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Claim Form Cabot/Restons - MBNA Card 'debt'***Claim Discontinued***


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Hi all just received a xmas present from Cabot and Restons solictors - a ccj claim form.

 

 

I took out a credit card in 2001 and defaulted on it in 2004. I have been receiving letters from Cabot since then really and I got to the point where I just ignored them as I had no means to pay them back.

 

 

I did make an agreement with them in 2006 to make payments towards the debt however I stopped in 2008 as I could not afford it any longer and since that date I received letter after letter demanding full payment. I asked for proof of the CCA around 2009 which they finally provided after a few months but I am unsure if it is upto the required standards?

 

 

After they provided the CCA I thought I need to make them an offer which I did around May 2009 and they declined the offer. It is getting close to the statute barred deadline no so that is why they are going for the ccj.

 

 

I have so far acknowledged the claim online but as of yet not submitted a defence and I have not yet sent the CPR 31.14 letter as I am unsure what I need to put in the letter.

 

 

I am just wanting to know if I have any chance of defending this case?

 

 

If not I do not have means to make any payments to them as I have no disposable income. If I cannot defend this them I would like to settle this without going to a ccj however I do not have any cash to do this. I could however borrow some money from family to make a full and final settlement offer to stop the ccj if this was possible?

 

 

They did contact me by letter in November stating that a f&f settlement figure could be arranged making a considerable saving.

 

 

Please find below details of my claim form below and I would very much appreciate any help.

 

 

Name of the Claimant ? – Cabot Financial / Restons Solicitors

 

Date of issue – 17 Dec 2014

 

Date of issue 17.12.2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 04.01.2014 + 14 days to submit defence = 18.01.201 (33 days in total) -

 

What is the claim for – the reason they have issued the claim? Particulars of claim state -

The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Mbna dated on or about May 18 2001 and assigned to the claimant on Dec 20 2004 in the sum of 4554.57

Paticulars a/c no xxxxxxxxxxxxxxxx

Date Item VALUE

28/11/2014 Default balance 4554.57

Post Refrl Cr NIL

TOTAL 4554.57

 

What is the value of the claim? - £4554.57

 

Is the claim for a current or credit/loan account or mobile phone account? – Credit Card

 

When did you enter into the original agreement before or after 2007? – Before 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. – Assigned to Cabot/Restons Solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? – I was aware it had been assigned but did not receive a notice however they have supplied a representation of the letter stating the notice of assignment.

 

Did you receive a Default Notice from the original creditor? – Not sure it would have been around 2004

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? – I received a notice of arreas letter from Cabot in November 2014 and have received numerous letters from them over the years, not sure if they were Notice of default sums though.

 

Why did you cease payments? – I lost my job and had no ppi so could not afford payments.

 

What was the date of your last payment? – I made an agreement with Cabot to make payments towards the debt however the last payment made was January 2008

 

Was there a dispute with the original creditor that remains unresolved? - No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementwAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAACH5BAEAAAIALAAAAAASAAoAAAg2AAUIHEiwoMGDCAUGWBiAIMOGDiMKgKhwIMSHGC9WbEjR4sSPIDM+rEiSZMeOExk6VJmwpcCAADs= plan? - No

Thanks in advance

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ack the claim on MCOL

 

 

get a CCA request off to cabot

and a DPR 31:14 off to the sols

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ack the claim on MCOL

 

 

get a CCA request off to cabot

and a DPR 31:14 off to the sols

 

dx

 

 

Hi dx, many thanks for the quick reply

 

 

I have acknowledged the claim on mcol and

I did send off a CCA request on Saturday

however they have provided me with the documents previously in 2009.

 

I sent it off again on the off chance they have no longer got them.

 

I also sent off a statute barred letter to them on Saturday as my last payment to them was in January 2008,

however I think I made them an offer around May 2009 for a full and final settlement

that they rejected so if that was the case then I don't believe it would be statute barred.

Would they need to prove that I made the offer i.e have my letter?

 

I am unsure what to put in the CPR 31.14 letter as on the template letter is says

to ask for documents that have been mentioned in the particulars of claim

however the particulars of claim only state

 

The claimant claims payment of the overdue balance due from the defendant(s)

under a contract between the defendant(s) and MBNAlink3.gif dated on or about May 18 2001

and assigned to the claimant on Dec 20 2004 in the sum of 4554.57

Paticulars a/c no xxxxxxxxxxxxxxxx

Date Item VALUE

28/11/2014 Default balance 4554.57

Post Refrl Cr NIL

TOTAL 4554.57

What do I need to ask for from the below?

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

Thanks in advance

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Have you acknowledged the debt in writing since the last payment?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you remember what the letter said.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you remember what the letter said.

 

 

Hi there, yes I have found a copy of it

 

 

Dear Sir/Madam

 

Account Number: xxxxxxxxxxxxxxxx

Ref Number: xxxxxxxx

 

I write with reference to the money which you are claming on the above account.

 

I can confirm that I am unable to offer to pay the money which I owe in full. However, I can raise £500 and I want to offer this as an ex−gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

 

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 4 weeks of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your reply.

 

Yours faithfully

xxxxxxxxxxxxx

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doesn't matter what you putin the 31:14

restons will ignore it

 

 

go read a few reston cases here or in

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no good sending that sb letter to them

should form your defence IF its SB's

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

poss but let them argue that point.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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who says the CCA is enforceable anyway?

cant see an old thread

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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who says the CCA is enforceable anyway?

cant see an old thread

 

 

dx

 

 

Hi dx, thanks again for the quick response. I can upload the CCA documents I received in 2009 if that would help?

 

 

I have no idea if it is enforceable or not, so someone with a trained eye might be better off looking at it.

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wait for the present CCA return

 

 

can you upload what you have so we can guess

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

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- Set your default scan page size to A4 less than 300 DPI (150 will do)

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx I will send you what they sent me.

 

 

The first lot is the application form which is 6 pages

 

 

I also have a couple of assignment letter's that I could upload if they are of any use?

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Hi can anyone tell if the attachments look enforceable.

 

I also have assignment notices that I can upload if they are of any use.

 

Although I have received numerous letters from cabot in the past I have never had a claim form before from them and I am really unsure as what to do.

 

I am wondering if I can defend this by it being statute barred or unenforceable, if not I could make them an offer for full and final settlement by borrowing from family but we could only get together around 20% of the debt and I am unsure if they would accept.

 

I currently have no means to pay back on a monthly basis as I have no disposable income and would really like to avoid a ccj.

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That agreement is illegible and therefore unenforceable pursuant to CCA1974 sec60(1) sec61 and sec65 (1)

 

http://www.legislation.gov.uk/ukpga/1974/39/section/65

 

Regards

 

Andy

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That agreement is illegible and therefore unenforceable pursuant to CCA1974 sec60(1) sec61 and sec65 (1)

 

http://www.legislation.gov.uk/ukpga/1974/39/section/65

 

Regards

 

Andy

 

 

Hi Andy, thank you so much for getting back to me, it does give me some hope that I can defend this.

 

 

The attachments were from a CCA request from 2008 that they got back to me in 2009. I did wonder if something was wrong with the CCA forms when it took them so long to get back to me and also why the didn't take things further after providing them to me in 2009, why have they left it until almost 2015 to go forward?

 

 

So do you think I am best defending this case rather than trying to offer a full & final settlement?

 

 

So far I have acknowledged the claim on the moneyclaim website with an intention to defend, the claim was issued on the 17th December so am I right in thinking I have until the 18th January 2015 to send in my defence?

 

 

I have also sent another CCA request and a CPR 31.14

 

 

If they do not provide a new CCA would my defence be that they have not provided an enforeable CCA and it is statute barred?

 

 

If they do provide a new CCA and it is also illegible would my defence then be that the CCA provided is illegible and therefor unenforceable and it is also statute barred?

 

 

Or should I just defend on what I have already received on the basis that a CCA was provided in 2009 however it is illegible and therefor unenforceable and it is statute barred?

 

 

Thanks again to everyone for your help.

 

 

I have also attached to this email the assignment notices that were provided to me along with the CCA bits in 2009, it says a representation of the letter sent at the top of each one so does this also mean they are unenforceable?

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basically, forget what you got and what happened in 2009

 

 

you wait to see if they provide a CCA return for the court case CCA request you sent recently

a lot can change it 5yrs

 

 

if they don't

I would expect you file the no paperwork/holding defence.

 

 

 

 

unless you can PROVE 100% its SB'd

 

 

you cant mix anything with the SB defence.

if you use that

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

basically, forget what you got and what happened in 2009

 

 

you wait to see if they provide a CCA return for the court case CCA request you sent recently

a lot can change it 5yrs

 

 

if they don't

I would expect you file the no paperwork/holding defence.

 

 

 

 

unless you can PROVE 100% its SB'd

 

 

you cant mix anything with the SB defence.

if you use that

 

 

Hi dx, many thanks for the response.

 

 

I did not know that you couldn't mix them so thanks for that.

 

 

I know 100% that my last payment to them was in January 2008 however I did make a f&f offer in May 2009 so if that resets the clock it would not be statute barred.

 

 

Would they need proof of the letter if I denied sending it?

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see if they respond to the CCA

 

 

then I'd simply file the no paperwork defence if they don't IMHO.

 

 

you can always introduce things if it gets to the WS stage.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

see if they respond to the CCA

 

 

then I'd simply file the no paperwork defence if they don't IMHO.

 

 

you can always introduce things if it gets to the WS stage.

 

 

dx

 

 

Thanks again dx

 

 

So am I right in thinking I have until the 18th January to file my defence if I received the claim form on the 17th December?

 

 

If so how long do I give them to produce the CCA agreement before I file my defence, do I wait until the 18th January or can I do it sooner.

 

 

Also where do I make a donation to this site, I cannot donate alot as I do not have much but I really appreciate the help, I would of not known where to turn without the help on here - thanks so much.

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yes just wait. no rush to do anything bar read reston threads here and in

 

 

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thank you!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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