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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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linz17

cabot/restons claimform - Next store card debt

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The letter from Restons & says re: Debt Managers v yourself

It says it is .a Pre Action Protocol and amongst the mounds of included paperwork

Item 6' says Am I entitled to see a copy of the actual agreement

 

Answer NO The letter of claim explains that your liability is for money outstanding under a credit facility arising from a written agreement.........

However you are now not entitled to see a copy of any actual agreement you signed ie the agreement with your signature on it.

 

A creditor when requested can provide a reconstituted copy ie a template of the original, so please do expect to see your sgnature'

 

Now I know that they do not have a signed copy or otherwise because at the time of the debt (Next) they said they had never had a signature from me & if they sent me an agreement would I sign & return????? of course I did not but it was only verbal with the person on my 'case'

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IS it definitely next they're bleating on about??

 

How long ago was it?

 

Have you checked your credit files?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Definitely Next, debt 1,150.00, Date of assignment says JUne 2016 & last payment March 2013, also they say 1991 first taken out Next Directory store card which is years out, 2006 at latest. I do not understand how these companies can buy a debt at reduced price then try and claim an amount that is higher/ I know for a certainty that I never signed anything.

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Yes the next debt and the pap letter is the most pressing

 

Start a new thread in the financial legal issues forum


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Not sure how to do that but will try!

 

shall I send a letter to Restons ( as detailed on this site reply to a PAP letter?)

I honestly do not know what they hope to achieve (apart from money paid at a low rate)

 

I am a pensioner with a disabled husband and am not interested in my credit rating as we do not require any.

If I go to court I know that I have not signed an agreement and Next know this also as I have said.

Should I send the letter & await their response?

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I have received a letter from Restons re: Debt Management Services v Yourself

It is a Pre Action Protocol letter and requests immediate payment of a debt last payment in 2013.

 

In the letter it says credit facility agreement on or around July 29 1991 (which is a blatant lie, it was 2006.

 

I am informed that I do not have the right to request a CCA and that the debt was obtained on or about July 9 2016 by Debt Managers (in fact it had already been passed around agencies because NO CCA was ever signed.)

 

I know this for a fact, as when I had difficulties with repayment, the rep. at NeXt told me they had never had a signed CCA & if she sent one out to me would I sign & return (which i DID NOT)

 

. It was a store card & I have been advised by a cag member to open a thread in legal matters.

 

Any help greatly appreciated, the debt is about 1.3k

Edited by dx100uk
Spacing

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Good well done

 

Can you scan up this letter where by restons say you cannot use a cca request please

 

Read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I have scanned the page but cannot upload!!

 

managed it.

Scan_20180501.jpg

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Pdf please read the guide


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Point 6

 

Thats been in Restons PAP letter since Oct 2017...they have decided of their own accord to rewrite the CCA1974 and inform all their debtors that only reconstituted versions of credit agreements are available should they decide to comply to a section 77/78/79 request....but your not necessarily entitled to ask for it. :-)


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Good ole Rectums, making it and winging it as they go along, silly fools, Also you've left identifiers on that document which need to be redacted.

 

I'd take that as their final opinion, and therefore ignore them from now on, send a copy of that silly missive to the FCA along with a complaint of their continued exploitation of a debtors lack of knowledge.

 

An agreement from 1991 WILL require an original agreement to be enforceable in court, they haven't got one, so no more correspondence need be entered into, log all of their harassment for future reference, and don't pay them a bean!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you all so much for your help!

 

I am feeling better about this now, it was the no cca that frightened me, because I know it does not exist and the date 1991 which is totally incorrect.

 

Also I knew I am a bit thick but how do I redact the doc?

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Read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Help again please!

I sent a CCa request to Restons - I know that a CCA does not exist.

No response except for a County Court Business Centre Claim against me.

 

I have tried to enter a defence but the 'password' given is incorrect.

Am I being exceptionally distrustful in thinking that Restons have sent me these forms as a threat?

 

When I entered the http://www.moneyclaim.gov.uk details it appears to be only a form of repayment centre! C

 

So I have no CCA, it is over 7 years old and under £1700.

 

Need I be as worried as I am?

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hello, After reading a thread I was directed to (cannot download it IT not brilliant)

 

I have sent a copy of my request to Restons for CCA,

attached a defence list,

age of debt/no CCa etc etc and

 

am posting this am tracked delivery,

 

on the claim form they submitted it vaguely says 'between 1991 & 2013' which is a total lie.

 

Have backed this up by my retirement dates and general time wasting facts

 

, I just cannot fathom how they can ignore requests for CCA & blithely, without docs & facts send it to a Business Court for recovery!!!!

Fingers crossed for me please!

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Have you actually received a court claim for this from Northampton...difficult to determine from your postings what you are actually referring to ?

 

 

Andy


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then fill out the N1 form and return it ticking the box saying you defend in full. Yoyur defence it that

 

1. It is statute barred and

 

2 in any case the plaintiff have failed to respond to a CA request so they cant take action evebn if 1 is incorrect

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Prefer our Users to use the on line portal and respond through MCOL....far more secure and free.

 

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

 

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The document is headed'Claim Form

' then box stating it is in the County Court Business Centre

 

then claim number issue date etc N1SDT claim form 04.14.

 

Then the form that I have is sent in .

 

I tried to register online but the password that was included would not take,

 

Strangely it went to Restons then dropped out !

 

I am assuming that it is a Court Paper???

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So n1 claim from northants bulk court then..not restons


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Sorry, this thread you mention is a different case &, how do I fill it in please?

 

Sorry to be so useless but ????

 

Also, will Restons have contacted this Court for the hearing, or is it just a financial transaction site?

It is shown as such, with payment arrangements.

 

Will I be 'judged in my absence' and it puzzles me that it is a Business Court & not small claims.

 

There is no CCA so how can Restons pursue it.

 

I apologise in advance for being stupid.

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sorry wrong link

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

its not a business court

its northants bulk issuing court

their 'business' is to issue bulk claims


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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