Restons Solicitors/DMS/Next v Me

[DMSVMoi]

report them to ICO = Information Commisioners Office on line

Done

[DMSVMoi]

Adding as above using details from Amethyst, thank you all so much, as I will be away from next Wednesday is there anything else I need to be aware of or is this now a wait and see scenario ?

[Amethyst]

Once the defence is filed with the court they will Serve a copy on the claimants who will then have up to 28 days to respond to the court as to whether they wish to continue.

Both parties will then receive a directions questionnaire which will need completing and returning. So for now it is a case of wait and see if the claimant intends to proceed.

So you should be okay while you're away once your defence has been filed till you get back. I hope all goes well with your father.

[DMSVMoi]

Once the defence is filed with the court they will Serve a copy on the claimants who will then have up to 28 days to respond to the court as to whether they wish to continue.

Both parties will then receive a directions questionnaire which will need completing and returning. So for now it is a case of wait and see if the claimant intends to proceed.

So you should be okay while you're away once your defence has been filed till you get back. I hope all goes well with your father.

Thank you so much, great help and a source of relief in these times, Thankyou all

[DMSVMoi]

Morning all, so I returned home yesterday and in the time I've been away I have received nothing from Restons or otherwise, defence was submitted 8/8/18 and logged/received on 9/8/18 according to MCOL site. Can anyone just advise what happens next, is there anything else I need to do/ look out for or is it all just a wait and see situation now ?
Thanks

[Amethyst]

It's a wait and see, they have 28 days to respond to the defence or the case is placed on hold, so see where you are second week of September if nothing happens before xxx

[DMSVMoi]

I'm still waiting, over 28 days now, or do they not count weekends !!??

[Amethyst]

Weekends are counted... it seems like your claim will be stayed if the claimant hasn't responded to the defence or the court as yet - or it maybe the court have a backlog of paperwork. I'd give it another week but if you are concerned give Northampton CCBC a call and check the status of the claim with them.

[DMSVMoi]

Weekends are counted... it seems like your claim will be stayed if the claimant hasn't responded to the defence or the court as yet - or it maybe the court have a backlog of paperwork. I'd give it another week but if you are concerned give Northampton CCBC a call and check the status of the claim with them.

Morning, yesterday I received the letter attached from Restons, seems like a plea to get me to withdraw but I'm unsure as to how I should reply. The comment they make regarding Carey v HSBC is maybe the major point although I'm aware of other cases where evidence not provided has been thrown out.

[MIKE770]

they are trying it on see what Amethyst says, they are childish in their ioperational letters at this point>

[Amethyst]

Okay, you'll probably get the directions questionnaires from the courts soon but I think that letter does warrant a reply.

1) that the agreement is incomplete, you don't recognise it at all and dispute that you have ever signed any such agreement ( refering to your defence)
2) that you did indeed receve their preaction letter and responded to it and they failed to provide you with any of the documents requested
3) that the original creditor has failed to respond to your subject access request and you have made a complaint to the ICO
4) the term on the disputed agreement states they must give you two months notice in wiritng to terminate - so copy of that should be provided - and in any event as a regulated agreement it should require a default notice under s.87
5) the agreement refers to terms which aren't included ( says something about terms and conditions detailed in the next directory as well as reference to 'the additional terms')
probably some other things as well.... and that your defence stands and you have no intention of completing the N9a.

Re Carey - have a read of Paul's take on it https://consumercreditlitigationandd...edit-act-1974/
which other cases are you thinking of?

[DMSVMoi]

Okay, you'll probably get the directions questionnaires from the courts soon but I think that letter does warrant a reply.

1) that the agreement is incomplete, you don't recognise it at all and dispute that you have ever signed any such agreement ( refering to your defence)
2) that you did indeed receve their preaction letter and responded to it and they failed to provide you with any of the documents requested
3) that the original creditor has failed to respond to your subject access request and you have made a complaint to the ICO
4) the term on the disputed agreement states they must give you two months notice in wiritng to terminate - so copy of that should be provided - and in any event as a regulated agreement it should require a default notice under s.87
5) the agreement refers to terms which aren't included ( says something about terms and conditions detailed in the next directory as well as reference to 'the additional terms')
probably some other things as well.... and that your defence stands and you have no intention of completing the N9a.

Re Carey - have a read of Paul's take on it https://consumercreditlitigationandd...edit-act-1974/
which other cases are you thinking of?

Using the above points as argument I have today received the attached, I'm really lost where they are going with this, there are also no details against my defence on mycol, the Court said there is a backlog but how long can this go on for, i'm sure if I kept Restons waiting they'd have seen this through Court now and not in my favour !!

[DMSVMoi]

Morning,
Just wonder if somebody could look at post #36 for me please, I'm thinking now that I just have to wait and see but I'm not sure if I should reply and stir up the nest. Bit confused as to where this is heading and I haven't heard from the court despite it being 2 Months, 2 Days, 19 Hours, 48 Minutes and 55 seconds since I filed defence :-) Many Thanks

[Amethyst]

and counting.... they sound a little narky don't they... what was your point iii ? the ICO/Next matter? ( ahh did you literally use what I wrote in post #71 ? )

ii refers to this letter http://legalbeagles.info/forums/foru...85#post1413285

i refers to this letter http://legalbeagles.info/forums/foru...44#post1423544

Okay... so you can wait and see what they come up with, or you could write to the court stating that the claimant has failed to respond to your defence or provide any documents, could the judge take a look and order documents or strike out.... ( although that's like to get a letter back saying you need to file an application for an unless order, which has a court fee of £255 ( unless you could get fee remission (see form EX160 ) ) .We haven't done unless order applications for a few years following a couple of people's applications being denied and a costs order awarded against them - still don't really know why that happened but we're loathe to put people in that position again. Still, it feels terribly unfair, to me, that they can bring these claims without a shred of evidence and then just sit on them for months, or years even ( someone else has just posted about a claim defended in 2012 that the stay has just this week been lifted on to proceed!) while they fart about trying to get documents.

pt2537 - any success with strikes at this stage or are we still stuck leaving the claimants to make up whatever timeline they fancy ?

[DMSVMoi]

and counting.... they sound a little narky don't they... what was your point iii ? the ICO/Next matter? ( ahh did you literally use what I wrote in post #71 ? )

ii refers to this letter http://legalbeagles.info/forums/foru...85#post1413285

i refers to this letter http://legalbeagles.info/forums/foru...44#post1423544

Okay... so you can wait and see what they come up with, or you could write to the court stating that the claimant has failed to respond to your defence or provide any documents, could the judge take a look and order documents or strike out.... ( although that's like to get a letter back saying you need to file an application for an unless order, which has a court fee of £255 ( unless you could get fee remission (see form EX160 ) ) .We haven't done unless order applications for a few years following a couple of people's applications being denied and a costs order awarded against them - still don't really know why that happened but we're loathe to put people in that position again. Still, it feels terribly unfair, to me, that they can bring these claims without a shred of evidence and then just sit on them for months, or years even ( someone else has just posted about a claim defended in 2012 that the stay has just this week been lifted on to proceed!) while they fart about trying to get documents.

pt2537 - any success with strikes at this stage or are we still stuck leaving the claimants to make up whatever timeline they fancy ?

Morning and Thank you once again. I did use the letter almost to the letter to be honest (smacked wrist) although I did point to previous correspondence too.
I think I'll hold fire as I'm in no position to pay any costs never mind what they state I owe at this moment in time and yes it does seem very one sided, if I hadn't submitted a claim in time I'm sure I'd be looking at a CCJ on my record at this time !!
I'll see if anything else comes back and I'm guessing it's best to not even acknowledge the letter from post #36 as I don't want to play them at their narky little child games, they are obviously more experienced at it han me :-)