Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

[mrs bucket]

Your AAD Forum Username

mrs bucket

Name of Claimant

Cabot

Name of Claimant's Solicitors

Restons

Claim Issue Date

15 February 2016

Who Signed the Claim Form?

An Individual (i.e. Joe Blogs)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

22 February 2016

Details of Claim

The Claimant claims payment of the overdue balance due from the Defendant under contract between the Defendants and Bank of Scotland dated on or about Aug xx 2006 and assigned to the Claimant on Oct xx 2012

PARTICULARS a/c no 1106xxxxxxxxxx
DATE ITEM VALUE
xx/01/2016 Default Balance 2539.08
Post Refrl Cr NIL

TOTAL 2539.08

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

I entered my defence to this claim on 17th March basically saying that since I don't have any details relating to this claim eg a copy of the contract they mention then I cannot defend myself properly.

This is for an overdraft.

[PlanB]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

I entered my defence to this claim on 17th March basically saying that since I don't have any details relating to this claim eg a copy of the contract they mention then I cannot defend myself properly.

I can see you're a longstanding member who's been through court proceedings before.

What help would you like now that you have already submitted your Defence?

What you describe sounds like an "embarrassed" Defence because the Claimant hasn't provided you with the documents. What you pleaded in your Defence is what the court will consider - you can't add anything in afterwards without getting permission to amend your Defence.

Did you send a CCA request request to the creditor at some point in the past? And did you send a CPR 31.14 request to Restons after the claim was issued.

If you'd like to email a copy of the Claim Form (front page N1 only unedited) and a copy of your Defence, we'll take a look at what may lie ahead for you. Use planb@all-about-debt.co.uk and webmaster@all-about-debt.co.uk

Plan B x

EDIT I can see you've edited your post to say that this was an overdraft.

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Hi Plan B

I sent a CCA to Cabot who replied to me after I'd submitted my defence basically saying they don't need to supply any docs since this relates to an overdraft they do not need to supply me with a copy of my credit agreement under Part V 74(1)(b).

I sent a CPR to Restons who haven't replied.

I sent both requests on 21st Feb

I need some advice because this is for an OD and I'm not sure of my position, I'm in a big pickle atm

[Never-In-Doubt]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

I entered my defence to this claim on 17th March basically saying that since I don't have any details relating to this claim eg a copy of the contract they mention then I cannot defend myself properly.

This is for an overdraft.

Ooops. Not wise sadly.

You know we exist so why not come to us. We can't help retrospectively to a bad defence. Without legal help you will (likely) need to make an offer. It's an OD. Your worst mistake was filing a defence

[PlanB]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

I need some advice because this is for an OD and I'm not sure of my position, I'm in a big pickle

We're always willing to help a damsel in distress especially if Restons are your foe

There are various ways a claim can be defeated so don't give up hope just yet.

First of all the Claimant has to prove that they are entitled to the debt so the assignment needs to be watertight.

You should have been sent Notice of Sums in Arrears (s.86 stuff) every year too. Has loads of interest been added to this debt?

And when did you last make a payment?

Email anything and everything you've got and we'll take it from there.

Plan B x

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Thanks Niddy, yes I know. I got distracted as you will see from the email I sent you and Plan B. Redundancy and illness falling at my feet grr.

Edit, didn't know it was for an OD until I got the letter from Cabot on Friday.

[Never-In-Doubt]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Hey try not to stress. I've replied to email and copied in planB & Joanna so they'll hopefully be able to help you along now. For now I'd not do anything unless you're advised by either of them as it could be detrimental. Tactic plays a huge part in defending a claim.

Moving forwards, I did ask on email as to whether you even had an OD as if they created one by adding charges / allowing internal products DD's to force you into an OD then you'd probably have a decent argument.

Anyway, try not to worry. You'll be fine & worse case, you can agree a forever Tomlin / mediation at £1pm if affordability is an issue and your chances are low. But that is worse case - we aim for best case scenario so keep the faith.

Apologies to all if I sounded abrupt earlier. I just get frustrated seeing abuse like this and I'm angry at the claimant but portray it publicly so sorry for that.

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Thanks Niddy, it's OK. I did have an OD and I think they charged so much per day but I can only barely remember. Restons aren't giving any info and don't even specify on the claim form that it's for an OD.

I was previously in a DMP, and Cabot was part of that , but it got to the point where I couldn't afford the minimum payment to 8 credit accounts.

It'll be OK, thanks

[julian]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

I would not be surprised to find that Restons will provide full details in their Witness Statement about how Documentation was requested but not supplied as it is obvious that you have used the account cos other they would not be bringing a claim. They must give creative writing classes to their junior staff on how to avoid providing the truth, the whole and nothing but.

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Nothing would surprise me Julian,

So I've had a duplicate letter from Cabot but they did return the postal order this time.

The one thing I did notice was that they only say that this was for a current account - no mention of OD. Is this usual and could it mean that they don't have any paperwork?

For all I know it could just be charges.

[PlanB]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

So I've had a duplicate letter from Cabot but they did return the postal order this time.

The one thing I did notice was that they only say that this was for a current account - no mention of OD. Is this usual and could it mean that they don't have any paperwork?

For all I know it could just be charges.

Can you email me that latest letter from Cabot which appears to have been sent after you filed your Defence.

Also email the previous letter from them before the summons was issued.

Once you filed your Defence the court will have written to the Claimant giving them 28 days to inform them (the court) if they intend to proceed with their claim. If they don't tell the court that they want to keep going, then the claim becomes stayed. If they want to resurrect it after that they will have to make an application to the court for permission to lift the stay.

Make a note in your diary as to when the 28 days will be up (allow a few extra for postage) and then if you've heard nothing further you can call the court to check the status of the claim, because they won't write to you if it becomes stayed.

If the Claimant decides to proceed within the 28 day deadline, the next thing you'll receive is a Directions Questionnaire from the court. We can help you complete that if necessary. The DQ gives you the option to tick "Yes" for free telephone Mediation if settling seems like a good idea. The other side has to agree to it too.

Plan B x

[mrs bucket]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Hi PlanB

Sorry for not getting back earlier, I cant get scanned docs on my computer so gave up and concentrated on finding a job.

Restons are inviting me to withdraw my defence now and have said they will ask for it to be stuck out if I don't sign the N9A they included. One of their best answers was "not recalling having received a Notice of Assignment can in no way be viewed as evidence that one was not sent to you"

OK then send me a copy since they've sent copies of their own letters.

I don't think they have any paper work.

[PlanB]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

Restons are inviting me to withdraw my defence now and have said they will ask for it to be stuck out if I don't sign the N9A they included.

I don't think they have any paper work.

I don't think they have the paperwork either which is why they've sent you an invitation which you can refuse

Restons are bullies.

I see no need for you to reply to their annoying letter.

Plan B x

[PlanB]

Re: Cabot ( Restons ) v mrs bucket - Issued 15 February 2016

More than 28 days have gone by since you filed your Defence so ring NCCBC to check the status of your claim.

If Restons haven't informed them that they wish to continue with the proceedings the claim will have been stayed. The court won't write to tell you this which is why you have to ring them.

If Restons have informed the court that they wish to continue with their claim then the next thing you'll receive is a Directions Questionnaire in the post.

Let us know what the court says and we'll take it from there.

Plan B x