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Cabot/reston claimform - old LLoyds Credit card 'debt'


LaFrogage
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Hi Dx

 

 

no I haven't done that yet...difficulty getting information fro Lloyds...will try again...if can't get it...shall I file the SB defence without input from Lloyds?

 

 

Thanks

 

 

well if you cant get info

how do you think the fleecers are gonna get on?

 

 

if you are 100% certain its SB

then file that def

 

 

its for the claimant to prove its NOT SB'd

not for you to prove it IS>

ring Lloyds now

sats are usually quiet

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

 

 

 

 

spoke to Lloyds they have no details and referred me to their debt recovery team; phoned the debt recovery team which turned be some anonymous call centre in India.

 

 

I am reasonably certain this debt is well over six years old...and I have not made payments on it...so I am thinking of submitting the SB defence...and as Dx says for them to prove its not statue barred...

 

 

Thanks

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  • 2 weeks later...

hope you filed that SB defence in time

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

 

 

the SB defence was filed on Monday the 2nd of November, I have had a letter from the court acknowledging service, stating if there is no response from Restons within 28 days they will strike the matter out.

 

 

The court state a copy of my defence has been served on restons and if we cannot settle this matter then the claimant must indicate whether ot not they wish to proceed.

 

 

Interestingly I have received a letter from Restons dated the 3rd November (day after defence served) stating since there has been no response to this matter they are applying to the court to obtain judgement by default and are offering me a payment plan

 

 

 

 

 

Considering they sent back the CPR request on the premise it was unsigned, had my defence served on them, how on earth can they expect to obtain judgement by default

 

 

Might ring the court service to confirm that, however, any advice regarding the above would be appreciated/

Edited by LaFrogage
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Hi Dx

 

 

just spoken to the court, my defence was filed on the 2nd of November, since Restons letter was dated the 3rd of November the any request for judgement by default would be refused.

 

 

So I wait for the next instalment, thank you so much for your help, would have been lost without the advice and guidance given from CAG members.

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You should receive a Notice of Discontinuance shortly:wink:

We could do with some help from you.

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Hi All

 

posted a reply that hasn't appeared, so will post again, apologies if this get duplicated!!

 

So far no response from Cabot Finance re; CCA agreement etc,

 

 

however received a letter from Restons this morning advising me that I had not presented any evidence that this matter was statute barred and should have provided proof my last payment was made over six years ago;

 

 

they also say they have information from their client ( I presume their client is Cabot?)

that my last payment was made in September 2012,

I am reasonably certain this is wrong and will be checking my bank statements to confirm this.

 

An income and expenditure form is included and they advise me unless I withdraw my defence

and complete the I & E form within the next fourteen days their client MAY instruct them to continue proceedings by asking the court to strike out my defence and issue summary judgement against me.

 

Since I am still waiting for the information from Cabot how on earth can Restons have information I made a payment in September 2012, interestingly there was no documentation relating to the claimed last payment.

 

Do I need to do anything? if so does anyone have any suggestions.

 

Thanks

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Thanks O/C

 

 

will do that, just a straight forward letter requesting that information, do I need to qualify it by not acknowledging the debt and do I need to do anything with Cabots who have still not provided the CCA despite having had the matter since the 13th of October.

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std restons defendant intimidation tactics if you go read a few reston claims here

 

 

its not for you to prove it IS SB'd

its for them to prove its NOT.

 

 

pers I'd not respond at this stage.

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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we've seen this a few times here

 

 

restons simply reply by saying

check your own statements that your bank sent or the OC would have sent you.

 

 

when/if it get to the directions questionnaire stage

this issue can be raised then.

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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Thanks Dx

 

thought about it and not going to respond..

 

.if Restons had proof a payment had been made in the last six years...all they would need to do would be to submit their defence and ask for a hearing date..

 

.just checked the court web site..

.and Restons have not responded..

.so doing nothing for now apart from check bank statements

 

...how do they continue to get away with these fairy tales...

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So far no response from Cabot Finance re; CCA agreement etc,

 

 

however received a letter from Restons this morning advising me that I had not presented any evidence that this matter was statute barred and should have provided proof my last payment was made over six years ago;

 

 

they also say they have information from their client ( I presume their client is Cabot?)

that my last payment was made in September 2012,

I am reasonably certain this is wrong and will be checking my bank statements to confirm this.

 

Thanks

 

:)

dont they have to provide the proof that there was a payment within the last 6 years!

if they have such 'information', then they should furnish it (eg payment proof eg logs/statement) to poss avoid any further litigation. why be so vague?

do check your statements, as if nothing there then they can be used to rebut if required.

is a cca request response still outstanding also?

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:)

dont they have to provide the proof that there was a payment within the last 6 years!

if they have such 'information', then they should furnish it (eg payment proof eg logs/statement) to poss avoid any further litigation. why be so vague?

do check your statements, as if nothing there then they can be used to rebut if required.

is a cca request response still outstanding also?

 

Ford...this is Pestons......:lalala::lol:

We could do with some help from you.

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:)

its funny, they ask for lafrog to evidence their defence when it is for them first to evidence their claim. no relevant evidence should = no claim (unless a J is creditor friendly :))

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  • 3 weeks later...

Hi All

 

well nothing from Cabots re: the CCA request despite them saying believed they would have the information available in 40 days,

they've now had 46 days to respond.

 

 

I filed my defence to the summons from Restons on the 2nd of November, so their 28 days to respond is now 'up'.

 

 

I have asked the court how I have the matter 'struck' out,

 

 

they have emailed me some forms,

after reading through them it seems I will have to pay £50 to have this 'struck out'

do I need to do that or should I just leave the matter.

 

Once again any advice would be greatly appreciated.

 

Thanks

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Have what struck out?...the claim is stayed...its a none entity.

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 OTHER

 

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

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A quick update just had a letter from Cabots stating they are unable to get the information from the O/C within the time period,

they say they will continue to request the information and in the meantime put the account on hold

and come back to me if/when it is obtained.

 

??????

 

Should I respond and point out their solicitors have my SB defence

and have failed to respond within the requisite 28 days,

or just do nothing

 

Hi Andy

 

sorry bit of a novice at this, okay so I need do nothing at all?

 

Thanks

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A quick update just had a letter from Cabots stating they are unable to get the information from the O/C within the time period, they say they will continue to request the information and in the meantime put the account on hold and come back to me if/when it is obtained.

 

 

??????

 

 

Should I respond and point out their solicitors have my SB defence and have failed to respond within the requisite 28 days, or just do nothing

 

No

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 OTHER

 

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

If you want advice on your Topic please PM me a link to your thread

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