Cabot/Reston Claimform - old Lloyds credit card debt -

[dx100uk]

no!! you never write to the fleecers

let them find out the hardway by paying even more money to lift the stay..

its for THEM to prove its NOT SB'd

never for a defendant to prove it is

[julie1977]

Ok thank you.

[julie1977]

Morning everyone,

just a quick question but would it be worth me sending both cabot and restons a letter advising them that the debt is both stature and barred and also unenforceable due to them not being able to provide a copy of the original agreement?

 

Normally I would just carry on and let it go to court ect

however because it is my wife and not me she crumbles when they send a letter never mind the thought of potentially going to court.

 

How best do I make these idiots go away hopefully before it escalates any further.

 

Is there a template letter I can send them both to stop any further distress to my wife?

[dx100uk]

you already have you've filed the SB defence

[AndyOrch]

The only way to make it go away is to agree a settlement with them and withdraw your defence if the prospect of attending court is so frightening...although Im unsure why ?

 

You really shouldn't be defending a claim if the thought of courts terrify you...thats what the claimant relies upon.

 

We cant guarantee you success..we cant say the court will accept its statute barred...we dont know if the claimant will discontinue..its a ll a gamble.....but you have bought yourself sometime..you are moving the claim towards mediation and possible settlement.

 

If you had not entered a defence the claimant would already have judgment and your wife a CCJ on her file for 6 years.

 

 

Andy

[julie1977]

Thank you Andy, do rectums have to agree to mediation once we agree to it also or can they refuse and a get it in front of a judge regardless of what option she chooses?

[dx100uk]

Imho unless rectums produce proof its not sb which they cant......

Go give 'em a bloody nose

[julie1977]

I have this clear in my little head.

 

Once we fill in this form and tick for mediation.

In order for them to be able to proceed any further they have to be able to produce either the original credit agreement that they are trying to enforce onto my wife?

 

If they cannot produce that what happens?

 

Apologies for all of the questions but as you can tell we have never had this situation happen before.

[shamrocker]

You'll be asked if you have received all documents necessary to deal with the claim. If you tell them "no", then they can go no further with the mediation process.

[julie1977]

Thank you, sorry for sounding very thick hear but once I tell them no and the mediation comes to a halt they cannot then advance it to the courts can they? On the mediation form it has a box to tick stated that you have enough information with regards to the claim or words to that effect. Is this where I select no?

[dx100uk]

Julie

Not being funny but....

CAG is also a self-help site

Unless you have done so whilst not logged in

You've not read ONE other like thread!

 

If i were really as green on this and thus worried about this as you seen be id be using my time reading up

[julie1977]

Hi DX100 - I was going to look at work tomorrow once L had access to my pc, currently using mobile.

[dx100uk]

Should have been doing it when you got the claimform 6 mts ago!!

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Reston+claimform+card&sa=Search+CAG

 

Use the search CAG box of the top red toolbar

[julie1977]

DX100 I have recently been diagnosed with fibromyalgia and ME so my attention levels can be very poor unfortunately not by choice.

 

I never meant to come across lazy with this situation.

 

It is quite stressful for me trying to deal with it at the same time as suffering a crash .

 

Apologies

[dx100uk]

We wont let you lose..

 

More importantly though...we hate restons..almost on a par with Link financial DCA

 

On a total! Side issue

We have seen a good few debts [other that this one too] written off due to ill health

 

We will not abandon you it you stick with CAG

[julie1977]

Thank you, this groups expertise is second to none. Unfortunately my wife is not ill it’s me, I am the fixer of the family lol.

[dx100uk]

One extra thing i will say..

 

Dont ever think a DCA or their fake/tame solicitors give a monkey's about you, your wife, gour health or anything!!

 

All they care about is fleecing money out of people by threats

 

They have no more legal powers than you or i.

 

750,000 speculative claimforms are issued every year

[julie1977]

Oh I know that 100%..........vermin! Thank you again for all of the help today guys. Off to bed I go.

[dx100uk]

:yo:

[dx100uk]

Thank you, this groups expertise is second to none. Unfortunately my wife is not ill it’s me, I am the fixer of the family lol.

 

It will still work!

 

Itl l

[shamrocker]

Thank you, sorry for sounding very thick hear but once I tell them no and the mediation comes to a halt they cannot then advance it to the courts can they? On the mediation form it has a box to tick stated that you have enough information with regards to the claim or words to that effect. Is this where I select no?

 

Yes, they can still proceed with the claim. You would eventually be afforded the opportunity to challenge the claim via a witness statement, where you would, amongst other things, challenge the lack of essential documents.

 

I haven't experienced the new form (well, I have but stated 'no' to mediation), but I would imagine stating that you don't have enough information it may mean there's no prospect of mediation taking place straight away.

 

Most of these debt buying companies simply play a game with you. The don't want to cooperate, and often don't have the evidence to support their claim anyway. There's no need to panic at any stage, as even going to court is not a particularly bad experience. Just relax about it all, keep us updated and keep to deadlines.

[AndyOrch]

Thank you Andy, do rectums have to agree to mediation once we agree to it also or can they refuse and a get it in front of a judge regardless of what option she chooses?

 

Well the courts expect all parties to participate in ADR...so if the defendant does and the claimant does not...more brownie points for you..but seriously it will effect any costs they claim should you lose....if you lose:-)

 

But even if they agree.....mediation very rarely achieves any results in this type of claim because basically its not compatible with money claims and the disclosure of documents.

 

Regards

 

Andy

[julie1977]

Thanks everyone, I am trying to speak to a friend of mine who is a magistrate to see if they can offer any advice.........good or bad idea?

[shamrocker]

Thanks everyone, I am trying to speak to a friend of mine who is a magistrate to see if they can offer any advice.........good or bad idea?

 

All the advice you'll ever need is right here. Don't over-complicate things. The process is very straight forward, albeit you probably can't see that right now.

[julie1977]

Hi Shamrocker, you are correct I am really confused at the moment although with this lovely invisible illness it doesn't take much

The last communication I had from the courts was them confirming that the case had been stayed due to the claimant not getting back to the courts in time.

 

I am guessing that this new form means they have paid to have the stay lifted??