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  • #1

    Cabot...Marlin...Restons

    Hi a bit of advice please

    Original Citicard debt which was grabbed by Crapbot. Never heard anything for ages so let sleeping dogs (definitely) lie. Few weeks ago darlin marlin wrote with a notice of change stating they had taken over the recovery. Ignored them and after a few letters they have passed it on to Restons solicitors who are giving me about 10 days to contact them or they will issue proceedings.

    Now this has dropped off my credit file a few months ago so i presume is statute barred. I can't remember ever CCAing them but then again when crapbot got involved I had a whole lot of debt stuff going on. As far as i know there haven't been any payments or acknowledgement in the last six years but then again my darling ex who racked up the debts on my cards (long story!) might have paid something without me knowing.

    So first move is to send a statute barred letter to Restons...does that seem the right thing to do? Presumably they will come up with something after that but any other advice please?

    Thanks Tierisch

    Hope this is in the correct thread but sure mods you will move if not.
    Tags: 2nd, act, action, advice, cabot, cards, cca, cca request, claim, con, court, court summons, credit, debt, debts, default, iva, letter, letters, marlin, on hold, ons, paid, payments, recovery, restons, sar, solicitors, statute, statute barred, template, templates, unenforceability
  • #2
    Re: Cabot...Marlin...Restons

    Statute barred relates to when you last paid, or acknowledged the debt. Dropping off your credit file just means, its been 6 years (5 in Scotland) since a default was registered. You may have made a payment since then.

    When did you last make a payment for this?

    Secondly, if you discover its not Statute Barred, theres a high chance citicard is UE if its pre 2007. I would fire off a CCA Request to the owners of the debt ASAP by recorded delivery, and send a copy of that request, recorded delivery ASAP to Restons.

    It will not only give you some cover if the proverbial hits the fan, but its highly likely they wont have an agreement.

    First, we need to establish when you last paid this debt before you send any letter. Please let us know.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Cabot...Marlin...Restons

      Originally posted by tierisch View Post
      Ignored them and after a few letters they have passed it on to Restons solicitors who are giving me about 10 days to contact them or they will issue proceedings..
      What's the date on Restons' letter and what is the deadline they have imposed before they will issue county court proceedings?

      This sounds like a Letter Before Action from Restons which you need to take seriously.

      If Restons say they will issue proceedings then I expect they will.

      It's a whole lot easer to deal with this before you get the county court summons.

      More details please - in a hurry.

      Comment

      • #4
        Re: Cabot...Marlin...Restons

        Originally posted by SXGuy View Post
        Statute barred relates to when you last paid, or acknowledged the debt. Dropping off your credit file just means, its been 6 years (5 in Scotland) since a default was registered. You may have made a payment since then.

        When did you last make a payment for this?

        Secondly, if you discover its not Statute Barred, theres a high chance citicard is UE if its pre 2007. I would fire off a CCA Request to the owners of the debt ASAP by recorded delivery, and send a copy of that request, recorded delivery ASAP to Restons.

        It will not only give you some cover if the proverbial hits the fan, but its highly likely they wont have an agreement.

        First, we need to establish when you last paid this debt before you send any letter. Please let us know.
        Thanks...as for payments that's a problem issue. I haven't paid anything but I have no idea if my ex did...we had split and she hid/destroyed letters as had mental illness. She got us into a right mess and so difficult to know whether she had paid or acknowledged anything. The only thing i can work on is the paperwork i do have (which doesn't have any payments recorded) and the dropping off credit file.

        Hence not sure whether to go for the SB letter and see what they come up with....or is the CCA request a better first option?

        Date on Restons letter 19th May and deadline 2nd June.

        Comment

        • #5
          Re: Cabot...Marlin...Restons

          Originally posted by tierisch View Post
          not sure whether to go for the SB letter and see what they come up with....or is the CCA request a better first option?
          I've had a quick look at your other threads/posts and I can't see any reference to you ever sending a s.78 CCA request to Citicard or Cabot (I may be wrong).

          If it was me I'd be sending a whole new s.78 CCA request by recorded delivery tomorrow even if you sent one previously. This should help to safeguard your legal position.

          I don't know when you got your letter from Restons solicitors but they don't hang about so it may be wise to fax a copy of your CCA request to them so they know what's going on while you wait for Royal Mail to deliver your letter.

          Comment

          • #6
            Re: Cabot...Marlin...Restons

            That's useful being a mod....no i cant remember ever doing a CCA to them but then again Crapbot have been quiet!

            Restons letter 19th May with deadline 2nd June although they are offering discounts blah blah if I contact them!

            Comment

            • #7
              Re: Cabot...Marlin...Restons

              Originally posted by tierisch View Post
              Date on Restons letter 19th May and deadline 2nd June.

              That sounds like a Letter Before Action to me.

              Have you registered on the main forum to access the new Template Letters where we have a specific response to a LBA? If not here's how to do that http://forums.all-about-debt.co.uk/s...l=1#post389442
              Last edited by PlanB; 22 May 2014, 22:06.

              Comment

              • #8
                Re: Cabot...Marlin...Restons

                Originally posted by tierisch View Post
                i cant remember ever doing a CCA to them but then again Crapbot have been quiet!

                Restons letter 19th May with deadline 2nd June although they are offering discounts blah blah if I contact them!
                If I were in your shoes I would send a s.78 CCA request ASAP. It's a legal defence.

                Offering discounts is a way of demonstrating to the court that they they have tried to settle this 'claim' before taking legal action.

                How much is this debt?

                Comment

                • #9
                  Re: Cabot...Marlin...Restons

                  Originally posted by PlanB View Post
                  That sounds like a Letter Before Action to me.

                  Have you registered on the main forum to access the new Template Letters where we have a specific response to a LBA? If not here's how to do that http://forums.all-about-debt.co.uk/s...l=1#post389442
                  I hadn't registered but have done so now...just waiting for moderator activation. As soon as I can access the templates will CCA crapbot and copy Restons in.

                  Debt is £5950.51

                  Comment

                  • #10
                    Re: Cabot...Marlin...Restons

                    Originally posted by tierisch View Post
                    I hadn't registered but have done so now...just waiting for moderator activation. As soon as I can access the templates will CCA crapbot and copy Restons in.

                    Debt is �5950.51
                    Here use this for now....



                    Link removed
                    Last edited by Deepie; 23 May 2014, 11:10.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Cabot...Marlin...Restons

                      Just pm'd that link LOL. Great minds!

                      Comment

                      • #12
                        Re: Cabot...Marlin...Restons

                        Thanks to both of you great minds....by some sheer luck the system let me access a recent (end of March) template so have used that one.

                        Comment

                        • #13
                          Re: Cabot...Marlin...Restons

                          Originally posted by tierisch View Post
                          Thanks to both of you great minds....by some sheer luck the system let me access a recent (end of March) template so have used that one.

                          ...........
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Cabot...Marlin...Restons

                            Well they both have the CCA request now...so bit more waiting which suits me.

                            Comment

                            • #15
                              Re: Cabot...Marlin...Restons

                              Letter from marlin stating they have requested copy of agreement and statement of account from crapbot and they will forward on receipt. Fingers crossed they haven't got it but sods law they will. Copied restons in to the CCA request but haven't had any response from them. So i guess i wait and see now or should I be doing anything else? Thanks tierisch

                              Comment

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