Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» \derbyshire Po-lice's Turn
by assassin Today at 2:01 am

» More Smart Meter - The New Scam
by freeland Today at 1:46 am

» Advice needed for dealing with a dca
by danta007 Yesterday at 10:07 pm

» CCJ circa 2013 vs Santander, now Cabot/Mortimer Clarke chasing
by waylander62 Yesterday at 8:14 pm

» Food Fairs
by daveiron Yesterday at 6:39 pm

» Raconteurs News and Sol Excalibre
by eargoggles Yesterday at 2:42 pm

» Sister owes creation finance £20000
by waylander62 Yesterday at 12:24 pm

» Halifax overdraft victory!
by waylander62 Mon Jan 21, 2019 9:40 pm

» Threatened bankruptcy proceedings
by ande Mon Jan 21, 2019 8:26 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Jan 21, 2019 7:41 pm

» EU and Common Law
by assassin Mon Jan 21, 2019 6:49 pm

» Old member of GOODF
by assassin Mon Jan 21, 2019 2:17 am

» DWP taking alleged JSA overpayment from 2013 from my State Pension and ignored letter asking for details and to stop
by davidg4039 Sun Jan 20, 2019 5:32 pm

» Police search warrents
by daveiron Sun Jan 20, 2019 1:46 pm

» remedy for P.C.N/COUNCIL TAX
by daveiron Sat Jan 19, 2019 3:02 pm

» Robinson way success
by nautilous Sat Jan 19, 2019 10:20 am

» Ceylon
by Mrblue2017 Sat Jan 19, 2019 8:37 am

» Introducing
by freeland Sat Jan 19, 2019 2:14 am

» posting a reply
by freeland Sat Jan 19, 2019 2:12 am

» BBC name sex abuse victim.
by midnight Fri Jan 18, 2019 9:50 am

» An Afternoons Thoughts
by assassin Thu Jan 17, 2019 4:05 pm

» Nottinghamshire Police In Action
by daveiron Thu Jan 17, 2019 12:11 pm

» My way of dealing with DCA
by barnwebb Wed Jan 16, 2019 8:57 pm

» DWP Information Appeal
by Kestrel Wed Jan 16, 2019 8:07 pm

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Jan 16, 2019 7:21 pm

» Man gets a visit from the Chilli Sauce Police!
by Society of the Spectacle Wed Jan 16, 2019 7:19 pm

» Brexit Survival
by assassin Wed Jan 16, 2019 3:15 am

» RBS Credit Cards
by daveystoat Tue Jan 15, 2019 11:23 am

» Your credit debts written off.
by Society of the Spectacle Mon Jan 14, 2019 6:43 pm

» Credit card agreement misfiled and they can't find it!
by Prometheus Mon Jan 14, 2019 11:19 am

» Postal Speeding Notice
by Ausk Mon Jan 14, 2019 8:07 am

» Will a debt purchaser register a new, more recent default?
by Mrblue2017 Sun Jan 13, 2019 10:06 pm

» Brown all CAPS window letter with "Defendant" visible!
by waylander62 Sun Jan 13, 2019 8:38 pm

» More Food Truths
by assassin Sun Jan 13, 2019 2:44 am

» Project Fear
by assassin Sun Jan 13, 2019 1:48 am

» Hello - Great to Find You!
by assassin Fri Jan 11, 2019 12:35 pm

» speeding tickets
by LionsShare Fri Jan 11, 2019 10:28 am

» War In Iran?
by Ausk Fri Jan 11, 2019 7:34 am

» Lowell Solicitors
by waylander62 Thu Jan 10, 2019 9:40 pm

» Fined because her dogs lead was too long.
by Ausk Thu Jan 10, 2019 10:02 am

» Serving Paperwork
by assassin Wed Jan 09, 2019 7:30 pm

» Agressive UUI's - utter scum, Civil Enforcement Officers
by assassin Wed Jan 09, 2019 7:02 pm

» Lowell threatening me Again !!
by barnwebb Wed Jan 09, 2019 2:12 pm

» 2 New letters received from DCA acting as agents on behalf of client- Please Advise
by Emilybm Tue Jan 08, 2019 12:59 pm

» Cabot- is there a realistic chance to fight them?
by assassin Tue Jan 08, 2019 2:09 am

» The Bacteria & Parasite Deception Raw Food fearmongering
by toolapcblack Mon Jan 07, 2019 2:55 pm

» The Human Apex Predator vs. Mentally Disabled Vegans
by toolapcblack Mon Jan 07, 2019 2:34 pm

Moon phases


Restons

Go down

Restons

Post by Johnnyred on Sat Jan 06, 2018 5:16 pm

Hi I'm wondering if any one could advice as I'm not very good and really not too sure as what to do.
I'm trying to help my wife as to an alleged debt from Tesco, we did the 3 letters process maybe 4 years ago and things hadn't really moved on various letters from debt collectors,who went quite on her. Now we had Cabot writing which was ignored they have now got Restons involved with a letter of claim persuant to the pre action protocol.
We then sent them a pre action conduct request for information letter I found on here that was composed by Lopsum
Restons have now replied saying that they don't seem it appropriate to provide me with the documentation I've asked for.
Any help whatsoever is gratefully received as I really don't have much idea as what to do


Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

Re: Restons

Post by Tiggy on Sat Jan 06, 2018 8:11 pm

@Johnnyred wrote:Hi I'm wondering if any one could advice as I'm not very good and really not too sure as what to do.
I'm trying to help my wife as to an alleged debt  from Tesco, we did the 3 letters process maybe 4 years ago and things hadn't really moved on various letters from debt collectors,who went quite on her. Now we had Cabot writing which was ignored they have now got Restons involved  with a letter of claim persuant to the pre action protocol.
We then sent them a pre action conduct request for information letter  I found on here that was composed by Lopsum
Restons have now replied saying that they don't seem it appropriate to provide me with the documentation I've asked for.
Any help whatsoever is gratefully received as I really don't have much idea as what to do

Couple of things, are you writing on your wife's behalf (ie in your wife's name and she signs the letters) or are you signing the letters ?

Secondly, when did Tesco's issue the formal default notice? This could be crucial as this sounds to be an older debt and may be getting towards being statute barred ( 6 years from issue of default if England and Wales or 5 years if in Scotland).

Did Restons send you a PAC questionnaire?

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Restons

Post by Johnnyred on Sat Jan 06, 2018 8:25 pm

Hi Tiggy thank you for the reply
Yes I'm writing on my wife's behalf I,m not sure when the default was issued I need to do some digging, there hasn't been a payment made for nearly 4 years
Sorry I,m not sure what the PAC questionnaire is I,m pretty much fumbling my way along

Edit

Have now found a default notice dated 16th December 2013

Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

The author of this message was banned from the forum - See the message

Re: Restons

Post by Tiggy on Sun Jan 07, 2018 11:34 am

@Johnnyred wrote:Hi Tiggy  thank you for the reply
Yes I'm writing on my wife's behalf I,m not sure when the default was issued I need to do some digging, there hasn't been a payment made for nearly 4 years
Sorry I,m not sure what the PAC questionnaire is I,m pretty much fumbling my way along

Edit

Have now found a default notice dated 16th December 2013

If the default notice was issued 16th December 2013, then it's a year off being statute barred, so no help there then.

If the Pre Action Conduct letter was in your wife's name and she signed it then they had no grounds to reject the request. A PAC questionnaire is a Pre Action Conduct questionnaire and should be issued by claimants prior to the commencement of proceedings against individuals.

What was the original debt for, you said Tesco's but not whether it was a loan or credit card and what's the value (approximately) of the claim they've started?

What is the issue date on the claim form? You have 14 days to acknowledge service with the intention to defend - do that straight away, and 33 days from issue date to submit a defence.

Start by looking at the default notice, that has to be compliant with the provisions of Section 88 of the Consumer Credit Act.

You'll also have to issue a request for a copy of the agreement but I need to know what the original debt was for to say which section of the CCA you issue the request under.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Restons

Post by Johnnyred on Sun Jan 07, 2018 12:23 pm

Thank you for your replies time and energy it is greatly appreciated.
The debt was for a tesco credit card, the owners of the debt are now Cabot i believe.
We ignored all letters from Cabot.
Then Restons sent
Attachments
restons 1.1.jpg You don't have permission to download attachments.(247 Kb) Downloaded 5 times

Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

Re: Restons

Post by Johnnyred on Sun Jan 07, 2018 12:27 pm

I then wrote to them with this copied from here






SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Pre Action Conduct - Request for Information

With regard to your letter dated xxxxx 2015, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

As a part of my defense I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients 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.

I look forward to your response in due course.

Yours faithfully

They then responded with
Attachments
restons2.1.jpg You don't have permission to download attachments.(351 Kb) Downloaded 11 times

Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

The author of this message was banned from the forum - See the message

Re: Restons

Post by Johnnyred on Sun Jan 07, 2018 2:20 pm

Hi Warwick
we haven't made any contact what so ever with Cabot.

will this template i have found be any good?

Dear Sirs,

Account No:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.


Yours faithfully



Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

The author of this message was banned from the forum - See the message

Re: Restons

Post by Johnnyred on Sun Jan 07, 2018 2:44 pm

thank you for your help
as i say i really dont have much idea at all is this edited version correct?

Dear Sirs,

Account No:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.78(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

yours faithfully

Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

The author of this message was banned from the forum - See the message

The author of this message was banned from the forum - See the message

Re: Restons

Post by Johnnyred on Tue Jan 09, 2018 8:58 pm

Thank you for your help once again
S78 request sent to Cabot plus letter sent to Restons

this ia a copy of Default Notice

Johnnyred
Newb
Newb

Posts : 7
Join date : 2017-06-15

Back to top Go down

Re: Restons

Post by Tiggy on Tue Jan 09, 2018 10:47 pm

@Johnnyred wrote:Thank you for your help once again
S78 request sent to Cabot plus letter sent to Restons

this ia a copy of Default Notice

I've deleted the attachment as you'd left sufficient details (date and values) to be able to easily identify your wife.  Please remove those details and repost.

I've also removed the letters from Restons for the same reason.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: Restons

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum