Restons solicitors/ Cabot financial

[Bexta140790]

Just received a letter this morning from Reston's solicitors. I would usually ignore all letters like this but from doing some reading Reston's will most definitely proceed to the courts.

The debt is for £341.67 and i think it is from Simply Be catalouge although i cannot be 100% sure. The letter says: ''We ask you to pay the sum of £341.67 direct to this office by Friday October 02, 2015 failing which, we have insturctions to issue a claim against you in the county court for full balance and interest''

it also says all further correspondence should be sent to their office.

I want to send a CCA request but will i send it to Reston's, Cabot or both? This is the first time doing this and i am also not sure how to go about sorting the £1.00 postal order?

Any advice would be most appreciated.

[Kati]

Re: Restons solicitors/ Cabot financial

to LB xx

CCA to Cabot (I answered your post on this thread - http://www.legalbeagles.info/forums/...202#post577202). Try not to worry ... you'll get lots of help and advice from the knowledgeable Beagles :nod:

[Berniethebolt]

Re: Restons solicitors/ Cabot financial

Sorry you have already done it,
I will tag [MENTION=37786]FlamingParrot[/MENTION] just give FP something else to peck at.

[FlamingParrot]

Re: Restons solicitors/ Cabot financial

To keep it all together, I'm copying below the letter that has to be sent to Restons to stop them in their tracks as well as my comments regarding their letter as posted on that other thread, if you've received a similar one, it's possible they are using that one as their new threatogram template.

Up to you whether you want to do that or you want to challenge them to produce the documents they'd rely on if they were to issue a claim, which more often than not, they won't be able to supply. In many cases, a suitable response to a letter before action can stave off court action. If you've not paid in a few years, any repayment offer would reset the clock for the purpose of limitation so thread very carefully there.


You should also send a CCA request to Cabot for a copy of your agreement, if you look at other threads, you'll find they often struggle to find anything and even after they've issued a claim, they still can't come up with the goods and have to discontinue or beg for an extension to try and obtain the paperwork from the original creditor who would be in no rush to provide it as they'd have no interest in the account.

This is the usual response to a letter before action in accordance with the Practice Direction Pre-Action Conduct:

Dear Sirs

Ref: xxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copies of the following:

• The original credit agreement;
• The Default Notice
• The Notice of Assignment;
• Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2015 and I am awaiting a response.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

[FlamingParrot]

Re: Restons solicitors/ Cabot financial

I want to send a CCA request but will i send it to Reston's, Cabot or both? This is the first time doing this and i am also not sure how to go about sorting the £1.00 postal order?

Any advice would be most appreciated.

As previously noted, the CCA request goes to Cabot and the response above to Restons, filling in the details about your CCA request.

You can buy a PO order from the Post Office, sadly it will cost you 50p to buy a £1 PO. If you are one of those people who still have a chequebook you can send a cheque instead for £1.

Either way, on the back you'd write: "For payment of statutory fee only" so it doesn't get credited to the account as a payment. Send both letters recorded delivery. :thumb:

[Bexta140790]

Re: Restons solicitors/ Cabot financial

Thanks for all your help. Will get the letters sent off ASAP and will keep you all posted.

[Bexta140790]

Re: Restons solicitors/ Cabot financial

Both letters have been received today so i will wait for there reply. Do i count the 12 working days for the CCA from today?

[nemesis45]

Re: Restons solicitors/ Cabot financial

Both letters have been received today so i will wait for there reply. Do i count the 12 working days for the CCA from today?

Yes 12 +2 from the day the claimant received the request.
Don't chase the CCA request, but do chase CPR request.

nem

[FlamingParrot]

Re: Restons solicitors/ Cabot financial

Both letters have been received today so i will wait for there reply. Do i count the 12 working days for the CCA from today?

The 12 working days start from today when the letter was received, however, there is no action required from your side. The chances of Cabot responding within that timescale are slimmer than those of a UFO landing in your front garden. :flypig: :flypig: You'll likely receive one of their letters saying it will take them 40 days. There is no need to chase that request as non-compliance is a bar to enforcement but you do need to chase the CPR request once the seven days are up. :thumb:

[Bexta140790]

Re: Restons solicitors/ Cabot financial

The 12 working days start from today when the letter was received, however, there is no action required from your side. The chances of Cabot responding within that timescale are slimmer than those of a UFO landing in your front garden. :flypig: :flypig: You'll likely receive one of their letters saying it will take them 40 days. There is no need to chase that request as non-compliance is a bar to enforcement but you do need to chase the CPR request once the seven days are up. :thumb:

What is the CPR request? Is that the letter sent to Restons? Or included in the CCA request sent to Cabot?

[FlamingParrot]

Re: Restons solicitors/ Cabot financial

What is the CPR request? Is that the letter sent to Restons? Or included in the CCA request sent to Cabot?

Sorry about that, got a bit confused because I saw Nem above refer to the CPR request and a lot of the threads where I post refer to court claims, however, I see in this case no claim has been issued, just a letter before action. What you sent wasn't a CPR request at all, just a response to a letter of claim. That puts the ball on their court. There is no need to chase that letter either, the idea is that if they haven't got any documents, then they should go away and leave you alone. :bolt:

If they respond with something do post up, but there's no need to poke them.

Yes 12 +2 from the day the claimant received the request.
Don't chase the CCA request, but do chase CPR request.

Going back to the beginning of this thread, I see in this case no claim has yet been issued, just a letter before action, so there's no CPR request, just a response to a letter of claim under the pre-action conduct which doesn't need chasing.

[Bexta140790]

Re: Restons solicitors/ Cabot financial

Have had a letter from Cabot this morning. Basically says thanks for request for information. They don't have the information but are requesting the relevant information from the original lender. They will provide information within 40 days.

So I am guessing it's just a waiting game now to see if they can produce the documents.

[Bexta140790]

Re: Restons solicitors/ Cabot financial

I have had a reply back from Cabot.
The letter says,

Please find enclosed all of the relevant information. We can confirm that we have provided a reconstituted true copy of your credit agreement.

It then includes another letter that states they are under no legal obligation to supply me with a signed copy.

I have also recived a letter back from restons saying they have been instructed to remove the hold and asking for me to fill in a financial statement.

Where do I go from here?

Thanks.

[Kati]

Re: Restons solicitors/ Cabot financial

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Restons solicitors/ Cabot financial

:bump: for @nemesis45 xx

On it now [MENTION=49370]Kati[/MENTION]:santa2:nemxx