Restons Solicitors & ME III Ltd

[charitynjw]

Re: Restons reply CPR 31.14

I haven't acknowledged the claim

How then have you submitted a defence?

[Kati]

Re: Restons reply CPR 31.14

Reston's letter.

Usual templated tosh, but as you can only ask for the documents on the Particulars of Claim, which you haven't posted, it's not really possible to comment further.

post #2 here (http://legalbeagles.info/forums/show...574#post670574) although I'll merge the threads now

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Thanks for merging [MENTION=49370]Kati[/MENTION]

have I made a mistake with the defence (template used from the forum) I had till the 18th to send it in.

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Can anyone help me with a response to Restons letter above?

[MIKE770]

Re: Restons Solicitors & ME III Ltd

@Kati

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Can anyone help me?

[Diana M]

Re: Restons Solicitors & ME III Ltd

Can anyone help me?

What help do you need xxjennxx?

You've filed a Defence and the court has written to you to confirm that on 16th September they sent it to the Claimant's solicitor who was given 28 days to inform them (the court) if they wish to proceed with the claim. If they don't inform the court within that timescale then the claim is automatically stayed.

You have sent a CCA Request and a CPR 31.14 Request.

If they can't provide the credit agreement (or an honest and accurate recon of the CCA) then they will know that they can't enforce the debt in court since the account was opened in November 2006 according to the POC.

If they don't provide the documents you've requested in your CPR Request then they will be in some difficulty.

In the meantime I can't think of anything you should be doing. If they don't respond to you it can only be a good thing at this stage

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Thanks [MENTION=61310]diana[/MENTION]m

The I've not heard from ME III re the CCA

Restons replied to my CPR saying that I would have been provided with the T&Cs when I opened the account hence they see no reason why I would now require an additional copy. And although I've requested other documentation the PoC contains sufficient info.


just so that I'm clear (apologies) if Restons or ME III don't provide a copy of the documentation requested within 28 days from the 16 Sept they can't claim the money? And if they do respond will they send it to me or the court?

[Diana M]

Re: Restons Solicitors & ME III Ltd

if Restons or ME III don't provide a copy of the documentation requested within 28 days from the 16 Sept they can't claim the money? And if they do respond will they send it to me or the court?

Not exactly

The Claimant/solicitors have to inform the court whether they intend to continue with the proceedings within the 28 day deadline. They don't have to say why they want to continue or whether they have the documents they'll need to succeed at Trial.

A stay is just a pause button to give both parties time to have second thoughts or settle privately.

Restons tend to soldier on regardless because they know there will be the option to have free telephone Mediation which they'll see as an opportunity to get a deal done without the need to go to court (where they might not win).

If either the Claimant or their solicitors obtain the paperwork they will send it direct to you not the court.

Restons often say that they don't need to send you the Ts & Cs because you would have been sent them when you opened the account. That's a bit presumptuous if you ask me, and not the point. Whatever did or didn't get sent to you when you opened the account doesn't release the creditor from their statutory obligation to send them to you again (if they ever existed in the first place) in order to comply with your lawful s.78 CCA Request.

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Ok thanks for clarifying I hope they don't keep dragging it out though

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I've had a letter from Restons today acknowledging the defence I filed they have also sent me a copy of the admission section of the court papers. I have attached the letter can someone help me with a reply?

[Diana M]

Re: Restons Solicitors & ME III Ltd

What admission?

Did you make an admission when you filed your AOS?

Or have I misunderstood your post?

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I've attached it. No I haven't filled it in I'm assuming they just desperately want me to pay it

[Diana M]

Re: Restons Solicitors & ME III Ltd

No I haven't filled it in I'm assuming they just desperately want me to pay it

Ah, I see.

They've sent you a blank admission form to fill in. That's a bit cheeky.

Anyway on Page 2 of their letter they have made the admission that they don't have the paperwork so have had to ask the original creditor for it.

That's good news

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

That's what I though haha

Do I have to reply to them or just keep waiting? They've got to be running out of time!