The GOODF Approach
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» DWP
by daveiron Yesterday at 10:31 pm

» THIS IS THE ONE ?
by daveiron Yesterday at 10:07 pm

» Are Lowell getting desperate ?
by memegirl777 Yesterday at 9:33 pm

» DVLA [Hick] Does It Work [Hick] ?
by Miss Kermit Yesterday at 4:15 pm

» know who you are volume ??
by daveiron Tue Mar 26, 2024 9:38 pm

» Ovo bank giro?
by Wynston.adebiyi@gmail.com Mon Mar 25, 2024 1:10 pm

» Hopefully A Success
by daveiron Sun Mar 24, 2024 9:28 pm

» Most Complete Bank Giro Credit
by LionsShare Sun Mar 24, 2024 12:06 pm

» Knowing our Lawful rights
by daveiron Sat Mar 23, 2024 6:05 am

» More Illegal Immigrants
by assassin Thu Mar 21, 2024 5:43 pm

» SAR dispute
by assassin Thu Mar 21, 2024 5:32 pm

» There goes Ireland, his off.
by midnight Thu Mar 21, 2024 1:07 pm

» The infamous DP continus
by urchinatheart Mon Mar 18, 2024 3:01 pm

» Call to the DVLA
by urchinatheart Mon Mar 18, 2024 2:36 pm

» BEWARE OF TSB BANK
by daveiron Sun Mar 17, 2024 6:53 am

» Help / Advice needed on ongoing neighbour harassment
by memegirl777 Sat Mar 16, 2024 5:51 pm

» United Kingdom? Really?
by assassin Sat Mar 16, 2024 4:17 pm

» DWP and HMRC alleged debts
by assassin Wed Mar 13, 2024 7:20 pm

» Serial Posty been awarded £10'000 for a fake bite
by memegirl777 Wed Mar 13, 2024 3:05 pm

» HSBC advice please.
by Trishiapp28 Wed Mar 13, 2024 7:36 am

» He is going to save us again
by flyingfish Sun Mar 10, 2024 12:00 pm

» Government fraud
by midnight Sun Mar 10, 2024 7:01 am

» how to remove a shareholder?
by scrwm Fri Mar 08, 2024 12:06 pm

» I DO NOT CONSENT [62%] - ReformUK got 5% of the electorate. Labour 17%
by badvoc Thu Mar 07, 2024 12:25 pm

» What can ai do about Santander
by Godfastro Thu Mar 07, 2024 11:47 am

» Useful videos Council Tax
by daveiron Tue Mar 05, 2024 10:05 pm

» broadcaster vs me
by scrwm Tue Mar 05, 2024 4:37 pm

» The new GOODF process works
by urchinatheart Tue Mar 05, 2024 10:45 am

» Worth a watch
by LionsShare Tue Mar 05, 2024 9:11 am

» Farmers IsThis What's Needed?
by LionsShare Mon Mar 04, 2024 8:46 pm

» Debt Bomb 11
by Biggiebest Sun Mar 03, 2024 10:05 pm

» accepted dca alleged debt
by Mrblue2015 Sun Mar 03, 2024 5:09 pm

» DVLA
by daveiron Fri Mar 01, 2024 9:20 pm

» Solicitors contacted me via e-mail asking for money.
by Kaddabriol Thu Feb 29, 2024 2:12 pm

» Claiming again
by LionsShare Thu Feb 29, 2024 11:07 am

» Useful Utility Vids
by LionsShare Wed Feb 28, 2024 1:59 pm

» what the bank of england runs the country?
by LionsShare Mon Feb 26, 2024 3:54 pm

» New Member
by daveiron Mon Feb 26, 2024 11:55 am

» Learning New Skills _Pt 2 Buying Tools
by assassin Mon Feb 26, 2024 4:35 am

» Learning New Skills _Pt 2 Buying Tools
by assassin Mon Feb 26, 2024 4:33 am

» Learning new Skills Part 1
by assassin Mon Feb 26, 2024 4:27 am

» General Equity?
by LionsShare Tue Feb 20, 2024 7:03 pm

» Visit by appointment notice
by Moonbabymum Tue Feb 20, 2024 4:37 pm

» Discussion on Info'd Vids
by LionsShare Tue Feb 13, 2024 11:52 am

» debts loans mortgages etc (tear off slips?)
by LionsShare Mon Feb 12, 2024 3:54 pm

» Quick one
by Lopsum Sun Feb 11, 2024 6:03 pm

» debt settlement payoff
by daveiron Sat Feb 10, 2024 10:58 pm

» Council tax and summons for arrest
by LionsShare Fri Feb 09, 2024 2:17 pm

» Council Tax (getting answers)
by LionsShare Fri Feb 09, 2024 12:57 pm

» council tax 1st of april
by daveiron Sun Feb 04, 2024 9:46 pm

» DSAR
by daveiron Sun Feb 04, 2024 9:28 pm

» Warning about a previous post
by Mrblue2015 Sat Feb 03, 2024 5:10 pm

» Please leave a comment on this site
by daveiron Fri Feb 02, 2024 10:01 pm

» Lithiun Battery Dangers
by badvoc Fri Feb 02, 2024 1:52 pm

» its a trap
by LionsShare Thu Feb 01, 2024 9:49 am

Moon phases


Restons

3 posters

Go down

Restons Empty Restons

Post by Johnnyred 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
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

Restons Empty Re: Restons

Post by Tiggy 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

Restons Empty Re: Restons

Post by Johnnyred 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
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

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

Restons Empty Re: Restons

Post by Tiggy 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

Restons Empty Re: Restons

Post by Johnnyred 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 Attachment
restons 1.1.jpg You don't have permission to download attachments.(247 Kb) Downloaded 6 times

Johnnyred
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

Restons Empty Re: Restons

Post by Johnnyred 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
Restons Attachment
restons2.1.jpg You don't have permission to download attachments.(351 Kb) Downloaded 14 times

Johnnyred
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

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

Restons Empty Re: Restons

Post by Johnnyred 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
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

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

Restons Empty Re: Restons

Post by Johnnyred 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
Not so newb
Not so newb

Posts : 33
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

Restons Empty Re: Restons

Post by Johnnyred 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
Not so newb
Not so newb

Posts : 33
Join date : 2017-06-15

Back to top Go down

Restons Empty Re: Restons

Post by Tiggy 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

Restons Empty Re: Restons

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

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