Cabot/Reston Claimform - old Lloyds credit card debt -

[dx100uk]

no because you have to send a PO with the CCA request as the fee

 

 

and you need proof of posting for the CPR too

which you can get free at the PO counter when you get the £1PO for the CCA

and post both off

[julie1977]

Hi everyone,

 

I've been to the post office and they have both been sent special delivery so they will get there before 1pm tomorrow.

[julie1977]

Hi everyone,

 

Just had a letter through the door from Rectums.

 

 

They have sent our letter back advising that they will not acknowledge receipt nor provide any response until the letter is signed.

 

Any suggestions please?

[AndyOrch]

Whilst there is no requirement to sign a CPR 31.14...this is regularly used by this Solicitor to delay your request and frustrate any attempts to source information..you can either send it back signed but make your signature unique to your normal sig(eg sign it with a different slant or add crosses dots to the appropriate letter (As they dont know what your normal signature is anyway hence the reason its so laughable) or you can ignore them and just refer to their actions within your witness statement......either way they wont respond to your CPR 31.14 request anyway even if it was signed initially.

 

 

Andy

[julie1977]

Hi Andy,

 

Thank you. I have already re done the letter for Lisa to sign, her signature will have crosses in the background that I have greyed out. When you say witness statement up until now I haven't pulled one together for her yet. Is this something I need to get done asap?

[AndyOrch]

No your not at that stage yet...it comes after allocation of claim...if it gets that far.

[julie1977]

Ok thank you, I am guessing allocation of claim is when it goes in front of the court/judge?

 

I have also sent a cca request to Cabot, as yet they have not responded. What are the timescales they need to respond/supply documentation by? I want to keep a tight grip on these lot.

[AndyOrch]

Ok thank you, I am guessing allocation of claim is when it goes in front of the court/judge? No...when its allocated to track and transferred to your local County Court

 

I have also sent a cca request to Cabot, as yet they have not responded. What are the timescales they need to respond/supply documentation by? I want to keep a tight grip on these lot.

 

12+2 for CCA request

[julie1977]

Thank you Andy, much appreciated.

[julie1977]

Just noticed this on the back of the origin letter that restons sent back to us today. It has DLA in bio pen on the top right hand side of the back page.

[dx100uk]

Wonder what that means?

[julie1977]

Wonder what that means?

 

No idea I will upload a photo of it later

[julie1977]

 

 

 

Hi Everyone,

 

We have finally had a response from Rectums re our cpr letter. I have attached it for you to look at. Could you please advise what we need to do now with regards to this issue?

 

Kind Regards

 

Julie

[AndyOrch]

Uploads unapproved ...name still showing...

 

Julie no need to upload it again its already on 1000s of threads already...its a template response...with the addition of your phantom payment to mess with your mind.

 

Andy

[julie1977]

Hi Andy,

 

The £5.00 payment is correct however it has/was never paid from Lisa's account. It was made from her parents bank account.

 

What do I need to do now to respond bakc to them.

 

Kind Regards

 

Julie

[AndyOrch]

You dont respond...start preparing your witness statement in case they wish to proceed.

 

Gather as much information about that payment ...its source whos account etc etc

 

Andy

[julie1977]

Ok thanks Andy,

 

Does is have to be in a particular format/layout, is there any particular information that needs ot has to be included?

 

Apologies for all the questions I am very new to this side of debt collection.

 

Kind Regards

 

Julie

[AndyOrch]

Search Witness Statement and the threads will come up which contain examples and ones I have previously advised on.

[julie1977]

Hi everyone,

 

We had a response from Cabot this morning to our cca request.

 

They have advised that they do not have the documentation requested.:

So they have acknowledged that the 12 days timescale will not be met and therefore the alledged debt will be temporarily unenforceable.

 

However they have requested said documents from the original lender and it should take no longer than 40 days.

 

Once they have it they will get back in touch.

 

 

Do I need to write to them to tell them to instruct their rectums to stop the court proceedings or just leave it as it is?

[dx100uk]

std letter they send to every CCA request if you go read like claims Julie

changes nothing

[julie1977]

Ok I wasn't sure that was all.

[AndyOrch]

Hi everyone,

 

We had a response from Cabot this morning to our cca request.

 

They have advised that they do not have the documentation requested.:

So they have acknowledged that the 12 days timescale will not be met and therefore the alledged debt will be temporarily unenforceable.

 

However they have requested said documents from the original lender and it should take no longer than 40 days.

 

Once they have it they will get back in touch.

 

 

Do I need to write to them to tell them to instruct their rectums to stop the court proceedings or just leave it as it is?

 

Which is code for we dont have any documents and therefore this will be the last you hear from us...apart from the Notice of discontinuance.

[julie1977]

Hi everyone,

 

We took advantage of a free hour appointment with a solicitor this evening.

She said that the courts process would continue to proceed and we would get another form from them that would have to fill in and be sent back.

 

 

She did say that because Cabot have acknowledge that they need 40 days to locate the said documents we could ask the court to not list the hearing for trial as the main part of the paperwork is currently not available.

 

 

She said that they may grant it or they may not.

I am confused now as where we go from here with it all. Help .

[shamrocker]

If the Claimant hasn't got the paperwork to file a valid claim then that's their problem. Giving them extra time is only doing THEM a favour. Just let things progress normally.

[dx100uk]

think id be sticking to a solicitors that knew how courts and consumer credit cases work.................

 

from the date you filed the SB defence

they have 28 days to do 'something'

else the claim gets stayed.

 

once its stayed, they'll have to pay a further fee to lift a stay

and produce proof its not SB'd ...

 

you can ignore any other time limits