cca runaround with Restons

[captain morgan]

1. Hi everyone, I am currently fighting a ccj from Cabot financial through their solicitors Restons. as they are listed on the claim form as the address for documents and payments I sent a CCA request with the postal order payable to Restons to Restons. They then sent it back stating that the fee must be made payable to Cabot not Restons and to return it to them as such. which I did fee payable to Cabot resent to Restons. It has been over 2 weeks since the original request and I have already filed my defence however today I received the CCA back from Restons stating the following " We acknowledge receipt of your alleged section 77/78 CCA request for documentation. we are returning your request however as we are not the creditor and you have failed to enclose the statutory fee of £1.00 which if paid by cheque or postal order, needs to be addressed to the Claimant and not ourselves."
   the postal order was enclosed I have a receipt for it and as stated herein was addressed to the claimant Cabot financial.
   so basically they are saying they never received the postal order that was in the signed for envelope which I also have a receipt for. could you please advise on my next step as to what I should say or do and if I should wait to respond through my witness statement. Any help would be greatly appreciated.
   regards CM

[Joanna Connolly Solicitors]

It appears you're being given the run around.

You say you've sent a valid s 77-79 CCA Request to Restons (normally this would go to the Claimant which is Cabot) and have plenty of correspondence to back that up.

Who was the original creditor of this debt before it was assigned to Cabot just to see if you've pleaded all the relevant arguments in your Defence to help you win this case?

Is the Claimant named as Cabot Financial (UK) on the claim form? I have a reason for asking that.

Di

[captain morgan]

Hi Dianna,
thank you for your response and yes I have proof of signed for postage and receipts for the postal orders for the 2 times I had to send the s 77-79 CCA Request. also when Restons returned the request the first time they wrote this"the attached correspondence has been returned to you as the fee is made payable to the company. please return your request to us, making the fee payable to Cabot Financial(UK) Limited" so I sent it back to Restons at their request and made the postal order payable to Cabot Financial (UK) Limited which they say was not in the envelope.

The original creditor of this debt before it was assigned to Cabot was Tesco Personal Finance Plc.

Yes the Claimant is named as Cabot Financial (UK) limited on the claim form and the address for sending documents and payments is Restons Solicitors Limited

CM

[Joanna Connolly Solicitors]

the Claimant is named as Cabot Financial (UK) limited on the claim form

Did you raise the issue of Cabot Financial (UK) Ltd's right to bring the claim in your Defence?

Read these posts on another thread on this forum about the need to be FCA registered so you can see why I'm asking >

Re: Cabot

Their website now lists them as Cabot Financial (Europe) Limited, which is currently authorised.

As is Cabot Financial (Marlin) Limited.

It's just Cabot Financial (UK) Limited which has lapsed, which presumably they no longer operate under?

Re: Cabot

If they aren't authorised they can't assign a debt, debt collect a debt or start action

Di

[Joanna Connolly Solicitors]

1. I am currently fighting a ccj from Cabot financial through their solicitors Restons. as they are listed on the claim form as the address for documents and payments I sent a CCA request with the postal order payable to Restons to Restons. They then sent it back stating that the fee must be made payable to Cabot not Restons and to return it to them as such. which I did fee payable to Cabot resent to Restons. It has been over 2 weeks since the original request and I have already filed my defence

I can see you've filed a Defence but have you also sent a CPR 31.14 Request seeking disclosure of the documents mentioned in the Particulars of Claim?

You've sent a s 77-79 CCA Request for the credit agreement (was the Tesco Finance product a loan or a credit card?) but the Claimant should also produce the Default Notice (if there was one) and the Notice of Assignment etc.

When was the Tesco account opened (what year) and how much is Cabot claiming?

I would also send a Subject Access Request to Tesco to get the full history of this account which can be most useful if the Claimant produces reconstituted documents because you'll be able to check them for 'honesty and accuracy'.

There's a link to a SAR template letter here > https://www.all-about-debt.co.uk/for...mplate-letters

Di

[captain morgan]

Hi Di, yes the CPR 31.14 Request is in my filed defence, it was a credit card debt claiming for aprox £4734.00.

I will send a SAR to tesco finance.thanks for the link

I haven't raised the issue of Cabot Financial (UK) Ltd's right to bring the claim in your Defence, how would you recommend I proceed with this and the CCA runaround?
should I wait to see if they proceed with court action and put it in my witness statement?

[captain morgan]

sorry in "my defence not your" lol typo
CM