Help please, Urgent! CCJ defence MFS Portfolio/Restons.

[nemesis45]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Thanks that's helpful; I'm worried about making a mistake in the details. I've been advised to go for a holding defence of 14 days and see if they can produce the credit agreement. I'm sure they did the original loan sale over the phone so fingers crossed it wasn't documented amazingly! Unfortunately I've slipped up in making a payment but going to to ring Restons tomorrow and go from there. Thanks everyone for this! I couldn't get through to the CAB and StepChange knew less than I did! This has been a massive help xxxx

Not quite defence to be entered or asking for a 14 day extension to file a particularised defence.

nem

[Amethyst]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Do you mean an extension of 14 days ? Little bit here about agreeing an extension - http://www.legalbeagles.info/forums/...filing-defence

Then if no docs by the end of the agreed extension date put the defence in on the basis of no documents as per previous link.

Stepchange are good for a bog standard DMP but for court issues they aren't much cop really. CAB are better but default setting seems to be admit, offer to pay and an IE sheet .... it's not the end of the road getting a court claim - its a kick in the bum to get on and sort it out one way or the other - but it's not quite the done deal the formal agencies seem to make out.

[nemesis45]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Do you mean an extension of 14 days ? Little bit here about agreeing an extension - http://www.legalbeagles.info/forums/...filing-defence

Then if no docs by the end of the agreed extension date put the defence in on the basis of no documents as per previous link.

Stepchange are good for a bog standard DMP but for court issues they aren't much cop really. CAB are better but default setting seems to be admit, offer to pay and an IE sheet .... it's not the end of the road getting a court claim - its a kick in the bum to get on and sort it out one way or the other - but it's not quite the done deal the formal agencies seem to make out.

Yes extension if granted then CCA request.

nem

[Amethyst]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Ahh right yes read back now, so ring and ask them to agree an extension - as it is restons don't be suprised if they don't agree though. What is the actual date printed on the claim form ( does it have a date of service printed on it too ? some do these days) ( and sorry if I've missed the date through the thread )

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Ok. So just to check because I'm confusing myself... I email the court if Restons agree to the extension.If they don't or I can't get through (not been able to previously) I file a defence?The defence would be I need more time to obtain documents because Restons haven't answered my previous letter requesting info. Is this right?Either way I know to do the CCA request.

- - - Updated - - -

Issue date 2/12/15. It says the date of service is taken as 5 days after this. The AOS was received by the court 21/12/15.

[Amethyst]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Okay, just checking that your dates are right - yes Monday 4th is defence deadline.

I email the court if Restons agree to the extension.If they don't or I can't get through (not been able to previously) I file a defence?The defence would be I need more time to obtain documents because Restons haven't answered my previous letter requesting info. Is this right?Either way I know to do the CCA request.

Yes.

Ask Restons to ask their clients to agree to an extension of the date for filing a defence as they have not yet responded to your letter. It can only be up to 28 days extension.

If they say yes email the court and inform them of the agreed date.

If they say no then yes get a ''holding'' defence in.

As you haven't yet sent a CCA request you can't plead non compliance with it but you can certainly plead a lack of information, non response to your letter asking for more information etc and the debt being disputed. ( And yes get a CCA request sent off tomorrow to the creditor ( Cabot) .

Have you already done a draft of the holding defence?

I think this bit

full payments just a reduction that was agreed wioth Lloyds.

should be mentioned in there too.

[nemesis45]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Ok. So just to check because I'm confusing myself... I email the court if Restons agree to the extension.If they don't or I can't get through (not been able to previously) I file a defence?The defence would be I need more time to obtain documents because Restons haven't answered my previous letter requesting info. Is this right?Either way I know to do the CCA request.

- - - Updated - - -

Issue date 2/12/15. It says the date of service is taken as 5 days after this. The AOS was received by the court 21/12/15.

1. Phone Restons 0900, ask for extension of 14 days to file due to delays over holiday period.
2. If Restons agree e-mail + phone to court to notify extension granted.

Or: Enter defence based on no documents available due to Claimants Solicitors
late response.
And you cannot reconcile the amount claimed.

CCA request to Claimant + £1 statutory fee, by signed for post. asap.

nem

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Thank you!!! I will update tomorrow after (hopefully!) speaking to Restons. xxxx

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Hi all, managed to get through to Restons this morning. They gave me an extension but only until Friday (8/1/15), better than nothing I suppose!
I'm going to ring the court now to inform them.
I'll have to put the defense in to ask for longer to get the docs in the next few days though so would appreciate any advice in how to word this, points to include etc.
For the CCA - am I right in thinking I send this to MFS Portfolio Ltd? The case is Restons solictors acting for Cabot appointed by the creditor MFS Portfolio.
Thanks!

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Joy! The court's telephone system is down. Worth noting if anyone else is trying to get through today!
I've emailed ccbcdefendants@hmcts.gsi.gov.uk and explained I have an extension. I've received an automated reply to say this has been received so I'm presuming I'm covered but would have preferred to speak to someone!

[spirit2534]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Thanks that's helpful; I'm worried about making a mistake in the details. I've been advised to go for a holding defence of 14 days and see if they can produce the credit agreement. I'm sure they did the original loan sale over the phone so fingers crossed it wasn't documented amazingly! Unfortunately I've slipped up in making a payment but going to to ring Restons tomorrow and go from there. Thanks everyone for this! I couldn't get through to the CAB and StepChange knew less than I did! This has been a massive help xxxx

Good to see another person benefiting from LB

That is one of the unique strengths of LB.
People pulling together

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Hi, just want to update on the situation above and ask a few questions.

I submitted a defense and stated I was waiting for docs.

I wrote to the creditor (MFS Portfolio) and asked for a copy of the agreement. It was delivered on 11/1/16 according to Royal Mail.
I also wrote to Restons solicitors asking for the docs listed on the claim form; the agreement and notice of assignment. this also shows delivery on 11/1/16.

I've had a letter today from Cabot acknowledging receipt of my letter on the 8/1/16 (the day I posted it??) and stating:

"We write with reference to your letter received in our office dated 8th January 2016, for copy of your Agreement (Request Pursuant to S.77 (1) S78 Consumer Credit Act 1974.)
As a company we are at liberty to supply any details we hold relating to your account on file, however we do not hold a copy of Agreement, therefore we have applied to the original creditor for copy of the document and will contact you once received."

My questions are:
1. Does saying they have to go the creditor mean they get an extension to the 14 day period? To be clear I did not write to Cabot at their office I wrote to MFS Portfolio BUT they're based in the same building because they're basically the same company!
As I have already requested this from the original creditor I don't see why they have to do this.

2. A follow on from 1. Do I need to tell Cabot that I wrote to MFS not them so it's recorded?

3. I posted the letter 8/1/16 but Cabot have stated they received the letter on this date. As they have confirmed it does this mean this is the date the clock starts on the 14 days?

4. I've had no reply from Restons solicitors. Are they also tied to answering in 14 days?
[MENTION=55034]nemesis45[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION]

- - - Updated - - -

Just thought... When they state "original creditor" do they actually mean LLoyds Bank?
Again, does that buy them an extension or do they still only have 14 days?
Thanks!

[nemesis45]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

Hi, just want to update on the situation above and ask a few questions.

I submitted a defense and stated I was waiting for docs.

I wrote to the creditor (MFS Portfolio) and asked for a copy of the agreement. It was delivered on 11/1/16 according to Royal Mail.
I also wrote to Restons solicitors asking for the docs listed on the claim form; the agreement and notice of assignment. this also shows delivery on 11/1/16. All good!!

I've had a letter today from Cabot acknowledging receipt of my letter on the 8/1/16 (the day I posted it??) and stating: One word answer Idiots. keep it safe may be useful later.

"We write with reference to your letter received in our office dated 8th January 2016, for copy of your Agreement (Request Pursuant to S.77 (1) S78 Consumer Credit Act 1974.)
As a company we are at liberty to supply any details we hold relating to your account on file, however we do not hold a copy of Agreement, therefore we have applied to the original creditor for copy of the document and will contact you once received.

My questions are:
1. Does saying they have to go the creditor mean they get an extension to the 14 day period? To be clear I did not write to Cabot at their office I wrote to MFS Portfolio BUT they're based in the same building because they're basically the same company No if you want an extension phone the solicitors and ask. The " creditor" refers to the original creditor. agreements are not supplied when debts are sold.
As I have already requested this from the original creditor I don't see why they have to do thi

2. A follow on from 1. Do I need to tell Cabot that I wrote to MFS not them so it's recorded?No

3. I posted the letter 8/1/16 but Cabot have stated they received the letter on this date. As they have confirmed it does this mean this is the date the clock starts on the 14 days?No there is no extension, as said above, the court process continues as normal.

4. I've had no reply from Restons solicitors. Are they also tied to answering in 14 days?
@nemesis45 @Kati @Amethyst

- - - Updated - - -

Just thought... When they state "original creditor" do they actually mean LLoyds Bank yes
Again, does that buy them an extension or do they still only have 14 days?
Thanks!

No there is no extension the claimants " on hold" means nothing, all
carries on as normal.

nem

[skint80]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

To clarify when I said extension I meant for them not me. As in can they have more than 14 days to get the docs back to me but from you're answers it's a no
So essentially if they don't get back to me with the docs by the 25th (14 days from delivery) they're out of time?
Or if I argue that they received it the 8th (their letter) TOMORROW?!

[nemesis45]

Re: Help please, Urgent! CCJ defence MFS Portfolio/Restons.

To clarify when I said extension I meant for them not me. As in can they have more than 14 days to get the docs back to me but from you're answers it's a no
So essentially if they don't get back to me with the docs by the 25th (14 days from delivery) they're out of time?
Or if I argue that they received it the 8th (their letter) TOMORROW?!

It's a definite No the timescale for a CCA request is 12 + 2 Working Days, if the request is not met
then the debt is unenforceable UNTIL the agreement is provided, this is open ended as the claimant
can obtain an agreement or a compliant " reconstituted" one at any time.
That's the process.
The on hold as said has nothing to do with an Extension in it's legal form, the court process must be
followed as normal.