Restons Solicitors and made up payment

[Nichola1970]

Hi I have recently been taken to court by Restons Solitors for a loan dating back to 2004. They claim to be acting on behalf of Cabot Financial Ltd.
I responded to the court with a defence that the debt was statute barred as I have had absolutely no contact with this company for over 8 years.
Restons have sent a response back tyo the courts letter saying that a payment 'was received towards the account' on 02/08/2010 so they dispute that the account is statute barred.

I in NO WAY made a payment towards this account and i am not quite sure where to go next as they have asked me to complete the enclosed N9A and return it to them.
Any help on this matter is greatly appreciated as I only have 8 days left to reply and its stressing me out that they can do this to people.
Do I respond ? if so what do i say and will contacting them restart the clock ? is this one of their sly tactics ?

Or do I ignore and if i do that will they just win the claim against me ?

Thanks for reading
Nichola1970

[enaid]

Re: Restons Solicitors and made up payment

Have you asked for proof of the payment?

[Nibbler]

Re: Restons Solicitors and made up payment

Sadly, claiming either clearly fabricated or highly dubious payments seems to be becoming the standard practice for the more amoral debt collectors when faced with a statute barred debt in a court claim.

See recent thread here --> Strict Proof for a Statute Barred Debt Payment

[Amethyst]

Re: Restons Solicitors and made up payment

When you say they have replied to the courts letter - do you mean the court have sent them your defence and they have responded to say they wish to continue and sent you a letter detailing a payment, or have they entered Witness Statement's etc ?

Yes you should reply but how to reply depends on exactly what stage you are at in the court process.

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi thanks for replying so quickly. Yes the court have sent them my defence and they have come back with this mysterious payment which I know I have not made.
They have given me 14 days to send off the N9A. I answered the court claim with a defence in a few days and this has just come back.
I was just worried if i replied asking for prooof etc would that be classed as getting in touch and the clock restarting.
I really dont know what to do next whether to ask for proof or ignore.
They have 28 days to get back to contact the court after receiving a copy of my defence which they have.
Can they just now go to the court and say i made the payment if i agnore them
Bit lost. thanks for the replies
Nichola

the court letter says that the claimant may try to contact me direct to to attempt to resolve the matter. if the dispute cannot be resolved informally (which it cant as they are lying) then the claimant will inform the court if it wishes to proceed.

[Nibbler]

Re: Restons Solicitors and made up payment

I was just worried if i replied asking for prooof etc would that be classed as getting in touch and the clock restarting.

No it doesn't.

The 6 years clock sets a limit for them to start court proceedings.

They've already done that, so it was either within the 6 years or not. It's done.

If you are sure this payment was not made, then you tell them that, and demand that if they disagree that they prove to you and the court otherwise.

If they are trying to bully you into completing the N9A rather than going to court, then it sounds as if they aren't very confident in this so called payment?

[Nichola1970]

Re: Restons Solicitors and made up payment

Would anyone have a letter template that I can use so I dont miss anything out or word it incorrectly please
Thanks so much for all your help i cant believe these companies are allowed to do things like this and get away with it

[Mikey4]

Re: Restons Solicitors and made up payment

Hi
I am having exactly the same problem with Reston,with them making phantom payments on my account!
unfortunately for me, they have beaten me which I feel is such an injustice! How they can get away with this sort of thing is beyond me!
the system is corrupt!

I wish you all the best with your defence,if you do happen to get anywhere with it,I would love to hear how you've got on.

[Nibbler]

Re: Restons Solicitors and made up payment

Yes. Sadly judges seem to believe the flimsiest thing in their desire to side with creditors and their solicitors. The odds are stacked way against defendant in things like this.

[righty]

Re: Restons Solicitors and made up payment

Yes. Sadly judges seem to believe the flimsiest thing in their desire to side with creditors and their solicitors. The odds are stacked way against defendant in things like this.

However you can win but it requires an amount of due diligence on the part of the defendant. Many assume that as they never made such a payment all they have to do is say so in court and they'll be believed why? because its true of course. BUT you have to prove that you didn't. You can only do this by trying to collate all of the evidence you have bank statements, dates of where you were etc AND you must put your accusers to absolute proof AND demand to see their so-called evidence.

You have to give the court something they can hang their hat on and now't beats a cogent evidence based argument

[righty]

Re: Restons Solicitors and made up payment

AND (I've just been reminded) by BH that they might even try to claim that someone else must have made the payment for you

[Mikey4]

Re: Restons Solicitors and made up payment

The problem I had was that I supplied all bank statements clearly showing no payments made to them, but it didn't make a blind bit of difference to the judge!!!!

[righty]

Re: Restons Solicitors and made up payment

The problem I had was that I supplied all bank statements clearly showing no payments made to them, but it didn't make a blind bit of difference to the judge!!!!

Then I suggest you may have grounds for an appeal

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi everyone basically I asked them to provide me with proof that the payment had been made within 14 days. They have replied with a letter dated 01/11/2014 saying "in response to your letter dated 04/11/2011" ?? Call me cynical but is this another trick ?? They have says they are awaiting documents particularly Statement if Account from the client in order to support their case.
They have then gone on to say "it may prove beneficial to provide them with my bank statements from the said date in order to prove that the payment was NOT made.
Basically they have bounced it back to me to prove when I asked them to prove it !! Within 14 days. This takes it over the 28 days the court has given to get back to them !

what do I do from here for the best ? Any help yet again appreciated

many thanks
Nichola

[Amethyst]

Re: Restons Solicitors and made up payment

Have you asked them the method by which the payment was made ?

If they haven't told you that then I wouldn't show them your bank statements as I suspect once they see you haven't paid them, their story will change to say you paid in cash or by credit card or a different account etc. So yes it may prove beneficial, to them.

Do you have copies of your statements anyway ? If not you should ask your bank for copies of transactions around the time they are saying the payment was made.