Cabot/Restons claimform - old catalogue 'debt'

[mitsy]

Name of the Claimant ? Cabot

 

Date of issue –31/01/2017

 

What is the claim for –.

 

1.The Claimant claims payment of the overdue balance due from the Defendent(s) under a contract between the Defendant(s) and JD Williams Ltd.

Dated on or about Dec 20 2014 and assigned to the claimant on July 06 2016.

 

What is the value of the claim? 900.34

 

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

 

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

 

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? not sure

 

Did you receive a Default Notice from the original creditor? dont think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ? no

 

Why did you cease payments? financial difficulty

 

What was the date of your last payment? july 2015

 

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? no

Hi, i acknowledged the claim on line and sent out a CCA to Cabot and a CPR 31.14 to Restons and i have never had a reply yet from anyone. the deadline for the defence is this sat i believe so i will need to get it in by 4pm friday?

 

Any idea what i could put in the defence please.

[dx100uk]

4pm Friday.

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Cabot/Restons+claimform+-+old+catalogue+'debt'+&sa=Search+CAG#gsc.tab=0&gsc.q=Cabot%2FRestons%20claimform%20-%20old%20catalogue%20'debt'&gsc.page=1

[renegadeimp]

If cabot have it then its a lemon debt. Theyve gone to court hoping to get a default judgement before you can do anything. They dont deal with enforceable debts. They just hope to get judgements through so they can leech.

 

Start doing your research

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?467513-Cabot-Shoesmiths-claimform-Old-Cat-debt

 

 

dab hand at these claims already I see mitsy

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?467513-Cabot-Shoesmiths-claimform-Old-Cat-debt

 

 

dab hand at these claims already I see mitsy

 

And no conclusion on that claim?

 

Andy

[mitsy]

And no conclusion on that claim?

 

Andy

 

Hi Andy it was my husband who was dealing with these and we are no longer together, there was no more action as the account still has the defense with no reply.

 

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and JD Williams Ltd.

Dated on or about Dec 20 2014 and assigned to the claimant on July 06 2016.

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section78 CCA request and a CPR 31.14 request.

 

2.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served by the Claimant at all.

 

3.Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the service of a Default Notice pursuant to sec87(1) CCA1974;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim pursuant to s.136 of the Law of Property Act.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of consumer credit Act 1974.

 

6. On the 22nd Feb 2017 I made a legal request by way of a section 78 request to the Claimant. And a CPR 31.14 Request to the Claimants solicitor, The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited March 2, 2017 by Andyorch
Edited

[AndyOrch]

Many thanks mitsy for the update so still stayed.

 

Regards

 

Andy

[AndyOrch]

Defence checked and edited ....

[mitsy]

Bit of an update.

 

I posted the defence on Friday and on Sat I received a reply from Cabot saying they can't action my requests as the documents are with Restons/Shoesmiths.

 

But the claim number they used is from the debt from last year that is still stayed and I haven't heard anything from them till now.

 

 

I also received a letter on Saturday from Shoesmiths still referring to the same debt from last year, they confirm they are still waiting for the documention request from Cabot which totally contradicts what the Cabot letter says.

 

They also state "Our client has confirmed that purely on a commercial bases and in order to draw this matter to a conclusion, they would be willing to accept £400"

 

So I get 2 letters out of the blue and from a debt from last year that with the postal order refunded from a different enquiry and a reply from Shoesmiths and not Restons.

[dx100uk]

never mind they never did have a case

[AndyOrch]

Bit of an update.

 

I posted the defence on Friday and on Sat I received a reply from Cabot saying they can't action my requests as the documents are with Restons/Shoesmiths.

 

But the claim number they used is from the debt from last year that is still stayed and I haven't heard anything from them till now.

 

 

I also received a letter on Saturday from Shoesmiths still referring to the same debt from last year, they confirm they are still waiting for the documention request from Cabot which totally contradicts what the Cabot letter says.

 

They also state "Our client has confirmed that purely on a commercial bases and in order to draw this matter to a conclusion, they would be willing to accept £400"

 

So I get 2 letters out of the blue and from a debt from last year that with the postal order refunded from a different enquiry and a reply from Shoesmiths and not Restons.

 

Are you mixing two claims here Mitsy Shoosmiths for one...Restons for this one...Both with Cabot ?

 

Andy

[renegadeimp]

They also state "Our client has confirmed that purely on a commercial bases and in order to draw this matter to a conclusion, they would be willing to accept £400"

 

or in laymans terms:

 

Please give us something, as we know you are calling our bluff, and if we go to court we wont get a penny.

[mitsy]

Are you mixing two claims here Mitsy Shoosmiths for one...Restons for this one...Both with Cabot ?

 

Andy

 

Both are with Cabot Andy but found it strange that Shoesmiths replied out of the blue when I sent Restons the cpr request. I haven't had a reply from Restons yet.

[AndyOrch]

Well you only deal with the Solicitor named on the claim form...this claim has nothing to do with Shoos.

[mitsy]

Just had a letter from Restons.

 

"please find enclosed a draft letter which purports to come from you but which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

 

Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response".

 

I printed my name on the cpr request so does that mean I need to send another out hand signed? I have heard nothing back from the court other than accepting my defence and staying it will be stayed if they don't reply within 28 days.

[Old Cogger]

usual Rectums nonsense rebuttals, why are they corresponding with you at your address, are they divulging personal information of others ? nincompoops they are!

[renegadeimp]

Send it recorded mail and call their bluff. You dont need to sign it. As stated, they know who you are, they know where you live. Or they wouldnt have released ANY info.

 

Personally i'd be cheeky and say " if you dont think i am who i am, why are you sending private and confidential information to me? Perhaps i should inform the regulator and ICO"

[dx100uk]

ignore it

its quite std for them.

don't return it

their problem not yours

 

 

std reply if you go read other threads as you should be already

[Guest]

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

that is funny seeing that they pestons have just issued a claim re you at your address...

and, you have defended it to the court..

and, their cabot have been writing to you..

[mitsy]

Update*

 

Just received another letter from Restons.

 

We note you have recently filed a defence to the court proceedings against you.

 

By way of explanation, Cabot Financial (UK) Limited is a Debt purchaser. We would advise that this is a simple debt recovery action and the relevant facts are as follows.

 

1. The outstanding balance is refered to in the particulars of the claim related a Simply Be Facility with a count number ******, Out clients records indicate that the original Credit Agreement was dated on or about **/**/2014.

 

2. Statements of the account would have been sent to you on a monthly bases during the lifetime of the account. Such statements will have identified any items of expenditure, payments made towards the account, the application of any contractual interest/charges and the outstanding balance.

 

3. You failed to maintain the minimum monthly payments as required by the statements of account and accordingly, Jd Williams Ltd terminated the credit agreement.

 

4. In line with the terms and conditions of the credit agreement, the original creditor had a contractual right of assignment, in other words, Jd Williams was entitled to transfer their rights and benefits under the Credit Agreement to a third party and that right was exercised. Around the time of the assignment you should have received a letter from the original creditor advising you that the account had been assigned to a third party and you should also have received a Notice Of Assigmement Frim Cabot Financial (UK) Limited.

 

Furthermore, this firm was instructed in the **/**/2016 and a letter before action was sent to you in compliance with the Practice Direction-PreActionCinduct and Protocols.

 

In light of the above, we respectfully suggest you check your own personnel records as the documentation you have requested has previously been provided to you throughout the lifetime of your account.

 

We note your reference to a request you made under CPR 31:14 in the 22nd January 2017, whereby this was unsigned, we responded to you on 13 March 2017 requesting the correspondence to be sent again with your signature, a response it yet to be received. We also note that you make reference to the Claim Form which you state received on 05 February 2017.

 

We are unsure as to how you have made your request on a letter dated 22nd January 2017 when you did not receive the Claim Form on 05 February 2017, it is our belief that the letter is incorrectly dated.

 

You have requested copies of documents allegedly mentioned in the particulars of the Claim, however, the documents you have listed are not mentioned in the particulars of the Claim, therefore the Claimemt will not provide them under this request.

 

In view of the information set out in this letter. We do not believe your Defence has any real prospect if success and we will therefore recommend your our Client that an application to be made to strike out the Defence and to enter judgment against you for the full amount claimed together with legal fees and costs. Should you wish to avoid these further costs being incurred then we invite you to withdraw your Defence by completing the enclosed Form N9A and returning it to this office within 14 days.

 

Alternatively, our Client is prepared to consider Andy reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation. Please contact the office within 14 days should this option interest you.

[renegadeimp]

Standard rubbish from them. They know they havent got a leg to stand on, so they bluff you with a bunch of lies, and throw in a couple facts ( such as date of claim form) to blindside you and think theyre right.

[Old Cogger]

they are at play school still Rectums -- and they are suppose to be a business grrrrrrrrrrrrrr

[AndyOrch]

So they did respond ( in a fashion even though its a template) without your signature after all ?

[mitsy]

So will they just as for it to be struck out as my defence is wrong?