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Cabot/restons claimform - halifax credit card Debt


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Halifax are trying a different angle with me it seems.

 

Name of the Claimant: Cabot Financial Ltd

Name of Solicitors: Restons Solicitors Ltd

Date of issue – 28/9/15

Defence due - 31/10/15

 

What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Jan 13 2006 and assigned to the claimant on Jun 27 2014

 

What is the value of the claim? £4594.12

 

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

 

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

 

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

 

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? Dont remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments? Lost Job etc

 

What was the date of your last payment? Not sure

 

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 Management plan? Yes

 

Am I right in thinking that I now need to send a CCA request and a CPR31.14 request as per your previous help. Much Thanks

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Nothing to do with haliprats they sold it

 

Yep you know the score same mo as the loan

 

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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  • 3 weeks later...

Send now Sooty...if you have a defence in mind.

 

Andy

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  • 2 weeks later...

Thought id post my defence incase it helps anyone.

 

Defence

 

Paragraph 1 is accepted that I have had financial dealings with Halifax Bank in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant.

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made.

Paragraph 2 is denied. I am not aware of ever receiving a Notice of Assignment pursuant to the Law and Property Act 1925 from either the original creditor or the claimant.

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant.

 

Paragraph 4 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 5/10/2015 for a copy of the account agreement, and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants XXXXXX on 6th November 2015, @ 08:56am (As per the Royal Mail Signed For™ service). The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right either under statute or equity to issue a claim.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the Consumer Credit Act 1974.

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

 

Fingers Crossed. :lol:

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  • 3 months later...

Hey guys.

 

Need some help on this one.

 

 

Cabot sent me a letter a little while ago sending me what they called the correct documents, naturally I ignored it.

 

Now Restons, their solicitors. have sent me another letter and Im not sure how to act.

 

I have created a pdf with the letters and blacked out my personal details.

 

Thanks in advance

restons reply .pdf

Edited by dx100uk
file size reduced from 9Mb to <1MB page 2 barcodes removed page 4 name etc removed- DX
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Typical rubbish from restons. What did cabot send to you because it has to be in a specific format

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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they can willy wave all they like

 

 

I take it the case is stayed?

 

 

upto them if they want to pay the fee and take their chance that's enforceable.

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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they can willy wave all they like

 

 

I take it the case is stayed?

 

 

upto them if they want to pay the fee and take their chance that's enforceable.

 

If by stayed you mean nothing has happened then yes its stayed.

 

So you think I should do nothing? I mean, they have provided evidence but it doesnt seem upto standard. Do you agree?

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correct

simply reston and their games

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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