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Thread: Another Reston's thread

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  1. #26
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    Default Re: Another Reston's thread


    ICO Register:-

    Registration Number: Z5599433

    Date Registered: 26 July 2001 Registration Expires: 25 July 2017
    Data Controller: NewDay Cards Ltd
    Address:
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    N1C 4AG
    Other Names:
    Amazon Card
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  2. #27
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    Default Re: Another Reston's thread

    Found this
    Access to your information

    Under the Data Protection Act 1998 you have a right to access certain personal records that we hold about you. This is called a data subject access request and you can make a request by writing to Customer Services Team, NewDay Ltd., PO Box 700, Leeds LS99 2BD. A fee is payable.
    http://newday.co.uk/privacy-policy/
    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. #28
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    Default Re: Another Reston's thread

    OK, I have now had a claim form from Northampton county court dated 8th June, this is the only communication I have had since the first letter that Restons sent dated 15th may, when the letter stated that if I did not contact them by the 29th may, this could result in further action, which may include the issue of a county court claim form.

    The particulars of the claim are as quoted " the claimant claims payment of the overdue balance due from the defendant (s) under a contract between the defendant (s) and NewDay ltd dated on or about Feb ** 201* and assigned to the claimant on Oct** 201*

    So what are my next steps? I plan on defending, so when is it best to go online and register that I wish to defend the claim? The form talks about 28 days when does this start?

  4. #29
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    Default Re: Another Reston's thread

    First Steps ||


    acknowledge on line @ MCOL and tick defend all, then come back here


    no need for a defence at this stage on MCOL

  5. #30
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    Default Re: Another Reston's thread

    OK, done that. What are my next steps?

  6. #31
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    Default Re: Another Reston's thread

    Hi

    Three things to do
    1) send a CCA request to whoever the claimants are ( they will be listed on the claim form CCA Request
    2) Send a CPR 31,14 request to Restons asking for a copy of the agreement and details of the assignment ( notice and deed of assignment)


    Did you send a SAR to Newday , if not that needs doing as well

  7. #32
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    Default Re: Another Reston's thread


  8. #33
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    Default Re: Another Reston's thread

    OK, about to send off the letters, but going through the template for the CPR 31.14 request, it looks like according to the claim form I can only ask for the assignment as that's the only documents mentioned in the claim form, is this correct?

    Also in the CPR template, there is a space for a date for filling my defence, just not sure what date to put in, can anyone help with that please.

  9. #34
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    Default Re: Another Reston's thread

    Quote Originally Posted by fidelandche View Post
    OK, about to send off the letters, but going through the template for the CPR 31.14 request, it looks like according to the claim form I can only ask for the assignment as that's the only documents mentioned in the claim form, is this correct?
    It mentions the contract as well, & contracts usually contain Terms & Conditions.

    Also in the CPR template, there is a space for a date for filling my defence, just not sure what date to put in, can anyone help with that please.
    claim form from Northampton county court dated 8th June
    11th July.
    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

  10. #35
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    Default Re: Another Reston's thread

    Thanks for that

  11. #36
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    Default Re: Another Reston's thread

    Ok, the letters have been sent, what is my next step?

  12. #37
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    Default Re: Another Reston's thread

    If it were me I'd be checking historic bank records, especially if the alleged debt is, or is close to, statute barred.
    (You've blanked the dates on the PoC, so it's difficult to tell.)
    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

  13. #38
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    Default Re: Another Reston's thread

    The alleged debt is not near being statue barred, I guess I'm looking for when I started to pay and when I stopped paying?

  14. #39
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    Default Re: Another Reston's thread

    Had a look today on Royal Mail to check if they (NewDay) had got the letters that I had sent (Restons have got theirs) but as of yet, Royal Mail is still saying that it is waiting to be delivered, the letters were sent on the 15th June by first class signed for. I am guessing that either Royal Mail has lost the letters or NewDay have refused to sign, if that is the case I am guessing that the letters will be returned to me and if this is the case, I am guessing that this will be used in my defence?

    Talking about my defence, when should I start it? and is there a template I can use as not really sure of what to put in the defence.

  15. #40
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    Default Re: Another Reston's thread

    Hi
    I had this with a letter to Lowell- according to Royal Mail it said it was out for delivery but when I questioned it they produced a signature

  16. #41
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    Default Re: Another Reston's thread

    Hi warwick65,

    Did you email or ring Royal Mail?

  17. #42
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    Default Re: Another Reston's thread

    I am guessing that either Royal Mail has lost the letters or NewDay have refused to sign, if that is the case I am guessing that the letters will be returned to me and if this is the case, I am guessing that this will be used in my defence?
    If a 'SignedFor' letter is returned unsigned, this could be used as proof that it was not served on the intended recipient.
    & if so, this could overcome the usual 'proof of postage is proof of receipt' rule.
    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

  18. #43
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    Default Re: Another Reston's thread

    So best to chase Royal mail then? Is it nest to ring or email?

  19. #44
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    Default Re: Another Reston's thread

    If it is the SAR, it's cost £10 (fee) + postage.
    If it were me I'd want to know where it is.
    Royal Mail should be able to tell you, & they can also check to see if the postal order has been cashed.
    I believe that you need to get the appropriate form from the Post Office, & you will need the receipt.
    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

  20. #45
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    Default Re: Another Reston's thread

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  21. #46
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    Default Re: Another Reston's thread

    I have always emailed and while it doe take a few days I always have received a reply.

    I have always found that being direct ( but not rude) helps because they tend to just send out a template blah blah response - sometimes I have had to reply with a yes but......

  22. #47
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    Default Re: Another Reston's thread

    OK, I'm still waiting for Royal Mail to get back to me on the letters sent to NewDay, so my defence is due to be submitted online on the 11th of this month, is there a template I can use for this? I'm not sure on what I need to put in my defence, can someone help with this please? I also have not had any response from Restons either.

  23. #48
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    Default Re: Another Reston's thread

    http://legalbeagles.info/forums/show...t-Court-Claims

    There are some example defences most based on non compliance with requests
    @Kati can this be moved to the court claim section please

  24. #49
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    Default Re: Another Reston's thread

    Quote Originally Posted by warwick65 View Post
    @Kati can this be moved to the court claim section please
    sorted xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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

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  25. #50
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    Default Re: Another Reston's thread

    Ok, had a reply from Restons today. I sent a CPR request and a copy of the letter sent to NewDay (CCA request), however Restons are saying that as I have not signed the letters, they want to know if they are dealing with the correct person. The letter also stated that I have to ensure all documentation is signed or they will not acknowledge receipt or provide any response.

    Is this normal? I was under the impression that as long as I had printed my name this was fine? Can I use this in my defense as a way of saying that they are being obstructive towards me and my defense?

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