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Restons/Cabot - Defence rejected, now out of time. Advice please.


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Hi all,

 

My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt.

We decided to defend and entered her defence on the 09/02/14.

 

Unfortunately I was completing the defence form online and signed it in my name as an authorised person

- me thinking she needed to authorise me not the court

- school boy error.

 

 

The defence was rejected and we are now out of time.

 

As yet no judgement has taken place.

 

We had sent the CPR31.14 request, which Restons did not comply with,

and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate

and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed.

 

Does this error really allow the court to dismiss our defence no matter how relevant

or can we do anything to re-instate the defence lawfully

or get any pending judgement set aside so that our defence can be entered correctly?

 

Any and all advice will be much appreciated.

 

Thanks.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

please fill the above out anyway.

 

 

why note phone the court and clarify matters?

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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Name of the Claimant ? CABOT FINANCIAL UK

Date of issue– . 08 JANUARY 2015

Date of def filing - 09 FEBRUARY 2015

 

What is the claim for –

 

The Claimant claims payment of the overdue balance

due from the Defendant(s) under a contract between the Defendant(s) and Vanquis dated on or about Mar 23 2011 and

assigned to the Claimant on Mar 12 2014 in the sum of 2533.25

Particulars a/c no xxxxxxxxxxxxxxxx

 

DATE ITEM VALUE

17/12/2014 Default Balance 2533.25

Post Refrl Cr NIL

TOTAL 2533.25

What is the value of the claim? 2533.25

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? CC

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

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. cabot

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? ....

 

What was the date of your last payment? Don't Know - approx 02/13

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 managementicon plan? No

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Morning,

 

The Court has allowed us to scan the defence over correctly signed and this will be submitted against the claim today before any further action is instigated on the claim.

 

Thanks for your help so far.

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and what was the defence you filed please [suitably redacted]

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

I deny any indebtedness to the claimant.

 

I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim.

 

 

Until I receive these documents I am unsure as to exactly what the claimant's claim is for

and am finding it difficult to file a full and complete defence under the circumstances.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1)

until the claimant complies with the defendants CPR31.14 request.

 

 

The defendant respectfully requests that the court impose a time scale of fourteen (14) days

upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on,

and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that

upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court,

that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration,

to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

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have you got all the statements?

 

 

if not get them, p'haps by an sar to vanquis.

 

 

you need to find out if you have any penalty charges or ROP [their PPI] levied

 

 

for as it stands they can use a recon agreement as this is post apr 2007

 

 

so those might be useful in mediation.

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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