debt owed.

 

15. On receipt of the original correspondence from the Claimants the Defendant requested, on the 3rd October 2014, documentation by way of a Subject Access Request and Consumer Credit Act.

 

16. On the 10th October the Claimant refused to supply documentation and returned all monies in connection with these requests stating, “you will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it”.

 

17. The Claimant, to date, has not provided the requested documentation

 

18. The Defendant is unaware of any legal assignment of this debt and the Claimant has failed to provide strict proof of this.

 

19. The first time the defendant became aware the debt ordinated from British Credit Trust Limited was within the particulars contained within the claim form issued on the 17th October 2014.

 

20. The Defendant purports that had the Claimant provided the requested correspondence, the Defendant would have advised this debt was already governed by the processes described above.

 

21. 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.

 

-----

 

Thank you for getting me this far !

[AndyOrch]

I personally would start with 5/6/8/9 walmsley7274 ...there really is no need to divulge anything further.......you cant be sued twice for the same debt.

 

Regards

 

Andy

[panther12]

Typical Rectums behaviour, you can tell when they're desperate when they come out with their usual excuse about not complying with requests because the letter is not signed by hand. I agree with above, at this stage you only need to address the points contained in their vague particulars and if they're stupid enough to carry on once they realise judgment is already in place for this debt you can then expand more and include the exhibits when the time comes to exchange witness statements.

[walmsley7274]

Hi both

 

Thank you for the advice, I have just submitted my defence and gone with your advice.

 

Am I correct is assuming I will hear something very quickly?

 

Many Thanks again

[AndyOrch]

28 days to respond walmsley......if they fail to respond the matter is stayed.....you should receive an acknowledgement from the court in the meantime.

 

Andy

[panther12]

Yeah you'll get a letter from court acknowledging your defence has been served to other side

and if they don't respond in 28 days it will be stayed.

 

 

If you don't hear anything check with the court if it's stayed due to lack of reply to your defence.

 

 

Stayed may be good for some people with shaky defences but in your case I wouldn't let it remain in limbo hanging over you.

 

 

If stayed I'd write to Rectums asking what their intentions are as if they don't either proceed or discontinue the claim

you will apply to lift the stay with a hearing for summary judgment + costs.

 

 

It's usually them who threaten to lift the stay & SJ so if you're lucky they might do it for you

and you save the application fee of doing it yourself.

[walmsley7274]

Good Evening all

 

I have had a response directly from Restons Solicitors which states

 

"We acknowledge receipt of your Defence, in which you state that a charging order has already been registered against your property for this debt. We ask if you can kindly provide ourselves, within the next 14 days, with evidence of the previous legal proceedings"

 

I have the evidence which isn't a problem to give to them, is it normal to provide it directly to them now? Or should it done via court? I don't have enough experience of these people to understand what they are doing.

 

It does annoy me that I initially asked for information and they refused to give it to me, but now want me to hand over everything they ask for.

 

I'll await for any direction you can give me.

 

Many Thanks

[havinastella]

Good Evening all

 

I have had a response directly from Restons Solicitors which states

 

"We acknowledge receipt of your Defence, in which you state that a charging order has already been registered against your property for this debt. We ask if you can kindly provide ourselves, within the next 14 days, with evidence of the previous legal proceedings"

 

I have the evidence which isn't a problem to give to them, is it normal to provide it directly to them now? Or should it done via court? I don't have enough experience of these people to understand what they are doing.

 

It does annoy me that I initially asked for information and they refused to give it to me, but now want me to hand over everything they ask for.

 

I'll await for any direction you can give me.

 

Many Thanks

 

I'm not sure if you can obstruct them and I'm also not sure if you have to give them any info. But I know a man that does

 

Wait for Andy to reply, if anyone can make them squirm, he can

[AndyOrch]

"We acknowledge receipt of your Defence, in which you state that a charging order has already been registered against your property for this debt. We ask if you can kindly provide ourselves, within the next 14 days, with evidence of the previous legal proceedings"

 

 

5. A County Court Judgment is currently in place for this debt, claim number XXX

 

6. This County Court Judgment was granted on the 25th September 2009, in the Great Grimsby County Court, for the Claimant British Credit Trust Limited for this debt. [Appendix 1]

 

7. No payment plan was agreed for this County Court Judgment.

 

8. On the 8th October 2009, British Credit Trust Limited, applied for an interim charging order, on property the Defendant has an interest in. [appendix 2]

 

9. On the 23rd December 2009, a final charging order was placed on the property of XXX . [appendix 3]

 

Have they not already had copies of the appendix walmsley ?

 

Regards

 

Andy