Restons Solicitors/DMS/Next v Me

[Setmefree3]

I don't think you're reading this wrong, DMS it seems are trying to get me to deal with Restons despite them advising Restons to proceed. I filed a CCA request and sent £1 Postal Order that was sent back (I didn't copy Restons in at the time) hence the responses, everything I have posted is in sequence of sending/receiving/replying etc...

Amethyst I agree with you. Also Send a copy of your letter from DMS to Restons pointing out the obvious. I blame my doctor for increasing my Butec(morphine) as it seems to spot errors quicker lol.

[DMSVMoi]

This will want adapting to suit your letter about 'heres a copy of the request sent to your client and their response' …..




maybe also put in something about how their client sent a random copy of a leaflet that you have never seen before and doesn't actually appear to relate to your account....but certainly doesn't comply with the requirements under the CCA 1974 s.78 ( running credit )

With reference to the following line, should I omit this as no date has been set nor paperwork advising of court date received ?
"If you could confirm to me in writing that this is acceptable to your client I will inform the court of the extension in writing"

[DMSVMoi]

Hi
To follow on, today I received the following, looks like they mean business !!!

[jaguarsuk]

In other word we don't have copies of the statements, default notice or notice of assignment, but we hope this letter will sufficiently scare you into paying up.

As for court, they'll have to produce copies of these to win and therefore their suggestion you "revisit your records" won't suffice.

[DMSVMoi]

In other word we don't have copies of the statements, default notice or notice of assignment, but we hope this letter will sufficiently scare you into paying up.

As for court, they'll have to produce copies of these to win and therefore their suggestion you "revisit your records" won't suffice.

Thanks Jaguarsuk, so do I ignore or is there a response I should be looking at now to bully them into the next step ?

[Amethyst]

Is there actually a court claim in play here, I obviously thought there was with the extension request, but reading back I can't see if they have actually issued a court claim since you responded to their letter before action ?

[DMSVMoi]

Is there actually a court claim in play here, I obviously thought there was with the extension request, but reading back I can't see if they have actually issued a court claim since you responded to their letter before action ?

I thought there was but have also reread and no, no dates or anything so it seems they are hoping for me to pay up and not query anything. Reading the letter from them yesterday they are threatening court action but haven't done so yet.

[DMSVMoi]

UPDATE
Today I have received a claim form from Northampton,Restons certainly didn't want me to have any further time did they ??
I'm really unsure of what to do now. One one hand they haven't provided what I have asked for but are still pursuing a claim and I really don't fancy a day in court trying to defend this :-( Not really sure how I should reply to the court letters.

[Amethyst]

There is a bit of a process to go through now - have a read here First Steps
Bit same as what you've already done but now there's a court claim anything you do can be used in the case - you can try negotiate and settle before court once you see what they come back with so putting 'intend to defend in full' now doesn't hold you to doing that if you would rather mediate and settle later.

[DMSVMoi]

There is a bit of a process to go through now - have a read here First Steps
Bit same as what you've already done but now there's a court claim anything you do can be used in the case - you can try negotiate and settle before court once you see what they come back with so putting 'intend to defend in full' now doesn't hold you to doing that if you would rather mediate and settle later.

Thanks Amethyst, is there anything I can do regarding the letter previously from Restons (post #33) that I should add to the court paperwork, to be honest if I had signed paperwork and a breakdown and owed the money I would enter into some sort of payment but they don't provide me with anything to allow this, just send threatening letters etc... I will look fully at the court paperwork today and get this sent off as I believe I only have 14 days but I've never been through this process and am wary of being bamboozled by solicitor jargon.

[Amethyst]

No need to feel bamboozled by anything - just ask and we'll get it back to plain English for you xxxxx

For now with the court claim you are ONLY completing the ACKNOWLEDGEMENT OF SERVICE section with 'I intend to defend in full' box ticked. That's all.

Then the CPR 31.14 request to RESTONS ( type out the particulars of claim from the form so we know what to ask for)
There's no need to send another CCA request to DMS.

The lack of response to your pre-action request for information will be put in your defence to argue that the costs shouldn't be awarded against you should they go on to win.

The Restons letter says 'we understand our client... has sent you a SIGNED copy of the agreement' which they have not - just the leaflet from here http://legalbeagles.info/forums/foru...09#post1410909

[DMSVMoi]

No need to feel bamboozled by anything - just ask and we'll get it back to plain English for you xxxxx

For now with the court claim you are ONLY completing the ACKNOWLEDGEMENT OF SERVICE section with 'I intend to defend in full' box ticked. That's all.

Then the CPR 31.14 request to RESTONS ( type out the particulars of claim from the form so we know what to ask for)
There's no need to send another CCA request to DMS.

The lack of response to your pre-action request for information will be put in your defence to argue that the costs shouldn't be awarded against you should they go on to win.

The Restons letter says 'we understand our client... has sent you a SIGNED copy of the agreement' which they have not - just the leaflet from here http://legalbeagles.info/forums/foru...09#post1410909

Many Thanks
The front of the form States:
The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Next Directory dated on Dec 17 2012 and assigned to the Claimant on Jul 09 2016
PARTICULARS A/C .............
Date 20/4/2018 Default Balance 2469.88 Post Refrl Cr Nil
Total 2469.88

So I tickPage 2 part 1, I intend to defend all of this claim, add my DOB and signature and just send off page 2, is that correct.
Then send CPR 31.14 with your recommendation ?

Sorry, feels so silly having to ask but I bet the average person feels like me !!

[Amethyst]

Yes that's right.

Then send the CPR request letter to the solicitors asking for, well, they only mention the contract …. but also ask for the Notice of Assignment and Default Notcie ( they can only say no and the only difference is IF you evwer had to apply to court for them to comply with your request you could only expect an order for the contract )

So put

1) Contract
2) notice of Assignment
3) Default Notice

And yes, I'm sure most people feel the same as you and the court doesn't help matters, all their guidance is aimed at claimants and businesses.... is it any wonder that 87% of claims go straight to a default judgment.

[DMSVMoi]

Have carried out as advised
AOS online this morning and CPR request about to be posted.
How long do these things take from now as I will be away from August 11th until 1st September due to going to Spain to see my Father who is very ill ?

[DMSVMoi]

Yes that's right.

Then send the CPR request letter to the solicitors asking for, well, they only mention the contract …. but also ask for the Notice of Assignment and Default Notcie ( they can only say no and the only difference is IF you evwer had to apply to court for them to comply with your request you could only expect an order for the contract )

So put

1) Contract
2) notice of Assignment
3) Default Notice

And yes, I'm sure most people feel the same as you and the court doesn't help matters, all their guidance is aimed at claimants and businesses.... is it any wonder that 87% of claims go straight to a default judgment.

Have carried out as advised
AOS online this morning and CPR request about to be posted.
How long do these things take from now as I will be away from August 11th until 1st September due to going to Spain to see my Father who is very ill ?
Do I need to start any defence online or wait until I have a reply ?