Cabot/Reston Claimform - old Lloyds credit card debt -

[julie1977]

Hi everyone,

 

The mediation has been booked for the 25th July (I had to call them to confirm)

 

they asked me the same three questions and I answered them as required.

 

Am I correct in thinking that once the mediation call happens then that is when I say they have not complied with my cca/cpr requests?

[dx100uk]

they asked me the same three questions and I answered them as required

 

when they ask the question regarding have you received all the required information

you then say NO, they have not supplied sufficient information for me to make an informed decision upon mediation over anything.

[julie1977]

Morning. Guys, a quick update for you.

 

I have just spoken to the mediation line to find out what the allocated time slot will be for tomorrow’s session.

They have advised me that they have tried on two separate occasions to contact Restons to book this with them and they are not answering nor are they returning thier messages.

 

The guy on the line rang them again this morning for me and rang me back advising that they are still not answering.

He said that if they don’t get in touch then it will be reffered back to the courts.

 

Would anyone be able to advise me what would happen then and if this works in our favour?

Sorry for all the questions tia.x

[dx100uk]

have you received the required paperwork?

[julie1977]

Hi DX100, no they have still not sent anything through with regards to the original agreement ect.

[dx100uk]

then same outcome that's why restons are bothering

as you'll say no anyway,

did you tell mediation you dont have all the required paperwork yet.

[julie1977]

Not yet as I was expecting the to ask me again prior to it happening.

 

Just had an email from mediation confirming appointment for 15.00-15.30pm tomorrow.

 

Do I need to call them back and advise them of this or wait until they call me tomorrow?x

Edited July 24, 2018 by dx100uk
merge

[dx100uk]

nope await

[julie1977]

Ok I’m guessing I tell them once they start the mediation call/process?

[dx100uk]

they should ask the questions again before they start.

[julie1977]

Ok thank you DX100,

I will say that I wanted to allow them every opportunity to send me the documents right up until the post today but unfortunately they have still not responded to my Request.

 

I am literally in the middle of the mediation process,

I have just advised them that I am still awaiting the required paperwork that I request from both Cabot & Rectums.

He has now called Rectums to see what they say.

 

The mediation person has advised me that apparently Cabot and Rectums do have the paperwork that I requested over a year ago and they sent it to me on the 18th January 2017..........erm big fat lie, T

 

however it will be re sent out to me in a couple of days..........

he even turned around and said so if they have these pieces of paperwork why have they still not sent them to you.

 

I advised that I am not able to come to any agreement with the mediation process until I can see that this alleged debt does actually exist.

 

He advised that it will now go back to the court where it will either be sent to the local court or it will be withdrawn by the claimant.

 

He advised if we get a court date through then leave it a few days before the hearing date and then call them to ask if the claimant has paid the hearing fee, if they have not then I have to ask why is it still active and advise that it needs to be stopped (he used a word I've never heard of before).

Edited July 25, 2018 by dx100uk
Merge

[AndyOrch]

Discontinued ?

[julie1977]

It began with S, I couldn’t write it down fast enough and my head is like a sieve at the moment.

[AndyOrch]

Stayed

[julie1977]

Yes that could have been it Andyorch. In your experience what do you think will be the next step from rectums?

[AndyOrch]

Nothing.....refer to your Notice of Allocation and Court Directions for the next stage.

[julie1977]

Hi guys,

 

Rectums have sent a copy of the signed agreement, along with notice of assignment and also a transaction list of the payments that my father made without my knowledge.

 

They have stated that they are prepared to listen to a reasonable settlement agreement on order to stop the legal proceedings.

 

I am actually shocked that they have managed to locate it after 10yrs.

 

What would you suggest now?

 

Tia.x

Edited August 2, 2018 by dx100uk
spacing.

[dx100uk]

its SB and not going anywhere

with or without paperwork as there is nopne that can prove their parents payments were made with their written authority

 

see if they issue to lift the stay [N244]

[julie1977]

They have sent a N9A form and asked for it to be filled in and returned.

 

They have also said that we have 14days before they life the stay on the proceedings and enter it for judgement.

[AndyOrch]

Without throwing a spanner in the works......The Statute of limitations does not actually state payments or acknowledgement made by the account holder personally ??

 

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

 

Andy

[julie1977]

Ok Andyorch,

 

Thank you what would you suggest/advise?

 

Tia.

[AndyOrch]

What else have you to rely on ...all the paperwork okay ?

[julie1977]

Yeah it appears so, unfortunately.

[AndyOrch]

Its your decision ...only you can decide.

 

You can wait and see if they make application to lift the stay....that will involve them spending a further £100 and either continue to fight it...not sure what with.

 

Or you can approach them and ask would they prepared to accept £x as a full and final at £ x per month by Consent (Tomlin Order) no CCJ...no extra costs.

 

Or wait for them to lift the stay and then offer a settlement by consent.

 

 

Andy

[julie1977]

Hi Andyorch,

 

Thank you I will speak to my wife when she gets home from work to see what she wants to do. She will want to stop a ccj on her credit file I am almost positive but cannot decide for her. Should she decide to go down that route do you guys have an appropriate template that O can use to ensure it is fully compliant and stops them from affecting her credit file?

 

Tia.