Cabot/restons claim form - express gifts/studio24 CAT 'debt'

[Josh2017]

Hi,

 

I would be thankful of some advice please.

 

In 2012 I defaulted on a Studio account and my debt was sent to a debt collection agency/solicitor dept due to low earnings due to illness

 

a £10 a month payment plan was set up,

this went without fault for nearly 3 years and I used to make payment by phoning up every month and paying via debit card over the phone.

 

The company name I used to pay the £10 a month to now escapes me

however for the final month I phoned up to pay there was an answer phone message stating that the company no longer operated due to being removed from some kind of authority to practice in the collection for debts,

 

I forget the exact terminology but when I googled the company it seems they had been struck off for some kind of illegal practices.

 

There was a phone number of a company that were now dealing with this struck off companies affairs and when I contacted them they could not find a record of my debt on their system and advised me to speak to the original creditor,

 

I called Studio to ask them for information regarding the outstanding debt and was told the debt had been sold and they no longer had any recourse on the funds that were owed.

 

I felt I was going round in circles and could not do any more so I forgot about the debt assuming when somebody wanted the money they would write to me.

 

In November of last year (2 months ago)

I received a letter from Restons solicitors demanding the full balance of a little over £600 by way of a "letter before action"

 

I called them immediately and explained the situation regarding the struck off company and the payment plan I had in place and was told if I wanted to set up the same payment plan I had to complete an expenditure form on their website to show affordability which I did just before Christmas.

 

I expect to receive some kind of response when they had analysed it but not the response I did get:

 

Today I have received a claim pack from Northampton county court,

This is new to me and after a bit of research I figure this is the start of a CCJ they want to get put on me.

 

Now I have a few questions.

 

Firstly how do I resolve it at this stage so I dont get a CCJ,

 

Its only for a relatively small figure inc fees a total of £800 and if possible I dont want to get a CCJ for this amount,

 

I have read if I pay the balance within 30 days It does not get recorded on my credit file,

is this 30 days from the date on the claim form or from date of judgement against me?

 

I have tried calling Restons to get some answers as to why they did this,

however i get through to an answerphone message that states they will call me back but they havnt yet and Id like to be informed of my next moves before I do actually get to speak to them,

 

thank you in advance for any help.

 

I would like to add on the claim form it shows Cabot as purchasing the debt in march 2016

yet the first I heard about this was November from Restons,

 

Cabot had not even wrote to me to try and get a payment plan set up.

Edited January 23, 2017 by Josh2017

[AndyOrch]

Hi Josh and Welcome to CAG

 

If you could read the following lik and then copy and paste the Qs and your responses back here for the best advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[AndyOrch]

PS you really need to remember who you was paying the payment plan to and how much you paid.

[Josh2017]

Thank you for your help, please find Q`s and A`s.

 

Name of the Claimant ? Cabot Financial

Date of issue – 19 JAN 2017

What is the claim for –

1.The claimant claims payment of the overdue balance due from the Defendant under a contract betwwen the Defendant and express gifts dated on or about MAR 19 2010 and assigned to the Claimant on MAR 21 2016

 

Particulars a/c no xxxxxxx

 

date 24.11/2016 default balance 667.92 post refrl cr NIL TOTAL 667.92.

 

What is the value of the claim? £797.92 INC COURT FEES AND LEGAL REP COSTS

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Studio card

 

When did you enter into the original agreement before or after 2007? After

 

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 cabot

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Nothing sent to me to say Cabot had purchased

Did you receive a Default Notice from the original creditor? Yes I believe so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?nothing

 

Why did you cease payments? Original debt collection agency struck off

What was the date of your last payment? Approx 1.5 years ago

Was there a dispute with the original creditor that remains unresolved? No

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

Thankyou for assistance

[AndyOrch]

Many thanks......

 

Next task...CCA request to Cabot and a CPR 31.14 request to Pestons......(Instructions and template links provided in the above link)

[Josh2017]

Thanks Andy,

what am I hoping for that they cannot provide the relevant information that I am asking for which would make them not legally entitled to pursue me for the debt?

 

I will get on to this right away

 

I am also yet to acknowledge the claim

 

 

should this be done on line and am I right in thinking I want to state that I wish to defend my claim?

[AndyOrch]

Thanks Andy, what am I hoping for that they cannot provide the relevant information that I am asking for which would make them not legally entitled to pursue me for the debt? Correct and the fact you have been making payments which most probably have disappeared into the great DCA hole

 

I will get on to this right away

 

I am also yet to acknowledge the claim should this be done on line and am I right in thinking I want to state that I wish to defend my claim?

Yes

 

Andy

[Josh2017]

Yes

 

Andy

 

Thank you Andy, I have looked for a template letter for a CPR 31.14 request and have found many, some varying quite a bit. I dont suppose you have a link to a template that is sufficient for my use please

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Edit to suit..you can only request documents actually referred to within their particulars.

[Josh2017]

Am I right in thinking I will ask for: 1/2/3 and 5

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: Notice of Assignment*

 

3: The Default Notice*

 

4: The Termination Notice*(if applicable for loans/HP/)

 

5: Statement of Account**

 

6: [any other documents mentioned in the Particulars of Claim]*

[AndyOrch]

Well they do mention a default balance...throw that in also.

[Josh2017]

Thank you for your help Andy, everything you have told me to do I have done.

 

The two letters were sent first class recorded so should be with them tomorrow,

 

 

what are the next steps for me now?

 

Realistically from this point in time how long do I have before I am issued with a CCJ,

I am just trying to work out a time scale where by worst case If everything falls the way of the claimant and I am issued with a CCJ

I know how long I have to get the £800 together to clear the debt

so the CCJ can be removed and not recorded on my credit file.

[AndyOrch]

You have 33 days in total if defending all the claim ...19 days to acknowledge service (date on the summons being day 1) and a further 14 days to submit your defence.They then have 33 days to respond or in form the court they wish to proceed.....if they do.....It will go to allocation which could be another 2 months so your looking at possibly 4 months in total

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

.

dx

[Josh2017]

Thanks dx,

 

This has now been done

[Josh2017]

Hi Andy,

 

I have had my first response now from Restons, I will add it here with any information left blank that could identify me.

 

We acknowledge receipt of your recent request made pursuant to CPR 31.14

 

We would point out that the claim was issued via the County court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice direction 7E specifically states the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served seperately in accordance with paragraph 5.2 of this practice direction.

 

we would also remind you tat CPR 31.14 states

 

a party may inspect a document mentioned in

 

a witness statement

a witness summary or an affidavit

a statement of case

 

you would have been provided with a copy of the contractual terms and conditions at the time the account was opened and hence we see no reason why you now require an additional copy

 

furthermore the other documents you have requested are not mentioned in the particulars of claim and therefore CPR 31.14 does not apply

 

although your letter states that you require the requested documents in order to file a defence we would point out that the particulars of claim contains sufficient information in order for you to understand what the claim relates too such as

 

the date the account was opened

the balance

the acc number

the name of the original creditor

the fact the account has been assigned to the claimant and when it was assigned

 

we hope this clarifies matters.

[dx100uk]

std response rectums send to every CPR

 

if you go read other rectum claim threads

 

nothing to do

 

just DONT miss your defence filing date next week

[Josh2017]

Thanks for your response,

 

so I ignore their response now?

 

what is the basis for my defence?

 

Will I need to put the basis of my Defence when I respond to the Defense filing date?

 

I will go hunt out some other threads now too, Thankyou

[AndyOrch]

You will find a plethora of examples in the following forum of previous Cabot/Reston claims and how they concluded.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Regards

 

Andy

[dx100uk]

copy and paste your thread title into the search CAG box of the top red toolbar

 

 

or simply use cabot claimform cat debt

[AndyOrch]

copy and paste your thread title into the search CAG box of the top red toolbar

 

 

or simply use cabot claimform cat debt

 

But that will bring up every thread...even if not concluded or in the Legal Success forum...easier to just use the link I have posted above.

[Josh2017]

Just double checking, the claim was dated 19th Jan so +33 days I have until 21st Feb to submit my defence?

[AndyOrch]

Monday the 20th Feb Josh.

 

Andy

[Josh2017]

Hi Andy,

 

Im just in the middle of compiling my defense, I have found out a couple more things that I am intending to use in my defense that I hope will be good for my case.

 

I have found out the debt collection agency that i was making payments too were regal credit consultants, these went into liquidation in 2016,

 

I have spoken to the original creditor and they have told me they passed the account to Regal in 2013 and they never received a payment from them with regard to our account,

 

now I know I was paying Regal every month until I got the answer phone message that they had ceased trading so I wonder what happened to my payments,

 

I am trying to locate them on my bank statements but if i remember correctly it was a number i called and paid with my card over the phone so im hoping it lists their name next to the payments on my statement.

 

The next thing I have found is a letter dated in August from Cabot stating they have purchased my account, they state the balance purchased is a little over £670

 

however they enclose a statement that is supposed to help me understand how this balance is made up yet they only show £65 worth of purchases so Im not entirely sure where the £605 comes from?

 

Are these good points for me to use in my defense or will proof be required to show that i did pay Regal and if i cant prove that the court would assume i had not made any payments?

I am happy to pay what I owe that has never been an issue but I only want to pay what I owe and not a figure that appears to have been created.

 

Any help is much appreciated, thank you

[AndyOrch]

Excellent points......misappropriation of monies ..if you could get a total figure paid to Regal...that would be very useful.