Restons/cabot/MFS portfolio claimform - halifax credit card 'debt'

[Matt1507]

Had a letter off Restons back in November

telling me to set up a payment plan for an alleged credit card I had with Halifax for £13500

I can't recall any card I had with an amount like that on it.

 

 

I rang them up and said I had a letter stating that I needed to set up a payment

and asked them to send documents to prove i owed the alleged debt.

 

 

The woman was very evassive and kept saying you must set up a plan or we will take court action.

I repeatedly said until I have documentation proving I owe the debt I will not agree to anything.

 

 

After being put on hold after I asked who do I write to have the documents sent to me, is, them, MFS or cabot,

she came back saying she is not obliged to tell me and it is up to me to prove I do not owe the debt.

 

I did a little research and found that Restons have a reputation of being evasive,

non helpful and use bullying tactics to scare you into a payment plan.

 

 

after some more research I found a conditional acceptance letter I sent off to all 3 companies(recorded)

asking them for original copies of contract and other information that is required.

I heard nothing back

 

 

after 15 days sent the second letter of non conformity and asked again for documents to be sent across.

I heard nothing from MFS or cabot, but had a letter from Restons saying I must set up a payment plan

and that their client will not send out the documents requested as it is uneccessary and irrelevant.

 

A couple of days later,

23rd December, I got court papers through the post where with costs they are asking for just under £14500

 

 

I submitted a defence online stating I have requested documents on the dates sent, and dates received.

I stated I received nothing back in the 14 day time scale.

 

 

I said I sent the request again and heard nothing back again accept the response from Restons

and that I have nothing to say I owe the alleged debt.

 

My issue is that I don't think I put enough in the defence and didn't use legalise terminology

 

 

do I write to Restons requesting a CPR 32..14 for all documentation.

Can I resubmit the defence with more information or did I respond too quick and done it all wrong.

 

I had a letter from Northampton saying that they are forwarding my defence.

In my defence I did also contest the durastriction of Northampton county court.

 

Any help on this would be gratefully received and appreciated.

[AndyOrch]

Thread moved to Financial Legal Issues

 

Welcome to CAG Matt1507

 

Regards

 

Andy

[AndyOrch]

If you could read the following link and copy and paste your responses here...this will provide a little background to the debt and help us advise you on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[Matt1507]

Name of the Claimant ?

MFS Portfolio

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

22 December 2015

 

Date of issue 22/12/12+ 19 days ( 5 day for service + 14 days to acknowledge) = 10/01/16 + 14 days to submit defence = 24/01/16 (33 days in total) -

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and Halifax dated on or about May 21 1999 and assigned to claimant on June 29 2015

What is the value of the claim?

£14440.00

 

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

 

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.

Debt has been purchased by MFS Portfolio

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I cannot recall a letter of assignment

 

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?

we had a business that went under due to a being owed money

 

What was the date of your last payment?

Around january 2012

 

Was there a dispute with the original creditor that remains unresolved?

Not that I am aware of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

No

[Matt1507]

CPR 31.14 has been sent to Restons

[AndyOrch]

Dont forget your CCA request...far more important than CPR 31.14.

[renegadeimp]

CCA them ASAP. They wont have the paperwork. Especially if it's cabot

[Matt1507]

I sent off a Conditional acceptance requesting all documents, twice. Had no response at all. That was sent back in November and again in December. 28 has lapsed and only Restons replied saying paperwork requested is irrelevant and uneccessary and client will not be forwarding them. More like haven't got them.

 

Correct me if I'm wrong the conditional acceptance is a a CCA request?

[renegadeimp]

CCA request is different. It is a legal request to see if they hold the correct paperwork that is needed to enforce any court action. If Cabot or restons are.chasing you then it's very unlikely they have the paperwork

[Matt1507]

I understand now. I'll get that in the post this morning.

 

Thanks for clearing that up for me.

[AndyOrch]

What on earth as a Conditional Acceptance got to do with requesting a copy of your agreement?

 

Legal Definition...

 

Conditional Acceptance

 

A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offer or that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs. This type of acceptance operates as a counteroffer. A counteroffer must be accepted by the original offer or before a contract can be established between the parties.

Another type of conditional acceptance occurs when a drawee promises to pay a draft upon the fulfillment of a condition, such as a shipment of goods reaching its destination on the date specified in the contract.

[Matt1507]

It was a legal notice I downloaded stating that they must supply the credit agreement, statements of loss, notice of termination and a couple of other bits of info and that if all this can be provided and prove that I owe the debt.

 

It was a 3 letter process I found on another Forum.

Edited January 5, 2016 by Andyorch
External FOTL name removed

[AndyOrch]

" It was a 3 letter process I found on another Forum."

 

 

 

I would advise you steer clear of that nonsense.

[Matt1507]

I'm glad I found this site and having good advice from you. Thank you.

[renegadeimp]

Just to add, if you follow the advice you got from the other forum, not only will you lose your court case, you will likely be saddled with a lot of costs and everything that comes after the judgement.

 

The reason the other sites use that process is to make you lose, so you panic, go back to them, and they then charge you for them to "prepare your defence" or whatever they decide to say to get your money, and even then youll still lose. You then go back to that forum to complain only to find out you have been banned, your info deleted from the site, and you are out of money.

 

So AndyOrch's advice is spot on. Stay well clear. CAG gives you the info you need to help yourself to win your case and its totally free.

[Matt1507]

Have I screwed up now with thinking I was doing the right thing? I've posted the request for CCA this morning and cpr 31.14. Has sending those previous letters blown everything?

[renegadeimp]

Nope. You've sent the proper letters now and you're still within the timescales. Let us know what they come back with

[AndyOrch]

No...thats fine Matt...you are now back on the right course.

 

Andy

[Matt1507]

Thank you

[Matt1507]

I just thought, can the defence I put in be resubmitted or amended? I think I reacted too quickly without correct thought by thinking I was doing the right thing.

[AndyOrch]

Wait and see if they wish to proceed first...you can realign your defence within your Witness Statement

[Matt1507]

Okay, I really appreciate all this you're doing.

[Matt1507]

Just an update from earlier conversation. I have had no response from Restons or MFS from the letters I sent requesting CCA and CPR31.14

 

What do I do now as I'm not sure of what to do.

 

It has been 14 days since the letters were sent

[AndyOrch]

You do nothing...you have submitted your defence....next move is the claimants.

[Matt1507]

You do nothing...you have submitted your defence....next move is the claimants.

 

What happens if I don't hear anything from them? I think the 28 days is up in a week and half.