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Thread: Reston false claim to having obtained a CCJ

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  1. #26
    Pwt50's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    They stated in the covering letter that they had sent a template default notice I can only presume that the reason the personal details are obscured is because they are not mine (I did take a photo of the DN, but I couldn't figure out how to attach it)

  2. #27
    warwick65's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    It might have been a suggestion. I made at the end of post #2.

    It was a question as to why it was redacted, of course maybe if it was joint applicants it was one DN and they will quote DPA.

    Sorry if I confused anything
    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

  3. #28
    warwick65's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Pwt50 View Post
    They stated in the covering letter that they had sent a template default notice I can only presume that the reason the personal details are obscured is because they are not mine (I did take a photo of the DN, but I couldn't figure out how to attach it)
    If you email it to kati@legalbeagles.info with a link to the thread I am sure she will check it and post it up. @Kati
    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

  4. #29
    Diana M's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    I think you're focussing on the wrong issues.

    The matter in hand is that your partner (2nd Defendant) is currently paying Restons solicitors and you need advice on whether that is a good thing or a bad thing and whether it will effect her chances of successfully defending her claim.

    Whether a reconstituted DN is compliant or not is an issue which will become relevant later in the proceedings. I only raised the issue because you had been told by another poster that the Claimant didn't have to produce a DN to successfully prove their claim and I disagreed.

    Right now I see it as a red herring.

    How much is the claim and do you own your own home?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  5. #30
    Pwt50's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    The claim with costs is about 5k,the only reason the payment plan is in place is because Restons claimed they had a default judgment, once we realised that they had misled us I wrote asking for an explanation as to why they had accepted a payment arrangement when they knew, or should have known that they did not have the judgement of the court which they claimed, I allowed consented to the arrangement continuing to remain in honour whilst the matter was looked into, however they have failed to address the matter.
    We own our home, with a mortgage
    Last edited by Pwt50; 16th September 2017 at 19:31:PM. Reason: Missing information

  6. #31
    Diana M's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Pwt50 View Post
    I allowed consented to the arrangement continuing to remain in honour whilst the matter was looked into, however they have failed to address the matter.
    We own our home, with a mortgage
    Do you mean you consented to a payment plan continuing on behalf of the 2nd Defendant (your partner)?

    If you own your own home then you want to avoid a Charging Order if this goes wrong and they obtain a CCJ.

    Don't be too soft on solicitors instructed by the other party since they'll not be acting in your best interests.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  7. #32
    Pwt50's Avatar

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    Default Re: Reston false claim to having obtained a CCJ

    I'm running both sides of the claim so to speak as my partner is not very good at this sort of thing(which is not to infer that I am) I was waiting for the response from Restons before stopping the payment agreement which now received I shall do.

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