Cabot/Reston Claimform - old Lloyds credit card debt -

[dx100uk]

claim number showing

simple get her to sign the SB defence statement where required and send it back

[julie1977]

Thank you DX100, really appreciate it. Was not expecting that through the door today

[AndyOrch]

Defence submitted 7th Jan 2017 and they now on the 2nd May 2018 want it corrected and send back to them before the 11th May......15 months.....they are improving:wink:

 

 

Why did you tick the box to be Legal representative..?

 

 

Andy

[julie1977]

Hi everyone,

 

I have just had a letter from the county courts advising of something called a small claims track?

 

Would anyone be able to advise me of what this is and how best to deal with this please

 

Andy- It was an error on my part......idiot I know

[dx100uk]

So youve got your n180 then?

[julie1977]

Hi DX100,

 

What does this mean for my wife now? It has a questionnaire on advising thatbitnhas to be filled in and returned by the 25th June. It states that she can either choose mediation or let it go to court? I am really confused *

[AndyOrch]

This allocates the claim to your local county court....simple to complete.

 

Yes to mediation

 

Yes to small claim track

 

1 witness ...yourself

 

The rest is self explanatory .

 

Run 3 copies and file and serve to the Court and claimants sol by the date stated...retain 1 for file.

 

Use the following and complete on your computer looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

Regards

 

Andy

[julie1977]

Hi Andy,

 

Sorry I am being very thick today.

Will my wife have to attend court?W

She is having a major tough time at the moment, parents are divorcing and her father and his companies is being investigated for fraud on a large scale

. I’m not sure that she could face court too .

[dx100uk]

Yes if it gets that far

and its no big deal

Typically nothing more than a table sitdown

[julie1977]

Dx100 - I’m guessing that you mean the mediation option?

Via telephone?

 

My wife has worked incredibly hard to improve her credit file and we are literally on the verge of buying a house

 

. I hate even thinking this but if a settlement was agreed could she avoid a ccj on her file?

[dx100uk]

No you asked about court not mediation

Mediation will not happen if they dont cough up with an enfor agreement

 

No dont settle

There are 1001 ways fo avoid a CCJ before you need to do that with these fleecers

[julie1977]

I requested a copy of the original agreement from both Cabot and restons, Cabot replied advising they had 12 days to cough up and then they wrote back later and said that they had a max of 40 days.

 

She has had nothing from them since.

 

Restons have been relentless despite none of them providing a true copy of the agreement.

[basildonbond1946]

Rubbish they have 12 working days to respond No copy of agreement no case to answer

[julie1977]

I agree however they are not letting go (restons) not Cabot.

 

They initial case was stayed back in February due to them not getting back to the courts on time.

 

I then stupidly ticked to legal rep box in error.

 

Had another letter advising my wife to sign correctly and send back.

 

Now this form and questionnaire arrives today.

[basildonbond1946]

If you are being harrassed by them keep a record of all the correspondence and phone calls and text messages after you have won sue for harrassment.

 

Is it not Statute Barred after all this time?

 

I see that Dx100 had advised you to send SB letter

[julie1977]

Yes that is what we used as defence, however this has only came about due to my wife’s father writing to the original creditor without my wife’s knowledge and offering them a payment of £5.00 paid by him from his account not my wife’s.

 

We didn’t even know anything about it until he closed this account down and that’s when they started this farce of a claim.

[dx100uk]

The form you have was from the court not restons..yes?

[julie1977]

Yes it is was from the court

[basildonbond1946]

I was under the impression that payments made by OC could affect when the account becomes SB.

If a well itentioned person wanted to pay some money off the account without your knowledge or permission does not unbar the SB status.

 

You can be 200% certain that Crapbot/Rectum did not enquire as to whether the OC were aware of this when they received the payment from a third party all they see is $$$$$ signs and it would never be SB,d

[julie1977]

Ok so where do we go from here?

[basildonbond1946]

Its not going anywhere unless they can produce a valid CCa within in the specified date Wait and see if DX100 come ups any other suggestiions

[julie1977]

Ok thank you so much guys

[dx100uk]

I was under the impression that payments made by OC could affect when the account becomes SB.

If a well itentioned person wanted to pay some money off the account without your knowledge or permission does not unbar the SB status.

 

You can be 200% certain that Crapbot/Rectum did not enquire as to whether the OC were aware of this when they received the payment from a third party all they see is $$$$$ signs and it would never be SB,d

 

oc = original creditor

only payments by the person that signed the agreement can be taken as payments from them toward the agreement

any other payments would have to be proved to come from an account likewise owned by the signee or with written authority ftom the signee that it was with their permission....

 

its SB and not going anywhere

wit or without paperwork as there is none that can prove their parents payments were made with their written authority

[dx100uk]

so return the N180

 

1 wit you

yes to mediation

the rest is obv

 

3 copies needed

1 to the court by the required date

1 to the solicitors [minus sig/email/phone]

1 for your file

[julie1977]

I don’t even think rectums have even realised the payments were coming out of her fathers account not hers, nor have they checked.

 

Do I need to point this out to them or not?

 

Does this mean that the OC broke dpa at the beginning or does that not even make an argument for her case?

 

Thanks guys,

my head was battered when it arrived this afternoon in the post.

 

I will do the online form, print off and send all required copies to everyone.

 

I’ve read that these lot are good at getting backsoor ccj’s.

 

She really really cannot have one against her now .

 

You guys are pure legends.x