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Hello and a little help please for loan debt

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Re: Hello and a little help please for loan debt

Post by homerishome on Wed Feb 21, 2018 3:43 pm

Hi Tiggy

Thanks for you swift response, it's very good of you and everyone here to help others.

Should I write a letter back to Restons? Is there a std response letter to send back (seeing as that's pretty much all they send)
What have other people done at this stage?

Thanks

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Re: Hello and a little help please for loan debt

Post by Tiggy on Wed Feb 21, 2018 4:02 pm

I wouldn't bother with Reston's, I'd just send it to the Court and ask them to place it on the Court File as evidence that the Claimant does not have the documents required to prove their case.

Copy that to Restons.

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Re: Hello and a little help please for loan debt

Post by homerishome on Wed Feb 21, 2018 5:29 pm

They haven't started court proceedings yet? Do you mean if they do start action in the next 14 days.

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Re: Hello and a little help please for loan debt

Post by homerishome on Mon Mar 12, 2018 7:25 pm

Evening all.

So it's been well over the 12 working days since we sent the S77 letter to Cabot and not had anything back, do we normally send a following up letter pointing this out etc?

Also since Restons last letter, not heard from them either, they gave us 14 days to pay or court proceedings would be commenced!

Thanks

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Re: Hello and a little help please for loan debt

Post by Tiggy on Tue Mar 13, 2018 11:27 am

@homerishome wrote:Evening all.

So it's been well over the 12 working days since we sent the S77 letter to Cabot and not had anything back, do we normally send a following up letter pointing this out etc?

Also since Restons last letter, not heard from them either, they gave us 14 days to pay or court proceedings would be commenced!

Thanks
They have 12 days to respond to a request for the copy agreement otherwise it's unenforceable at court 'whilst the default remains'.

So unless they find the agreement then there's nothing they can do, but if they do find it it's quite likely they will proceed, now it's a waiting game.

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Re: Hello and a little help please for loan debt

Post by Ausk on Wed Mar 14, 2018 8:46 am

@daveiron wrote:Hi & welcome,

I think it would probably be best ,if they are sending you both separate letters ,that you both respond with separate letters . As they are doing this it will mean they will try to claim against you individually .

Regarding the amount of occasions requesting docs, this is assuming that you started the process from the beginning starting with the original creditor.
just insert the number of times you have requested the docs from anywhere,so if you have never requested before just delete that one.

As above the 9 times relates to the amount from the start of the process.

Head them all  NOTICE-IN-WRITING ( I dont use bold anymore or deviate from standard text ,as you start getting in the realms of Glossa. When you use all caps as above always put a hyphen between the words.

Just send to CEO & cc .collections ,that's all you need.

Suggest REMINDER be used in place of NOTICE.

This affords them the opportunity to correct what would otherwise be a dishonor, it enables the sender to remain in honor and it makes it harder for them if they don't respond, because they were given a reminder notice.

Their failure to respond puts them into dishonor and out of favour with the court.

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Re: Hello and a little help please for loan debt

Post by homerishome on Fri Mar 16, 2018 3:57 pm

Ok, so they have filed for court, recived the papers today.
So I've had nothing back from the SAR that I sent to Cabot, I presume the best course of action will be defending in full by the fact they haven't sent any proof of the debt? Going to return (via the website) the acknowledgment of service.
How can they send this to court after a asking for proof of the debt and getting nothing back apart from replies from Restons that were meaningless?

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Re: Hello and a little help please for loan debt

Post by Tiggy on Fri Mar 16, 2018 5:36 pm

@homerishome wrote:Ok, so they have filed for court, recived the papers today.
So I've had nothing back from the SAR that I sent to Cabot, I presume the best course of action will be defending in full by the fact they haven't sent any proof of the debt? Going to return (via the website) the acknowledgment of service.
How can they send this to court after a asking for proof of the debt and getting nothing back apart from replies from Restons that were meaningless?
If the debt is under £10k you send a CPR18 Request for Further Information, if over £10k then a CPR 31.14 Disclosure of Documentation

I think you've already sent a request for a copy of the agreement, so in your defence submission (which has to be with the Court within 33 days of issue date of the claim) you state you've made a request and that Restons have refused to comply and as such it is unenforceable at Court against you.

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Re: Hello and a little help please for loan debt

Post by homerishome on Fri Mar 16, 2018 6:56 pm

@Tiggy wrote:If the debt is under £10k you send a CPR18 Request for Further Information, if over £10k then a CPR 31.14 Disclosure of Documentation

Yes debt is over £10k, where do we send the CPR31.14? I have used the search thingy but can't find it? Any ideas where to get a copy to send?
@Tiggy wrote:
I think you've already sent a request for a copy of the agreement, so in your defence submission (which has to be with the Court within 33 days of issue date of the claim) you state you've made a request and that Restons have refused to comply and as such it is unenforceable at Court against you.

Yes sent a S77 direct to Cabot and Cc'd Restons.

Do I scan in Restons letters and attached them to my defense, as they were both very ambiguous.

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Re: Hello and a little help please for loan debt

Post by homerishome on Fri Mar 16, 2018 10:52 pm

Ok, so been reading alot of other posts on here, I think I've found the CPR31.14 as below, can someone just confirm this is the correct / latest version? Also do I send this off now to Cabot and Restons before I submit my defense? I presume yes as if they don't respond within the 7 days then that adds to my defense.

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request [If over £10,000]

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgment of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of assignment*
3 The notice of assignment*
4 the default warning letter*
5 The default notice*
6 The termination notice*
7 [any other documents mentioned in the Particulars of Claim]*
* delete if not mentioned or mentioned by inference in the Particulars of claim.
[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#
# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

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Re: Hello and a little help please for loan debt

Post by Tiggy on Sat Mar 17, 2018 9:40 am

Send it to Restons and yes, you add into your defence that they've failed to respond to the CCA request within the prescribed 12 days and as such under Section 77.6 the debt is unenforceable against you.

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Re: Hello and a little help please for loan debt

Post by homerishome on Sun Mar 18, 2018 4:22 pm

Ok great, I'll send that off to Restons and Cc Cabot in on the CPR31.14 right away, then go online and sort out the Acknowledgement of service.
Then for my defense, are there any optimal ways to present this information? Anyone got a good example of what it should contain? I know I will tailor to suit the facts of my case etc.

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Re: Hello and a little help please for loan debt

Post by homerishome on Mon Mar 19, 2018 3:26 pm

@Tiggy wrote:Send it to Restons and yes, you add into your defence that they've failed to respond to the CCA request within the prescribed 12 days and as such under Section 77.6 the debt is unenforceable against you.

Hi Tiggy

So just to clarify, do I send my defense off now and state the above about the CCA or send off the CPR and wait the 14 days to file my defense?
As I understand it, I can only submit one defense (without applying to vary it) so it has to be rock solid.

Thanks

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Reply from Restons

Post by homerishome on Thu Mar 29, 2018 3:23 pm

Restons have sent the attached reply to the CPR31.14, they have not provided one thing and now this letter!
I presume that I just file my defense as already discussed, that they haven't provided one bit of evidence we owe the debt to Cabot?
Attachments
2.jpg You don't have permission to download attachments.(235 Kb) Downloaded 3 times

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Re: Hello and a little help please for loan debt

Post by Tiggy on Thu Mar 29, 2018 7:44 pm

Add into your defence that you've sent a disclosure of documentation request along with a request for a copy of the agreement (see attached). Neither request has been fulfilled by the claimants Solicitor, therefore, you are submitting a defence at a disadvantage and retain the right to vary your defence should the claimant supply the information requested.

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Re: Hello and a little help please for loan debt

Post by Tiggy on Sat Mar 31, 2018 11:16 am

@Pat65 wrote:Just for your reference
there is no S77(6)

In your defence it is S77 (4) which makes the account unenforceable

By the way , is the claimant Cabot Financial UK - they are unlicensed and while I know it seems to stop the claims getting to court I do not know how to argue it  

They are working under a Service Agreement for another member of their Group who are FCA Registered, it's a loophole in Financial Services & Markets Act 2000.

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Re: Hello and a little help please for loan debt

Post by homerishome on Tue Apr 03, 2018 9:18 am

Great help, thank you Tiggy and Pat65.

Yes claimant is Cabot.

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Re: Hello and a little help please for loan debt

Post by Tiggy on Wed Apr 04, 2018 12:44 am

@Pat65 wrote:Cabot Financial (uk) ltd is unlicensed, other incarnations of Cabot may not be

E. Appointed representatives
The FCA will allow certain regulated activities to be carried on by appointed representatives (who are not themselves authorised) where an authorised firm (the principal) appoints the representative on the terms prescribed by the FCA rules. The authorised firm remains fully responsible for any misconduct by their appointed representative during the course of carrying on the authorised firm's business. The rules require the principal to establish, implement and maintain adequate policies and procedures to ensure that the agent complies fully with the principal's regulatory obligations (CONC 14.1.4.R(1)).9

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Re: Hello and a little help please for loan debt

Post by Tiggy on Wed Apr 04, 2018 11:56 am

@Pat65 wrote:If Cabot UK are the owner of the debt they are unauthorised as well so the argument over appointed representatives is pointless

This was my point- many debts are still owned by Cabot Financial (UK) - sadly I do not know how to argue as I have not seen the skeltons that have. I think it is something Cabot UK will have to address pretty quickly
Someone, on the old site did try it as their sole defence (against my advise I hasten to add). It got completely destroyed by their Solicitors who were way more clued up on the ins and outs of the Financial Services and Markets Act 2000, if you want to use it as a defence / argued I would suggest that would be your starting point.

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Re: Hello and a little help please for loan debt

Post by homerishome on Tue May 01, 2018 3:30 pm

I'm still waiting to see if they indicate they wish to proceed with the court (after the defense was filed)?
But in the mean time I have checked my credit report and Cabot have added the court fees etc to the balance indicated on my credit report! Are they allowed to do that?

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Re: Hello and a little help please for loan debt

Post by homerishome on Fri May 11, 2018 12:39 pm

@homerishome wrote: I have checked my credit report and Cabot have added the court fees etc to the balance indicated on my credit report! Are they allowed to do that?

Anyone know?

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Re: Hello and a little help please for loan debt

Post by waylander62 on Mon May 28, 2018 7:35 pm

@homerishome wrote:I'm still waiting to see if they indicate they wish to proceed with the court (after the defense was filed)?
But in the mean time I have checked my credit report and Cabot have added the court fees etc to the balance indicated on my credit report! Are they allowed to do that?

this claim is heading for the fast track if it goes ahead, i wouldnt think that you included it in your defence but you should always reserve the right to apply for costs in defending these claims.

if they discontinue or the claim becomes stayed, i would seriously consider an unless order to have the court force them to comply with your CCA request and also cpr 31 request. If they discontinue then an application for costs can still be made.

also it would not hurt to raise a preliminary issue in relation to not being regulated, i wouldnt use it as a main defence but can certainly request the court hear it as a preliminary issue.

we let these b*stards get away with too much.

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Re: Hello and a little help please for loan debt

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