Page 1 of 2 12 LastLast
Results 1 to 25 of 32

Thread: Reston false claim to having obtained a CCJ

  • Share
  • Thread Tools
  • Display
  1. #1
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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 Did not explain why but insisted that the defence was withdrawn questioning why someone would enter into a payment arrangement if they did not owe the money yesterday we received a redacted default notice and screenshot of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 at 11:54:AM. Reason: Spelling mistakes

  2. #2
    warwick65's Avatar

    VIP Member



    Joined
    Feb 2017
    Posts
    1,638
    Mentions
    109 Post(s)

    Default 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 @Amethyst @Diana M @pt2537 @charitynjw

    - - - 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

  3. #3
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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.

  4. #4
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default 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 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. #5
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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

  6. #6
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,808
    Mentions
    1697 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Have you kept those letters which said there was a judgment ?
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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

  7. #7
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default 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 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

  8. #8
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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

  9. #9
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote 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 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

  10. #10
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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

  11. #11
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote 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 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

  12. #12
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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

  13. #13
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default 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 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

  14. #14
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default 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

  15. #15
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,808
    Mentions
    1697 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote 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
    Quote 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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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

  16. #16
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Amethyst View Post
    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.
    My feeling is any action or complaint to Restons solicitors could trigger an Application to lift the stay and simultaneously an Application for a Summary Judgment especially now that they have produced documents since that is what they have threatened in their latest letter.

    There's a time and a place for being confrontational especially as a LIP.

    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

  17. #17
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    59,808
    Mentions
    1697 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    However as we are pre witness statements, if it does go that far, it would be useful to know IF there were misrepresentations made, particularly as Restons have already said 'why would you pay if you didn't admit you owe the debt' ... just by way of a counter to anything they may raise. Also for any complaint practicable after this case is concluded.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

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

  18. #18
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Amethyst View Post
    However as we are pre witness statements, if it does go that far, it would be useful to know IF there were misrepresentations made, particularly as Restons have already said 'why would you pay if you didn't admit you owe the debt' ... just by way of a counter to anything they may raise.

    Which is why I told the OP that the issue could wait until the Witness Statement stage.


    Quote Originally Posted by Diana M View Post
    You can deal with Restons' conduct issue later in the proceedings if necessary - perhaps in her Witness Statement.
    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

  19. #19
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Hi, having checked the documents received from Restons this week they consist of 3 page badly photocopied credit agreement, a template of a default notice that they claim would have been sent to me a screenshot of the OC case management file showing that the DN was issued, however this shows no identifing information, and a printout of the OC payment history.
    I have all correspondence they have sent in relation to the claim.
    Thanks
    Last edited by Pwt50; 16th September 2017 at 04:29:AM. Reason: Missing information

  20. #20
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,365
    Mentions
    144 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    a default recorded by owner is all that is needed to say default issued on such a date.

    CCA must be legiible and clear.

  21. #21
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?

  22. #22
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,365
    Mentions
    144 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Pwt50 View Post
    So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?
    no only state on records as one has been despatched- it seems.

  23. #23
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Pwt50 View Post
    So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?
    They need to produce a copy of the DN or a reconstituted copy of the DN otherwise how can a DJ decide whether they have complied with their statutory obligations (s.87 (1)) if challenged by the Defendant as a legal argument?

    In your case since this is/was a joint account they would have to produce the DN for each of you.

    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

  24. #24
    Pwt50's Avatar

    Junior Member



    Joined
    Dec 2016
    Posts
    25
    Mentions
    0 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Thanks Di, as I mentioned all they have provided is someone else's DN with the details redacted and a screenshot of the OC case management file

  25. #25
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    4,359
    Mentions
    769 Post(s)

    Default Re: Reston false claim to having obtained a CCJ

    Quote Originally Posted by Pwt50 View Post
    Thanks Di, as I mentioned all they have provided is someone else's DN with the details redacted
    Oh good. Don't tell them they've got that wrong

    Although how do you know it's someone else's DN if the details are redacted?

    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

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 8
    : 17th July 2017, 07:57:AM
  2. Received Claim Form From Reston
    By koss in forum Bringing a Court Claim?
    Replies: 1
    : 21st April 2016, 15:16:PM
  3. Reston and Cabot court claim
    By Millie311011 in forum Received a Court Claim?
    Replies: 13
    : 18th May 2015, 09:19:AM
  4. Reston Solictors - Court Claim
    By solojedi in forum Received a Court Claim?
    Replies: 33
    : 19th December 2014, 08:57:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeaglesģ are DPA Registered No. ZA158014
LegalBeaglesģ is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP