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

[tomtom013]

My wife received a court claim regarding an outstanding credit card debt with Marbles.The court claim was initiated by Restons on behalf of Marbles on 03/2018. My wife put in her defence shortly after and Restons failed to respond in the allocated time.

 

Restons then followed up with information that she requested in her defence and has subsequently requested settlement and asking her to withdraw her defence on 2-3 occasions. 

 

On Friday she received a letter from Restons stating they have served an application notice with supporting evidence and are seeking judgement without a hearing.

 

In a nutshell.

Failing this they are requesting

1) To lift the stay on proceedings

2) Strike out her defence

3) Alterative to the above, an order of summary judgement.

4) Defendant pays claimants costs

 

Can anyone please give advice on the best route for my wife to take.

Thank you in advance

[dx100uk]

standard practice for reston on stayed claims.

n244 threats to lift the stay and strike out going for a SJ I expect?

 

you sure the claimant was marbles? they don't exist anymore themselves?

[AndyOrch]

I cant see any existing thread on this so we have no history......to enable advice.

 

Please read the following and copy the Q,s and your responses back here please.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

We will also need a copy of the defence submitted.

 

Thread title amended

 

Regards

 

Andy

 

[tomtom013]

Hi dx100UK,

 

Yes its definitely regarding a Marbles debt. Its no longer just a threat, as Restons have actually gone through with and sent my wife a copy of the application notice. 

[dx100uk]

as they do

but UNTIL the cOURT writes its just a std threat from them we've seen 100's of time here before

the debt might be a marbles card on but I bet bottom dollar its a DCA not marbles that are the claimant

can you answer andyorch's questions above please

[tomtom013]

Hi, yes thanks again. I am getting my wife to pull out all the info as it dates back to 16 months ago. I will post back once she has found this.

 

Thanks again

[tomtom013]

Hi Andy,

 

Thank you in advance for any help that you can offer! Here are the answers to the questions:

 

Name of the Claimant ? - Cabot Financial (UK) Limited. (The original debt is with New- Day Marbles credit card,)

 

Date of issue – 5th March 2018

 

Particulars of Claim

 

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and New Day dated on or about Jun 22 2015 and assigned to the Claimant on Oct 05 2017

 

What is the total value of the claim?

 

Default Balance - £2003.26

Court fee - £105

Legal representative's costs - £80

Total amount - £2188.26

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I received letters saying they could take court action 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No, same address

 

Did you inform the claimant of your change of address? N/a

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 April 2007 ? After April 2007 - 2015

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online 

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

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. - The claim was issued by Cabot Financial, the debt purchaser who the account was assigned to.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I was aware

 

Did you receive a Default Notice from the original creditor? I can not remember receiving a default notice (however Restons have sent me a 'screen shot' stating that one was sent). 

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I received a notice of sums in arrears on 7.8.17, the year after this, it had gone through the court already.

 

Why did you cease payments? Financial hardship plus illness - diagnosed with anxiety and I had just had a baby. Not an excuse I know!

 

What was the date of your last payment? 2 Feb 2017

 

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

 

This is a copy of my defence:

 

I am defending this claim for the following reasons.

1. I am unable to admit liability as I have not seen any proof
that this is my debt, including an original final credit
agreement. I therefore, politely request a copy of the CCA
pursuant to s.78(1) of the Consumer Credit Act 1974.

2. I can not recall having received any default notices from any
organisation, under Sec 87 of the CCA 1974. I need to see evidence
of these default notices also under Sec 87 of the CCA 1974.

 

the recent correspondence restons have sent me with their witness statement states that they have delayed their defence due to collecting more evidence.

 

They have sent me this evidence however it is exactly the same as what they sent me in January 2019.  

 

In addition, the witness statement explains that a screenshot from the original creditor evidencing that a default notice was issued on 26 th april 2017.

 

However, they have not sent me a copy of said default notice - they have included lots of statements though. 

 

Thanks, Amy

 

[dx100uk]

can we have the FULL POC as from the claimform please.

 

and scan up restons WS inc all the exhibits [don't need statements]

to one PDF file

read upload

 

 

[tomtom013]

Hi,

 

That is the full POC on the claim form:

 

The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and New Day dated on or about Jun 22 2015 and assigned to the claimant on Oct 05 2017

 

PARTICULARS a/c...…...

Date                   Item                              Value

26/01/2018      Default balance           2003.26

                            Post Refrl Cr                NIL

                        

                            Total                              2003.96

 

The Restons WS is 105 pages long including letters etc.  There are a lot of marbles statements in there plus letters from marbles, cabot and restons.  Are you wanting them all minus the statements from marbles?  Can I screen shot them and upload them?

 

Thank you 

 

 

[dx100uk]

use a scanner please <£25 nowa days.

we dont need statement.

but need their full WS + exhibits

 

thats a really brief poc.

 

[dx100uk]

had to hide that 

pers info on page one not checked the rest yet looking

dx

 

[dx100uk]

claim number not redacted throughtout pages

other refs no's showing

 

point 7 address showing twice

 

all cabot letter sdhave ref no.

 

dx

 

[tomtom013]

Hi dx,

 

Did you remove the pdf file my partner posted?

 

Should I ask my partner to remove all cases no's, adress etc and upload once more?

[dx100uk]

there is rather a lot to redact else id do it

using bits of paper is not really the way.

leave it there no-one bar you and siteteam can see it.

see what andyorch says.

 

but a couple of things pricked my eyes.

they want a paper only hearing.  you must object 

a lot to me seems like hearsay evidence esp as they make pains to ref phonecalls and internal databases not original information from the OC.

also those court cases they use as presendence.. I don't think apply here. 

 

[tomtom013]

Thank you for your comments so far.  

 

Can I ask how do I object to the paper only hearing please?

 

Thank you

[AndyOrch]

You dont need to object...the court will insist on a hearing anyway...just Restons trying it on on the cheap...as with every other thread they are always denied.

[tomtom013]

Ahh ok, thank you.  So do I just sit tight and wait for the court to send me another letter?

 

Thanks again

[AndyOrch]

Yes the court should advise you of a hearing date...but dont sit too tight you now need to draft a statement in response and objection to their statement as to why the stay and Summary Judgment should be denied.This must be filed/served not less than 7 days pre hearing date.

[tomtom013]

ok, do i do this now before i hear anything from the court? Do I send the statement to both the court and restons?

 

Sorry for all the questions!

[AndyOrch]

Depends you may get a hearing in 3 months or in two weeks...depends how fast you can draft a response.Yes once you have a date you must file and serve...file and serve meand file with court and serve a copy on the solicitor....but only 7 days before the hearing.

[tomtom013]

One other thing. Is it resonable to request the court to stirke out the claim on the grounds of Restons not offering anything new from when the cliam was stayed due to them not responding to my defence in time and on continuing to waste court time. 

[AndyOrch]

Not really because they have provided all their disclosures with their application now......concentrate on opposing their application and discrediting their evidence before asking to strike out the claim.

[tomtom013]

Hi again,

 

Hope i am ok to ask another question? Do I send this reponse now, while im awaiting correspondence from the court or do I wait until I hear from the court?

 

Many thanks for your help!

[dx100uk]

re post 21

got a date yet?

 

[tomtom013]

No, I havent received anything yet