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Cabot/Restons claimform - sainsbury credit card debt

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I've had a MoneyClain from the Northampton BC,

Sainsbury's Credit Card/ Cabot - Restons Solicitors).

 

I have acknowledged receipt through MCOL online and I'm filing a defence today.

 

I sent a CPR 31.14 asking for the documents mentioned in the Particulars of Claim.

 

I have this morning received a letter from Restons stating the reasons for not sending me the required documents.

 

I did try to speak with Restons when I first got the claim but their position was pay up now in full or else.

 

Pretty unhelpful and somewhat Cavalier.

 

I must send my defence today but haven't got any documents from the Claimant.

restons.jpg

restons2.jpg

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then that should be the first part of your defence,

you ask for the claim to be struck out under CPR 3.4 and 16.2 as the claimant hasnt shown how they arrived at the amount etc.

 

Also have you done a CCA request to the claimant?

If not get one sent and add a postal order to the letter.

 

they then have 14 days to get the required paperwork to you or cease collection activity.

 

The non compliance can be added to your defence if you have enouh time.

 

You dont say when you got the N1 or when you acknowledged so we cant help more with this until we know post up their claim so we know exactly what they have said and havent said.

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Name of the Claimant ? Cabot

 

Date of issue – 15.01.18

Acknowledged through MCOL 30.01.18.

 

Posted defence 09.02.18

 

What is the claim for – Credit Card

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? None to my knowledge.

 

What is the value of the claim? £3306.02

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit 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. Debt purchased by Cabot

 

Were you aware the account had been assigned – did you receive a No Ntice of Assignment? I don't remember seeing anything about it.

 

Did you receive a Default Notice from the original creditor? I must have I suppose I don't remember,

 

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

 

Why did you cease payments? I can't remember must be two or three years ago

 

What was the date of your last payment? I don't know

 

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 planlink3.gif? I wrote to all creditors to tell I was considering some kind of debt management

What you need to do now.

 

Answer the questions above

 

I sent CCA request on the 31.01.18

 

Send a CPR31.14 request

 

 

Restons replied today to say they can't comply with my requst SEE ATTACHED LETTER AT THE BEGINNING OF MY THREAD

Edited by dx100uk
formatting

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I've posted a defence today to the court. The basis of my defence is that I cannot obtain requested documents.

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Your defence isn't due until the 16th Feb, have you sent it already?

 

Also did you send a CCA to Crapbot? Just seen you sent it on 31/01/18

 

Can you post up a redacted copy of your defence?

 

Was your last payment within the last 6 years? If your not sure phone Sainsbury's and ask them when the last payment was

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Here a copy of the my defence.

 

Yes payments have made in the last six years

 

I send it in the post today as I'm going be away next week.

nydefence.jpg

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Ive asked one of the others to pop by.

 

I think you need help with your defence.

 

You can submit online if need be i believe.

 

So dont worry :) Let the guys pop by and help :)


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I tried to do it online but I could see how to do it. I did the acknowledement of service online.

 

Really big thanks to everybody for their help.

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I send it in the post today as I'm going be away next week.

have you already sent it?

seems so, just checking.


IMO

:-):rant:

 

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yes

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will you have internet access whilst away

you've not addressed the debt in that defence

ideally you need to file a correct one via mcol and email ccbc telling them to ignore the postal defence

 

 

that's a std letter restons reply they send to every CPR request.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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OK but I couldn't see how to file my defence using MCOL.

Yes I will have internet access while I'm away, but no printers or scanners.

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which you wont need

as filing the defence on mcol is a simple copy and paste jobbie

 

when do you go away

as from then you'll not know if a CCA reply has been forth coming?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi Guys did anyone have any more advice for my defence?

 

Best regards

Andy

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Hi Guys did anyone have any more advice for my defence?

 

Best regards

Andy

 

Does it read like any of the following.......?

 

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

 

Andy


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Doyou think this one would work OK

 

###### Defence ######

 

1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any

evidence of assignment/balance/breach as requested by CPR 31.14/Section 78.

 

2. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment.

 

Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under*

statute or equity to issue a claim;

 

 

3. As per Civil Procedurelink3.gif Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. 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 the Consumer Credit Act 1974.

 

5. 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.

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Doubt it solely relies on no paper work. Not rebutting the debt

Where is their poc?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi Guys, could someone check out the following Defence I've cut and pasted.

Best regards

Andy

 

 

 

###### Defence ######

 

1. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Restons, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

 

 

2. .It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78.

 

3. I am unaware of any legal assignment or Notice of Assignment.

 

4. Therefore the Claimant is put to strict proof to:

 

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

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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 the Consumer Credit Act 1974.

 

6. 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.

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that's not all our usual responses

 

can we have their POC word for word please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi Guys, could someone check out the following Defence I've cut and pasted.

Best regards

Andy

 

 

Impossible to check a defence without the particulars of claim.......akin to asking us whats the answer without telling us the question:|

 

Is there a particular reason you do not wish to divulge it ?

 

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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I have received the CCA from Reston's and its quite pixelated and is not clear to read. I wrote back to Reston's but they insist that it is fit for purpose. Please see attached letter and copy of the CCA.

 

My understanding is that it has to easy to read.

Could some advise me what I should do next or what I write back to Reston's.

 

Best regards:!:

Andrew

restons-CCA reply ilegible.jpg

Restons-ilegible CCA.jpg

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three threads merge please keep to ONE thread

upload everything to ONE multipage pdf read upolad


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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On the3rd of March 2018 I received from Cabot the CCA which was illegible and I told Restons that it could not be read clearly without some guesswork.

They informed me that was legible when I signed it!

 

Now I have received the attached letter of an offer to pay half with various term and condition and a deadline of the 23rd August 2018.

What should I reply them?

 

Surely if the CCA can't be read their case must fail in court.

 

The court action was put on hold at the request of Restons but looks they want to press ahead with the court claim.

reston-offer.pdf

Edited by dx100uk
spacing

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