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  • #1

    Restons

    Hi
    I have a debt held with Cabot that I was paying a £1.00 token payment and in May 2013 made a CCA request, I received letter back saying they did not have the information and the agreement was currently unenforceable and so I stopped the £1.00 token payment.
    Now receiving letters from them and a letter from Restons Solicitors saying pay them the amount owing by the or they will make a court claim and request that the court grants a judgement in default by instalments of £50.00 per month.
    Could you please advise what action to take
    Regards
    pop25312
    Tags: action, admitted, april, assets, breach, cabot, cca, cca request, claim, court, court claim, debt, default, email, information, legal, letter, letters, mat, ons, owed, registration, restons, solicitors, unenforceable, £50
  • #2
    Re: Restons

    Originally posted by Pop25312 View Post
    Hi
    I have a debt held with Cabot that I was paying a £1.00 token payment and in May 2013 made a CCA request, I received letter back saying they did not have the information and the agreement was currently unenforceable and so I stopped the £1.00 token payment.
    Now receiving letters from them and a letter from Restons Solicitors saying pay them the amount owing by the or they will make a court claim and request that the court grants a judgement in default by instalments of £50.00 per month.
    Could you please advise what action to take
    Regards
    pop25312
    I'd do nothing - they admitted it was UE so they cannot enforce. There are a few cases like this on here, I'd not worry too much.

    However, can you clarify how much is owed and are you a homeowner with assets?
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Restons

      Originally posted by Pop25312 View Post
      I have a debt held with Cabot . . .

      . . . a letter from Restons Solicitors saying pay them the amount owing by the or they will make a court claim . .

      Could you please advise what action to take
      Hello Pop and to AAD.

      Before I can make any suggestions as to how you should handle this situation can you answer the following questions:

      When did you open this account (before or after April 2007 could make all the difference to your situation)?

      How much is the debt?

      Who was the original creditor?

      What is the deadline for responding to Restons' letter?

      Can you email me a copy of the letter from Restons in case it's a formal Letter Before Action (now known as a Letter Before Claim) which needs a specific response using planb@all-about-debt.co.uk. Copy your email to webmaster@all-about-debt.co.uk

      I see from your profile that you say you are a homeowner.

      Plan B x

      PS we'll also get your thread moved to the right section for you

      Comment

      • #4
        Re: Restons

        Originally posted by PlanB View Post
        I see from your profile that you say you are a homeowner.
        However I want clarity as those optional registration (demographic) fields are never to be taken as granted as not all members fill them in.

        Pop, please can you therefore clarify whether you are indeed a homeowner as it would obviously affect things to an extent (ie if it's enforceable it's not worth risking a charge)...

        Doesn't matter if they issue an LBA. Ignorance is your best bet as you have confirmation in black & white that they are in default of your request so you'd use that against them if they were stupid enough to issue a claim. s.127(3) protects you based on their breach of s.78(6).
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: Restons

          Originally posted by Pop25312 View Post
          a letter from Restons Solicitors saying pay them the amount owing by the or they will make a court claim and request that the court grants a judgement in default by instalments of £50.00 per month.
          Did you hear anything more from Restons since their threatening letter last month?

          Plan B x

          Comment

          • #6
            Re: Restons

            Originally posted by PlanB View Post
            Did you hear anything more from Restons since their threatening letter last month?
            I rather wished I hadn't asked that question now, because what you did hear from Restons was a court claim

            Can you start a new thread in the legal section but don't post the full Particulars of Claim on it (just a couple of lines will suffice). You're a member of AAD+ so we'll then move that thread to the protected section

            http://forums.all-about-debt.co.uk/s...l=1#post461134

            Let's get this show on the road



            Plan B x

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