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  1. #1
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    Default Restons Solicitors

    Hello,

    If anyone has the time I'd be really grateful for some advice.

    Court action has been stayed for a about 6 months. I've received a letter today from Restons inviting me to withdraw my defence as its my last opportunity. It says it includes:

    Signed credit agreement
    Transaction logs
    Reconstituted copy of default notice
    Notice of assignment

    The credit agreement they have sent is largely blurred.
    The transactions are just a list of dates and credit / debits run up on excel. They are not on any sort not headed paper or a statement.
    I never received the notice off default. Don't they have to prove postage?

    They want me to fill out an admission form and return it to them
    Should I?

  2. #2
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    Default Re: Restons Solicitors

    Hi Donel, welcome to LB.

    Is it still stayed?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  3. #3
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    Default Re: Restons Solicitors

    Yes it's still stayed. They want me to make an admission now and withdraw my defence as they have provided some documents.

  4. #4
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    Default Re: Restons Solicitors

    Hi Donel

    Did you send a SAR to the original creditor?
    How much is the claim ( It might make a difference as to what to do next)?
    When was the account opened?
    They are hoping you will admit it so they do not have to pay a fee to lift the stay ( even if they think they have a case)
    @Diana M

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    Default Re: Restons Solicitors

    Hi, default letter says July 2011, last payment September 2011. They say they bought it October 2015. Account opened 2007.

    Yes, it's taken them 6 months to get the documents from Capital One, hence the stay.
    Last edited by Donel361; 1st April 2017 at 16:13:PM. Reason: Missed a point

  6. #6
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    Default Re: Restons Solicitors

    Oh Capital One

    I just love them

    Just a question, did you continue to make payments after defaulting?

    Did you send a subject access request to Capital One?

    If you didn't send a SAR you might want to do it now, could be £10 well spent.

    Wait for Di or Jo to pop in before you say anything to Restons

    I am sure she is just in Waitrose or JL at the moment ( I'll duck to avoid the punch)

  7. #7
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    Default Re: Restons Solicitors

    Thanks.

    Made 2 monthly payments after the date they day they say they defaulted me. No sar to capital one. I just replied to the defence then Cabot/restons got the documents.

  8. #8
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    Default Re: Restons Solicitors

    Have you sent a s78 CCA request + fee to the Claimant?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  9. #9
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    Default Re: Restons Solicitors

    No but will do. Thanks.

  10. #10
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    Default Re: Restons Solicitors

    That CCA is very important and could be the winner in your case..

  11. #11
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    Default Re: Restons Solicitors

    Hi,

    I advised Restons that I have submitted a SAR to Capital One and said I do not think the copy of the CCA they sent is illegible as it is blurred. I also said the default notice I never received has no mention of how much is being demanded and it doesn't give me 14 days to put matters right (I've read it should have).

    They have replied with an A3 print of she cca which is still blurred. They say as I am unwilling to withdraw my defence they are advising Cabot to make an application to the court to strike out my defence and get a judgement.

  12. #12
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    Default Re: Restons Solicitors

    Donel

    I am confused and think you may be.

    Just last week you said that you were going to send a S78 request and this week you are saying that the CCA they sent you is blurred.
    I am assuming you are talking about the agreement you received from Restons before the claim was stayed?

    A S78 request IS a CCA
    If you send a S78 request with the fee they have to comply with legible documents and if not they can not enforce the debt , well that is the short version

    If you asked the solicitors for a copy of the agreement and did not say it was a S78 request with the £1 fee they can knock up any old rubbish as it has no legal standing

    Maybe you have replied on another thread somewhere but it is not clear here

    I am told that Restons are very tough and will try to bully you. They may well apply for a judgment, you need to get all this lined up

    Post crossed with @Diana M

  13. #13
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    Default Re: Restons Solicitors

    Quote Originally Posted by Donel361 View Post
    I advised Restons that I have submitted a SAR to Capital One and said I do not think the copy of the CCA they sent is illegible as it is blurred. I also said the default notice I never received has no mention of how much is being demanded and it doesn't give me 14 days to put matters right (I've read it should have).

    They have replied with an A3 print of she cca which is still blurred. They say as I am unwilling to withdraw my defence they are advising Cabot to make an application to the court to strike out my defence and get a judgement.
    Restons can advise their client what they like but it doesn't mean they'll get a CCJ against you unless they convince the court the debt is enforceable.

    If they make a Summary Judgment Application to strike out your Defence (which I've not seen) they will have to convince the DJ that your Defence is rubbish and so shouldn't be tested at a full trial which would be a waste of court time and resources.

    I've taken a peek back through your thread but I can't see what this claim is for or how much etc.

    I can see you've made some tactical errors (not your fault ) by telling the Claimant's solicitors too much information.

    By saying the credit agreement is illegible and blurred they've gone off and created a better, bigger A3 version.

    You've also told them what you believe is wrong with the Default Noticed which they've disclosed so expect them to now reconstitute a better/more accurate version of that too.

    Less is more with litigation. Basically never tell the other side anything unless ordered to by the court (there are some exceptions).

    I don't know why you've told them that you've sent a SAR to Capital One because that's none of their business either. Depending on the amount of the claim they could ask the court to force you to disclose the contents of your SAR response.

    So let's go back to the beginning to see what needs to be done.

    First of all post (or type up) the Particulars of Claim removing anything that could identify you. That way it'll be clear what they are claiming and why they think they have the right to claim it.

    If the claim is stayed then leave it that way for now and don't enter into any more letter writing allowing them to fish for information. As lawyers say "we don't litigate through correspondence".

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t 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

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    Default Re: Restons Solicitors

    Thank you. Sorry, all this is new to me. I'll do as advised. Have a great weekend.

  15. #15
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    Default Re: Restons Solicitors

    Quote Originally Posted by Donel361 View Post
    Sorry, all this is new to me. I'll do as advised. Have a great weekend.
    No need to say sorry - I'm on your side.

    I want to give you the tools to fight your claim.

    I wasn't giving you a telling-off

    You have a good weekend too and we'll catch up again on Monday.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t 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

  16. #16
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    Default Re: Restons Solicitors

    @Donel361

    It would help us to advise if you could post up the documents you have received after removing all personal identifiers, if you have a problem doing this I'm sure @Kati from the LB team will help you!

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  17. #17
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    Default Re: Restons Solicitors

    I would suggest lets start at the very beginning, Its a very good place to start :-)
    Need the particulars of claim and exactly what was sent by Donel in response.

    That way nothing will be missed

  18. #18
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    Default Re: Restons Solicitors

    Hi, Here is a copy of the claim form. I'll get some of the other correspondence up as soon as I can.
    Attached Images Attached Images

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    Default Re: Restons Solicitors

    Quote Originally Posted by Donel361 View Post
    Hi, Here is a copy of the claim form. I'll get some of the other correspondence up as soon as I can.
    pdf i twe cannot see it in its form

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    Thumbs up Re: Restons Solicitors

    Here is a PDF version.
    Attached Files Attached Files

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    Default Re: Restons Solicitors

    Hi Donel

    So what have you sent and to whom?

    Have you sent a S78 request with the £1 fee?
    If so who to?
    If it was sent has there been a reply?

    Have you sent a CPR 31.14 request?
    If so what did you ask for and who did you send it to?
    Have you had a reply?
    If so what did it say?

  22. #22
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    Default Re: Restons Solicitors

    This is what I sent to Restons and used as my defence saying that I disputed the debt.

    To whom it may concern,

    I have received a recent court claim from your organisation.

    I have absolutely no problem making repayment arrangement with any of my debtors but I have no information or recollection of this account. I therefore can’t conclude whether I am fully liable, partially liable or indeed liable at all. In order to make a fair decision on admission or defence I require some information. Given that this matter is now the subject of legal proceedings brought by you, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

    The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

    1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

    1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

    (a) a copy of the procedure(s) used for copying, storing and retrieving documents
    (b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
    (c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
    (d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

    2. All records you hold on me relevant to this case, including but not limited to:

    a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
    b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this alleged account.
    c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
    d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
    e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
    f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
    g. A list of third party agencies to whom you have disclosed my personal dataand a summary of the nature of the information you have disclosed.
    h. Copies of statements for the entire duration of the credit agreement.

    3. Any other documents you seek to rely on in court.

    I require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.
    Last edited by Amethyst; 10th April 2017 at 15:18:PM. Reason: removed link

  23. #23
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    Default Re: Restons Solicitors

    Donel

    I have to wonder where you got that defence or letter from, certainly not here.

    I think you might need a solicitor to advise on getting out of this mess as what I see is no proper defence at all.

    You have been advised to send a s78 request several times and haven't done so, or so it seems . You must do this asap.

    you also need to send a cpr31.14 request

    The links to both those are available in the section of the forum called received a court claim
    @Kati could you move this to the appropriate forum

    I am on an iPad so sorry if I can't link or write a detailed response that does t sound harsh.

  24. #24
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    Default Re: Restons Solicitors

    Hopefully this will work

    CCA Request
    CPR 31.14 Request

    I think you may need to ask permission to amend your defence once the CCA request is sent

    One of the problems that I can foresee is that the claim will probably be assigned to the small claim track and many of the civil procedure rules do not necessarily apply

    If you are on a low income you may qualify for fee remission for a request to amend your defence
    Another problem is that because the account was opened after april 2007 you can not rely on S127(3) which means providing that they can show on balance you did sign the agreement and you did use the card then they will win unless you can show other reasons

  25. #25
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    Default Re: Restons Solicitors

    Moved to the right place

    That letter/defence sounds like a Subject access request ? It's not really a defence, well it's not a defence, just a request for information, so it is likely you will need to amend it.

    As Warwick has asked

    Have you sent a S78 request with the £1 fee?
    If so who to?
    If it was sent has there been a reply?

    Have you sent a CPR 31.14 request?
    If so what did you ask for and who did you send it to?
    Have you had a reply?
    If so what did it say?
    The links to those two letters ( CCA / s.78 request and CPR 31.14 request ) are in Warwicks last post.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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