Cabot / Restons Claim

by badger Tue Aug 28, 2018 10:35 pm

Hi, I have received a court claim from Cabot.

I have elected to defend the claim and filed a defence against Cabot who bought a bank loan debt from Sainsburys bank

I had previously asked for proof of debt and Cabot sent a badly photocopied agreement inc my signature but no terms and conditions, a transaction list showing the outstanding amount.

I sent a SAR to Sainsburys and basically received what Cabot sent me. Does that mean that Cabot cannot produce the default notice? If so, hopefully I have a good defence.

Thank you

by waylander62 Mon Sep 03, 2018 8:38 pm

you have already sent a defence ?

did you raise a good point within your defence in relation to the default notice ? using the relevant sections of the CCA ?

these are quite important issues, the agreement how bad is it actually ?

is the claim below 10K ?

a lot of questions i know but nevertheless important

by badger Tue Sep 04, 2018 5:20 pm

Thanks for your reply Waylander62.

I did include in my defence that I asked Restons for a copy of the Default Notice and and have not received it.
The agreement is very blurred and barely legible. I did receive a good copy as part of my SAR request.
The claim is for less that £10000
I have written again to the original creditor (DSAR) asking for the default notice. Hopefully they cannot find it

by waylander62 Tue Sep 04, 2018 8:52 pm

Ok that is good about the default,

not so good about the agreement, there must be a legible copy if you have received one in a SAR, are they the same? have you checked this.

what about the assignment ? did you receive a copy of a notice of assignment in the SAR?

have you checked for PPI or insurance that came with the loan ? check statements received in the SAR.

by badger Wed Sep 05, 2018 7:57 am

Did not get a letter of assignment in the SAR. Does this mean that Restons will definitely not have one? Can I trust that they sent me everything they had? If I go to court and they have all the documents then I am stuffed :-(

by waylander62 Fri Sep 07, 2018 11:12 am

to be honest the truth is the DCA's create their own assignment letter, so yes they will have one.

send a CPR 31 request for documents that you have not received such as:

assignment, default, agreement with terms and conditions.

It would, in my opinion be worthwhile writing to the OC in response to the SAR, specifically pointing out that no notice of any assignment has been received in the SAR, could they please send a copy or could they please let you know if they dont send out these notices but leave that to the purchasing company.

by badger Fri Sep 07, 2018 12:02 pm

will do

by badger Tue Sep 11, 2018 1:41 pm

Had a reply from Restons. they say a default notice is only required if the creditor wants full payment before the term of the loan has expired. After the term has ended they are automatically entitled to full outstanding balance.

Is that correct?

by **daveiron** Tue Sep 11, 2018 2:00 pm

Have a look at this;
https://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

by waylander62 Tue Sep 11, 2018 7:11 pm

badger wrote:Had a reply from Restons. they say a default notice is only required if the creditor wants full payment before the term of the loan has expired. After the term has ended they are automatically entitled to full outstanding balance.

Is that correct?

NO ! have you received a default notice in the SAR ?

unless this debt is for an overdraft ?

by badger Tue Sep 11, 2018 9:58 pm

It was a loan. I did not receive a default notice in the SAR. I have written to the bank again, as was suggested above, asking for a copy of the default notice.

Looking at the link above. Seems a bit ambiguous

by badger Tue Sep 11, 2018 10:06 pm

S87 of the CCA 1974 says a default notice is required to terminate the agreement. I guess the question is - Have they terminated the agreement by selling it or is it automatically terminated after the loan period expires

by waylander62 Tue Sep 11, 2018 10:21 pm

did you keep up the repayments until the loan period expired ?

if you did then it must be assumed that the loan was paid in full ?

by badger Tue Sep 11, 2018 10:31 pm

unfortunately not

by waylander62 Tue Sep 11, 2018 10:36 pm

well therefore you defaulted on the loan !!

in your SAR you must have received a letter from sainsbury's saying that you have defaulted on the loan ? that they were terminating the loan or something that will help you ?

maybe when you failed to keep up payments there are charges that you have incurred on the statements such as default sums !?

its a case of finding it.

by waylander62 Tue Sep 11, 2018 10:38 pm

did sainsburys terminate the agreement before the term ran out ?

by badger Tue Sep 11, 2018 10:50 pm

I dont want to make excuses but I had some very serious mental health problems at the time. The SAR request provided the agreement plus a transaction list with a lot of charges on it.

by badger Tue Sep 11, 2018 10:52 pm

I dont think sainsburys terminated before the term expired. I cant remember getting letters from them but everything is vague from that period

by waylander62 Tue Sep 11, 2018 10:53 pm

take a look at the transaction list, and try and get the SAR in some sort of order if you can.

I am sorry to hear that you have suffered through this, Cabot and Restons prey on the vulnerable thats why we despise them so much.

by waylander62 Thu Sep 13, 2018 9:55 am

Badger i have sent you a private message, there is a question i need to ask

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