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Cabot/Restons - ClaimForm LLoyds Credit Card 'debt'


Tonster
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  • 2 weeks later...

they have 28 days from service of yr defence to notify the court whether they will be continuing or not.

 

 

if they dont notify the court either way (or there are no applications in the meantime), the court will auto stay the claim.

 

with nothing in response to a s78 cca request, they cant enforce anyway.

IMO

:-):rant:

 

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Surname left on first letter...uploads unapproved.

 

Andy

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you also need to redact the two barcodes in the cabot letter

 

 

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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File them away Tonster...irrelevant.

We could do with some help from you.

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  • 1 month later...

Quick update :

 

 

Letter from Cabot saying they can't at the moment complete my s78 request and as a result they cannot enforce it but I should still pay them and they are working on it.

 

 

Rang Northampton court today and they confirmed that the case is now stayed as Reston's haven't come back within the 28 days from submitting my defence.

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Looking good then Tonster.:wink:

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I assume your written response is ready to post :lol:

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  • 2 months later...

Hi Andy

 

Latest letter received from Restons.

 

I guess eventually they will get the agreement from Lloyds (I have a copy but from some years ago,

it took Lloyds about 12 months to retrieve it back then)

 

 

but really want to avoid a CCJ so am thinking of offering a f&f (15%) if they agree to it

and then I can avoid a CCJ if I get in writing from them that following payment they will inform the court that the claim is settled?

 

I've included the agreement I got some years ago from Lloyds (who knows if it still exists)

and it looks compliant so if they can eventually find it I could lose and get a CCJ?

 

One other question,

 

 

if the DJ says they need the original agreement in court,

do they need the actual original agreement or does a photocopy of it usually suffice?

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what you have from years ago is immaterial

 

 

they must comply with your new CCA request.

 

 

until/unless they do that the claim is stayed.

and remains until they pay to unstay it

 

 

nothing for you to do at all.

go read a few threads here

 

 

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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I've read loads of threads dx and been through this with several different creditors over the years

and I know there is nothing I have to do at this stage

 

 

but also I don't want to sit here blindly waiting for them to eventually find what I already have (this is more than possible)

and then they lift the stay and I could end up with a CCJ for nearly £12K.

 

 

Hence my question re getting a settlement before it gets that far.

 

The agreement looks compliant to me so then I could be up against it in court.

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IFIF IF it ever got that far you could tomlin this and still avoid the CCJ.

 

 

don't keep getting scared

hold your nerve you are on top at present.

 

 

the claim is stayed.

 

 

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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Hi Tonster...

 

Sit tight and wait........lets see what they can disclose before you make any knee jerk decisions......they wont proceed to DQ until they are satisfied what they may/ if cobble together which you will have sight of with plenty of time to think about mediation.

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 2 months later...

please give us something before we have to p'haps discontinue the claim

 

 

its stayed so its silly arm waving.

 

 

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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  • 5 months later...

removed

please redact things properly

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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