Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***

[dx100uk]

then as post 21

[tomtom013]

ok, thank you! I will get them sent asap

[dx100uk]

why?

 

dx

 

[tomtom013]

oh sorry, I though i was meant to - sorry im easily confused! I mean ill wait until I get a letter

[tomtom013]

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim?

 

Also am I ok to set it out in bullet point like I did with my original witness statement?

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement? 

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

[dx100uk]

yes as post 23

[AndyOrch]

2 hours ago, tomtom013 said:

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim? No that was your defence....this is a statement in response to their application

 

Also am I ok to set it out in bullet point like I did with my original witness statement? You have not submitted a statement yet..you have submitted an initial defence..lay it out same as the claimants statement 

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement?  Correct

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

Post your draft here for checking in PDF format.

 

Andy

[tomtom013]

Hi again,

 

I have rewritten my response and intend to send it off tomorrow.  I wondered if you  would be prepared to have a read before \i do?

 

No worries if not!

 

Thank you

[AndyOrch]

Sure post it here in PDF format and I will run through it in the morning.

[tomtom013]

Great thank you!

Cag.pdf

[dx100uk]

likewise, I also request my costs being..

 

English/grammar needs a tidy but well done

[tomtom013]

Thank you! 

 

Done and ready to send 

[AndyOrch]

I personally would not be submitting the above.... that requires far more work.

 

Your response should be along the lines of the following.....post #154

 

https://www.consumeractiongroup.co.uk/topic/395850-cabotrestons-claim-form-2-old-lloyds-credit-cards/page/7/#comments

 

Andy

 

[tomtom013]

Lovely, thank you for your feeback.  Back to it! 

[tomtom013]

Hi andyorch and dx100uk,

 

is it possible to email you?

 

thanks

[dx100uk]

pm advice is not allowed unless its pers info which cannot be placed in the public domain

[tomtom013]

ok fair doos,

 

just wanted a bit of advice after the hearing this week, can i put it all down on here?

 

 

[dx100uk]

sure..

better here then everyone can help

and it helps future readers p'haps in like situation 

[tomtom013]

Great, thank you! Will get the children settled, then post 

[tomtom013]

sorry it took so long to reply back

 

i went to the hearing about three weeks ago.

Arrived and signed in, the solicitor heard me and seemed to look dismayed that i had turned up. 

 

I waved and said hello poiltely. 

Sat down

- unfortunately the only free seat was near him.

 

He leaned over and asked me if I needed to know anything, I politely said no thank you. 

He then said, there are a few more cases before ours so we probably would be waiting about 2/3 hours.

I felt like he was trying to psych me out, I could be wrong - maybe he was just being helpful. 

20 minutes later we were called in.

 

We went into the court room and began.

The judge said the only sticky point was whether the default notice had been sent.

He looked at the screen shot that supposedly said the default notice had been sent. 

 

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

the solicitor seemed flustered. 

 

the judge said it would need to go to trial. 

I mentioned that this process has been ongoing for over 16 months with the case being stayed because they hadnt yet sent the requested default notice yet so they obviously havent got it. 

 

The judge asked me what I wanted him to do. 

I cheekily asked him to strike out the claim

- luckily he has a slight sense of humour and didnt take this negatively. 

 

He stated there wouldnt be any point doing this as the claimant could get a default notice and re start a claim. 

a trial was requested with no further fees as they had lost. 

 

The judge said to me,

"You have won the battle, but not the war yet!"

He also advised that all the debt collector wanted was the money I owed, so to think carefully about what I was going to do.

 

As we left, the solicitor said that he didnt actually work for restons and said that all they would do was use a reconstituted (think that was what he called it) default notice letter like they did with the credit agreement.

He said that they will use another notice and just copy and paste my details and the date onto it and use that. 

 

I said that sounds a bit faudulent to me. 

He replied, well thats what they probably did with the credit agreement. 

Then he said, if you phone restons and offer £900 to settle (the whole claim is £2600 with fees), they would snap my hand off.

  I said thank you and left.

 

A few days ago I received a letter from the court detailing the outcome from the hearing.

 

Then yesterday, I received a letter from restons stating that the claimant (cabot) are discontinuing the claim and have logged this discontinuiation with the court and all further correspondance needs to be to cabot.

 

Now, what do i do now? 

Is this another tactic in the long winded game? 

Will cabot now re-hash a default notice and start another claim? 

 

Thank you  -sorry for the long post!

[dx100uk]

you've won

 

end of

 

last you'll hear about it.

 

aw poor restons..

nice to see the locum admitting what we have know for ages about DCA's though...copy and paste jobbies everytime!!

[tomtom013]

yea it doesnt seem right, however, i guess the lesson to learn is to pay what you owe 

 

Thank you for all of your help - id be happy to send you a copy of my reponse if it would help 

[dx100uk]

throw the morality card out the window!!!

 

if DCA's can fake paperwork, that's a far worse situation.

[tomtom013]

True! I will take that

[AndyOrch]

Well done.....decent judge by the sounds of it...

 

Quote

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

 

Which is what we state and include include in every statement involving Restons......and to make matters worse the screen shot is from Restons own software and some Judges fall for it.

 

Thread title amended.

 

Andy