Restons Solicitors/DMS/Next v Me

[pt2537]

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 ?

tricky, there are always risks if you make an app to the Court, but theres risks if you stay silent too, if you do nothing then the Court could say well why didnt you apply thats what you should have done.

So its tricky. If its small claims id lean away from doing an app, id write to the Court and ask for the letter to be put before a judge, you must ensure the other side are given a copy of the letter as the Courts do not like a party writing behind the others back

[DMSVMoi]

tricky, there are always risks if you make an app to the Court, but theres risks if you stay silent too, if you do nothing then the Court could say well why didnt you apply thats what you should have done.

So its tricky. If its small claims id lean away from doing an app, id write to the Court and ask for the letter to be put before a judge, you must ensure the other side are given a copy of the letter as the Courts do not like a party writing behind the others back

I'm kind of stuffed either way, I'm in no position to pay £255 if they write back and ask me to apply but can get screwed over if I ignore ?? This is all so very one sided isn't it, seems I have to do everything requested in a timescale whilst trying to get to the bottom of it and they can dither to their hearts content. I will write a letter to the court (and copy in Restons) would this be along the lines of the last correspondence with Restons they responded to in the narky tone ?
Thanks again

[Amethyst]

Did you get any further with your SAR to Next btw?

[DMSVMoi]

Did you get any further with your SAR to Next btw?

I've had a request this morning asking for more information, to be honest I've been out all day so waiting to get home before reading/reacting to it.

[Amethyst]

No probs. They seem to require more information from you to get a SAR response than they ask for you to open a credit agreement Just think once you get that info you'll have a better idea where this has come from, what the actual agreement was, and how it almost doubled the amount you thought it should be.

[DMSVMoi]

Hi
SO today I received a letter, waiting for a new scanner at the mo so I can't post it but the gist is:
They have written following previous correspondence
Enclosed:
Reconstituted copy of the Credit Agreement
Transaction Log
Copy of a Default Notice served 24th October 2014
Notice of Agreement served on 9th August 2016

They state they believe this is sufficient evidence of use of the account and are giving one more opportunity to withdraw defence and complete N9A or resaonable settlement proposals.
To be honest it all looks reconstituted letters look like they have had a scanned copy of a signature added, seriously I could make up my own letter saying they aren't chasing any money and add any old signature but they obviously mean business (I believe)

I'll copy letters tomorrow once new printer/scanner arrives but not sure on next steps, if it goes anywhere I will be CCJ'd as I don't have the funds to pay even a small amount and am currently not working due to ill health.

Cheers

[Amethyst]

Is the agreement the same as this (attached )?

Assignment - They originally said 9 July 2016
last payment 24 Oct 2014
account opened 17 dec 2012

?

Do the statements show how the amount got so high from the £1200 you thought it was ?

[DMSVMoi]

Is the agreement the same as this (attached )?

Assignment - They originally said 9 July 2016
last payment 24 Oct 2014
account opened 17 dec 2012

?

Do the statements show how the amount got so high from the £1200 you thought it was ?

Morning, exactly the same agreement so I've not attached this.
I've attached the main part of the letter, this is followed by the default notices supposedly served. I have received around 4 pages itemised with various purchases and charges (I am currently scouring through this) and the obligatory N9A

[Amethyst]

Okay - what transactions are there between October 14 and August 16 ?

They have your last payment date as 24th October 2014 in previous letters - so was there a payment on that date ? It's the same date that the Default Notice was sent - Default shouldn't have been until at least 13th November 2014 ( according to the letter ).

Also can you see what the interest rates were in 2012? I think 25.99% APR is right judging by a couple earlier ones, but it's also the current rate, but things haven't changed a lot interest rate wise since 2008 anyway.

Found someone elses agreement from 2012 and looks to be the same so it likely is the correct one.

Other than that it's your assessment of the amount owed xxx

[DMSVMoi]

Okay - what transactions are there between October 14 and August 16 ?

They have your last payment date as 24th October 2014 in previous letters - so was there a payment on that date ? It's the same date that the Default Notice was sent - Default shouldn't have been until at least 13th November 2014 ( according to the letter ).

Also can you see what the interest rates were in 2012? I think 25.99% APR is right judging by a couple earlier ones, but it's also the current rate, but things haven't changed a lot interest rate wise since 2008 anyway.

Found someone elses agreement from 2012 and looks to be the same so it likely is the correct one.

Other than that it's your assessment of the amount owed xxx

Hi Amethyst,
Many Thanks again, there was a payment of £180 on 24th October according to the paperwork, my bank statement does show a payment of this amount to Next on 27th October. On the reconstituted agreement it shows an APR of 25.99%, when you say it's my assessment I'm unsure what you mean (sorry)
The pages show numerous items but even starting to see whether they were actually purchased would be a nightmare in itself after this length of time and I moved property during the period of the account opening and default. I have never put myself in a position where I would spend over £2k on any catalogue either but how do you prove such a thing. I'm still not certain I've got the best case and it seems Restons can play very much a waiting game and leave me in limbo plus saddled with a CCJ.

[DMSVMoi]

Hi
WIth reference to Amethyst reply and my comments in post 43 is there anything else I can do or is it looking inevitable that this will be a court case hearing ?

[Amethyst]

Okay. What I meant by your assessment of the statements - do they look like things you would have purchased ? Are the statements actually statements - so they show purchases, payments, interest, charges being applied to the account ? does it all add up ?

Can you see how much the actual purchases made came to ? vs how much you have paid on the account ?

Also can you see what the arrears actually were at the time they sent the default notice. You paid £180, but the DN was for £780 odd, so presumably there was a few no payment / under payment months before October 2014 ? The DN should only be for arrears due at the point it was issued - which would be the minimum payments owed less what was paid.

The case is stayed atm so they will need to apply to lift the stay and proceed. Now is a decent time to negotiate settlement if needed. But still you did not sign that credit agreement so I'm thinking offer wise on the amount of the actual 'spends' without interest and charges which, without any agreement, you didn't agree to pay.

[DMSVMoi]

Okay. What I meant by your assessment of the statements - do they look like things you would have purchased ? Are the statements actually statements - so they show purchases, payments, interest, charges being applied to the account ? does it all add up ?

Can you see how much the actual purchases made came to ? vs how much you have paid on the account ?

Also can you see what the arrears actually were at the time they sent the default notice. You paid £180, but the DN was for £780 odd, so presumably there was a few no payment / under payment months before October 2014 ? The DN should only be for arrears due at the point it was issued - which would be the minimum payments owed less what was paid.

The case is stayed atm so they will need to apply to lift the stay and proceed. Now is a decent time to negotiate settlement if needed. But still you did not sign that credit agreement so I'm thinking offer wise on the amount of the actual 'spends' without interest and charges which, without any agreement, you didn't agree to pay.

Morning and sorry for the quiet front, due to illness I have been unable to be up and about and financial issues caused loss of internet etc..
This morning I have received the attached. In all honesty I've not even answered the last letter from Restons although I'm aware that I probably need to do something quickly. Any help as usual is happily accepted and gratefully received.

With regard to the questions asked some items look like purchases I would have made, some don't make much sense, but they don't appear to be proper statements so it's all a bit topsy turvey. I'm just so far out of my league on this Ijust can't make head nor sense of it all to be honest.