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Reston false claim to having obtained a CCJ

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  • Reston false claim to having obtained a CCJ

    Hi, long story short, I have been defending a court claim by cabot/Reston against myself and my partner for an alleged. Loan agreement, I sent off all the relevant requests for paperwork etc however I made the mistake of only replying to the claim in my name and not the one in my partner's name also, believing that as there was only one claim number only one defendant need reply, some months later having received no replies to my request under Cpr, my partner received a letter from Restons stating that as she had not replied to the claim they had applied for a default judgment, some weeks later they further wrote that they had received the judgment from the court and that the full amount was now payable upon receiving this information my partner entered into a payment arrangement with Restons, having not received confirmation of the judgment some weeks later we contacted the court and Registry trust only to find that no such judgement exists we then filed a defence and wrote to Restons requesting clarification of why they claimed that they had a judgment that they clearly did not have they. Did not explain why but insisted that the defence was withdrawn questioning why someone would enter into a payment arrangement if they did not owe the money yesterday we received a redacted default notice and screenshot of the alleged account from the files of the OC further requests to withdraw the defence or face having it struck out. Any advice on how to proceed from here would be greatly appreciated
    Last edited by Pwt50; 14th September 2017, 11:54:AM. Reason: Spelling mistakes
    Tags: None

  • #2
    Re: Reston false claim to having obtained a CCJ

    Hi
    Restons are in my opinion the most duplicitous firm of litigation solicitors I have seen on these forums. They will attempt to twist anything.

    It is not exactly clear what stage you are at

    can i just ask a few questions

    Was the loan in sole or joint names?

    How much, roughly was the claim for- basically I am thinking hundreds , 0-5000, 5-10,000. over 10,000 over 25000

    Was this a secured or unsecured loan

    If the loan was in joint names, it is possible two claims may have been issued , possibly with two claim numbers

    A bit more info is needed I think [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=5553]charitynjw[/MENTION]

    - - - Updated - - -

    When you say redacted default notice- what was redacted?
    I would question why any of it was redacted if it was your DN= could it just be a DN they found in a pile of papers in the office ?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

    Comment


    • #3
      Re: Reston false claim to having obtained a CCJ

      Hi thanks for the reply, it was an unsecured loan in joint names but only had one claim number the default notice had all personal details redacted. The amount claimed is approx 4.5k,there were 2 claim forms issued but both had the same claim number.

      Comment


      • #4
        Re: Reston false claim to having obtained a CCJ

        If the loan was in joint names then the Claimant would issue two claim forms with the same claim number but there would be a 1st Defendant and 2nd Defendant named on each.

        When that happens each Defendant must file their own Acknowledgement of Service and Defence etc. They are treated as separate entities. In some cases they may have different legal arguments to plead etc.

        What appears to have happened in this situation is you followed legal procedure but your partner didn't so they received a Default Judgment and entered into a voluntary (?) repayment plan with Restons on behalf of the Judgment Creditor.

        Or did they?

        Can you explain exactly what you discovered when you contacted the court because you've implied that may not have been the case despite the correspondence from Restons.

        Was your partner aware of the claim (it would have been sent in a separate envelope)? If they weren't aware then she may be able to argue it wasn't served on her but that's a long shot.

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Re: Reston false claim to having obtained a CCJ

          Hi, we both received a claim forms in our relevant names but both had the same claim number I mistakenly believed that only one defendant needed to respond as there was only one claim number, I filed Aos, CPR, CCA etc, but my partner did not, I then sent various letters back and forth to restons having not received any requested documents, my partner then received a letter from restons stating that as she had not filed an Aos/defence they had applied for a default judgment, some weeks later they wrote to say they had now received the judgment from the court and invited her to make an offer of repayment, having not received a copy of the judgment from the court we checked on registry trust and no judgment was registered we then contacted the court to find out about the status of the claim and again was told that no judgement was made and was advised to file a defence as soon as possible, I wrote to Restons asking why they accepted a repayment agreement when they knew that the claim was being defended and why they claimed to have obtained a judgment when they hadn't, they gave no explanation save to say that unless we withdrew our defence they would apply to have it struck out

          Comment


          • #6
            Re: Reston false claim to having obtained a CCJ

            Have you kept those letters which said there was a judgment ?
            Common Sense .... if in doubt, use it !

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Re: Reston false claim to having obtained a CCJ

              Thanks for the clarification.

              So as I understand it there is no Default Judgment against your partner. If they haven't done it already then they must file the AOS online and file and serve a Defence asap to protect their legal position.

              Your Defence cannot be accepted as their Defence. They must do their own.

              I would also suggest that they send a s 77-79 CCA Request to the Claimant (who is it?) and a CPR 31.14 Request to Restons solicitors.

              Keep both files separate from now on since what happens to you and what happens to them will be treated separately in legal terms.

              Send a Subject Access Request to the original creditor to get the full history of the account.

              I'm guessing Restons wrote to you (only) asking you to withdraw your Defence and set up a payment plan. You've not done that so your Defence still stands.

              Or have I misunderstood and you have set up a payment plan and NOT filed your Defence? If the latter then do that pronto!

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Re: Reston false claim to having obtained a CCJ

                Hi, on my side of the case I've done everything one would expect, defence cpr, CCA, etc I did receive a letter from Restons asking me to withdraw my defence or face it being struck out. On my partners side, she has now filed a defence, she has set up a repayment plan but this was done when Restons wrote claiming to have obtained a default judgment, had we known that this was untrue we would not have entered into the plan, my thoughts now is how to proceed against Restons for the misleading information they provided

                Comment


                • #9
                  Re: Reston false claim to having obtained a CCJ

                  Originally posted by Pwt50 View Post
                  on my side of the case I've done everything one would expect, defence cpr, CCA, etc I did receive a letter from Restons asking me to withdraw my defence or face it being struck out. On my partners side, she has now filed a defence, she has set up a repayment plan but this was done when Restons wrote claiming to have obtained a default judgment, had we known that this was untrue we would not have entered into the plan, my thoughts now is how to proceed against Restons for the misleading information they provided
                  You can deal with Restons' conduct issue later in the proceedings if necessary - perhaps in her Witness Statement.

                  I can't advise on whether your partner should cease the payment plan without seeing the papers and knowing all the facts.

                  What I will say is that it's common for DJs to draw the conclusion that if you are paying the debt then you are admitting you owe the money claimed.

                  The important thing is you have both filed a Defence and I think you're saying that your partner has also sent a CCA and CPR 31.14 Request.

                  The next step should be a Directions Questionnaire sent to each of you by the court. If that hasn't happened after 28 days after the Defence was filed then check with the court to see if the claim is currently stayed (a pause button on the proceedings).

                  Once that's been established then suggestions can be made on your and her next step depending on what's being claimed and why.

                  Di
                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                  This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Re: Reston false claim to having obtained a CCJ

                    Thanks Di, in their most recent letter addressed to the both of us they included some documents which they claim supports their right to pursue the debt, and invited us to withdraw our defence or they would lift the stay on proceedings and apply to have the defence struck out, so it's possible that at the moment the claim is stayed

                    Comment


                    • #11
                      Re: Reston false claim to having obtained a CCJ

                      Originally posted by Pwt50 View Post
                      Thanks Di, in their most recent letter addressed to the both of us they included some documents which they claim supports their right to pursue the debt, and invited us to withdraw our defence or they would lift the stay on proceedings and apply to have the defence struck out, so it's possible that at the moment the claim is stayed
                      Did Restons send that letter addressed to both of you or did they send a separate letter to each of you?

                      As explained you may be partners in real life but you're separate people in these proceedings.

                      What you/your partner have received is a standard letter from Restons.

                      They may claim they have produced documents to prove their claim but that doesn't mean they have produced compliant documents and/or all the documents they need.

                      Check with the court that the claim is stayed so you'll have breathing to analyse your situation and decide what you should do next (if anything).

                      Was there a deadline to respond to Restons letter(s)?

                      Di
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Re: Reston false claim to having obtained a CCJ

                        Just checked on MCOL for the claim in my name and the last activity showing was to my defence filed in February, it doesn't state that there is a stay on proceedings, the letter received this week from Restons was 1 letter addressed to the both of us not individual letters in separate envelopes, with a 14 day deadline to respond/withdraw the defence and included an admission forms to complete and return

                        Comment


                        • #13
                          Re: Reston false claim to having obtained a CCJ

                          You will only be able to access your account not your partner's account on MCOL (unless she has given you her password).

                          So your Defence was filed in February but when was her Defence filed?

                          Di
                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Re: Reston false claim to having obtained a CCJ

                            Her defence was filed on the 16th may 2017,which was the same day as the registry trust search showed no judgement entered

                            Comment


                            • #15
                              Re: Reston false claim to having obtained a CCJ

                              Originally posted by Pwt50
                              some weeks later they wrote to say they had now received the judgment from the court and invited her to make an offer of repayment
                              Originally posted by Amethyst View Post
                              Have you kept those letters which said there was a judgment ?
                              Seeing the letters might help clarify if there was a misunderstanding, or blatant untruths from Restons, and thus whether you could look at any action/complaint.
                              Common Sense .... if in doubt, use it !

                              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                              Comment

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