cabot/restons/county court

by Johnnyred Mon Feb 25, 2019 5:59 pm

hi i'm in need of help
this is the back story https://goodf.forumotion.com/t1731-restons
today my wife as received claim form from northamptom CC for a debt originally from tesco for a credit card.
cabot are now the claiment and restons the solicitor. im really up against it at the minute trying to work and care for my wife who is terminally ill.
what can i do to try to squash the forthcoming ccj for my wife? many thanks in advance

by **Mrblue2015** Mon Feb 25, 2019 6:14 pm

Good evening,

What happened in between the date of your last post (Jan 09, 2018 10:47) and today? Over a year?

by **Mrblue2015** Mon Feb 25, 2019 6:28 pm

(Sorry to hear about your situation btw! Help is on hand, so hold your nerve) :-)

by Johnnyred Mon Feb 25, 2019 6:45 pm

many thanks tbh its been a bit poo this last year just after my last post the wife got diagnosed terminal lung cancer.
cabot sent her statements and reconstituted agreement with no signature or anything of reel proof

by **Mrblue2015** Mon Feb 25, 2019 6:58 pm

Bless you mate. So a load of rubbish from Cabot then... They just like to push their luck - but the courts don’t work on luck so they’ll come unstuck...

As you’ve got as far as receiving a court claim form I’ll leave it to another higher ranking member to support you - one or two really know their stuff so you’ll be in good hands. I would not be surprised if you get further support before the end of the day...

by Johnnyred Mon Feb 25, 2019 7:04 pm

Thank you for your kind words. We've come along way with this and don't want to fall at the last hurdle

by **Mrblue2015** Mon Feb 25, 2019 7:14 pm

No problem. In the meantime, check this post out too:

https://goodf.forumotion.com/t3362-the-legal-reality-is-that-banks-dont-take-deposits-and-do-not-lend-money#21663

The injustice of the whole system will fire you up to keep fighting these low lives!

by waylander62 Mon Feb 25, 2019 10:25 pm

Hi

just spotted this one. really sorry to hear about your wife, i wish you and her all the very best.

now, a few questions i need you to answer if possible.

1) Is the debt in your wifes name only ?
2) did you receive a letter before action prior to them issuing a claim
3) has it been mentioned to them previously, your wifes condition.
4) what date is on the claim form, top RH corner IMPORTANT this one.

by Johnnyred Tue Feb 26, 2019 9:46 pm

hi thank you
the debt is just in the wifes name
i think we got the letter of action 12 months ago
they don't know about my wifes illness
issue date on claim form is 20th febuary

by Johnnyred Thu Feb 28, 2019 10:27 am

could anyone offer any advice please? how to move forward

thanks

by waylander62 Thu Feb 28, 2019 11:12 am

Hi
when you received the letter before action, did it include forms for you to fill in ? it should have done ?

did you, or have you requested any documents to prove their claim since this letter before action ?

have they sent you any documents ?

i would certainly write and tell them of your wifes health situation

you have 19 days from 20th february to acknowledge service to avoid default judgment against your wife.

do you intend to defend the claim ?

by Johnnyred Thu Feb 28, 2019 6:20 pm

I don't think there was any forms sorry it's hard to recollect i'm not sure if we've got anything saved
we asked for proof and they sent statements and a rubbish copy of a agreement with no signature
who should i tell about my wife's illness? the court or Cabot or Restons?
i'm not sure if we can defend? i'd just like it to be cleared up before my wife pass on

by waylander62 Thu Feb 28, 2019 9:34 pm

firstly i would immediately write to Restons Solicitors and inform them of her condition

and politely request that they withdraw their claim under the circumstances.

yes you can defend but the decision will have to be yours.

by Johnnyred Thu Feb 28, 2019 9:48 pm

many thanks for your help it's very much appreciated.
I shall get in touch with Restons would it be ok to phone them or must it be in writing? If i don't get any joy i would love to take them on but would'nt know where to start

by waylander62 Fri Mar 01, 2019 1:00 am

i would write to them, if you need any help let me know. Always contact these people in writing and anything you post keep a copy and send with proof of posting.

if you wish to take them on then i will do my best to assist you.

i would send a letter off to them as soon as possible.

by Johnnyred Sun Mar 03, 2019 3:28 pm

Many thanks Waylander it's wonderful to know there are some good people. I'm going to compose a letter should it be from me as a representative of my wife or from my wife?

by waylander62 Sun Mar 03, 2019 10:12 pm

If possible, from your wife herself. You can add in the letter that from now on you will be dealing with the matter, they are then aware of the facts.

they may ask for medical evidence, if it becomes too upsetting then let us know .

In the meantime, you must acknowledge service within 19 days of the date on the claim form, to avoid default judgment against your wife.

by Johnnyred Mon Mar 04, 2019 2:17 pm

so on acknowledgment of service do i tick intend to contest jurisdiction or intend to defend all of this claim?

by waylander62 Mon Mar 04, 2019 3:05 pm

personally tick that you wish to defend all of this claim.

by Johnnyred Mon Mar 04, 2019 4:25 pm

this is what i am sending to Restons is this ok?

SENT BY RECORDED DELIVERY

ref.:########
Reston Solicitors
Trinity Chambers
Centre Park
Warrington
WA11GG

4th March 2019

Dear Sirs,

Re: Your Client – Cabot Financial (UK)Limited

Account Number ##########
I am Writing to you to inform you that I am terminaly ill with stage four non small cell lung cancer. I can provide medical proof of my condition.
I have received a claim form from County Court Business Centre which is causing me great distress in my state of health. I would be very gratefull is you could cease this action as to carry on whould be frivalous as a judgement will never be satisfied. I am now receiving pallaitive care for end of life. Would you please use my Husband ##### as a go between in the future? His contact is the same as mine

yours faithfully

by waylander62 Mon Mar 04, 2019 8:29 pm

Yes that will be fine.

by Johnnyred Tue Mar 05, 2019 9:36 pm

Letter sent acknowledgement of service sent
I can't thank you enough for your help Waylander.
will inform you as to what response we get

once again thank you it's a huge weight removed

by waylander62 Wed Mar 06, 2019 12:37 am

no worries

If they start to play tough we will respond accordingly.

actually thinking about it, we need also to start formulating a defence.

so.. a few questions

what documentation have you requested from them ?
did you receive any letters prior to a claim being issued, i mean in the last 3 months say ?

by Johnnyred Wed Mar 06, 2019 9:13 pm

We sent a pound statutory fee asking for a true copy of the credit agreement and any other documentation
I also have a letter from Cabot stating they purchased the account

we received account statements and a generic copy of credit agreement no name no signature no totals

by waylander62 Wed Mar 06, 2019 10:45 pm

i would need to see a copy of the agreement and what about the terms and conditions ?

what about the default notice ?

personally i would send a SAR to the original creditor.

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