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Restons ask me to withdraw defence

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  • Restons ask me to withdraw defence

    hello everybody and thank you in advance for any help that you can give.
    After Restons issued a claim for a disputed credit card debt I filed a defence. I have posted their reply below in the hope that someone can give me some advice on how to proceed, it is littered with quote3s about legislation and practice directions which make no sense to me. Thanks again, in advance


    We note you have recently filed a defence to the court proceedings issued against you/

    Firstly, the claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. The procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of Practice Direction 7E specifically states “The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction”

    It is the claimant’s position that the particulars of the claim contain sufficient information for you to understand what the claim relates to, namely; the account number, when the account was opened, the original creditor, the current creditor and the outstanding balance. In any event, you have been provided with sufficient information as to the account which is subject to these proceedings throughout correspondence exchanged with this firm.

    You allege that our client has failed to comply with Section 77(1)/Section 78 of the Consumer Credit Act 1974 and therefore the account is unenforceable. We respectfully point out that Section 77(1) applies to fixed sum credit agreements, which this is not. As for Section 78(1) you have failed to clarify exactly how our client has failed to comply with your request. Please find enclosed a copy of our client’s compliance with your request and as such, the account is not unenforceable.

    You will note that you were provided with a reconstituted copy of your credit agreement along with the terms and conditions embodied within the agreement, varied terms and conditions and a statement of account.

    We therefore fail to see why you require a further copy of the agreement as per your CPR 31.14 request. Additionally, it is our understanding that a default notice was served prior to the account being assigned to the claimant. In any event, the claimant has a contractual right to terminate the credit agreement by serving a termination notice. Therefore, any argument about non-service of a valid default notice will not assist you in defending these proceedings.

    You also allege that you did not receive a notice of assignment from the claimant. We enclose numerous items of correspondence issued to you by the claimant. These items of correspondence all contain relevant information required to be contained within a notice of assignment pursuant to section 136 of the Law of Property Act 1925. It is clear that you were made aware of who our client was well before this firm became instructed.

    We find it somewhat surprising as to how you can deny receipt of documents e.g. notice of assignment when you deny the account is even yours. Additionally, you do not appear to have reported this account to the relevant authorities and we should query why, when you so heavily defend the claim against you.

    In view of the information set out in this letter, we do not believe your defence has any real prospect of success and we will therefore recommend to our client that an application be made to strike out the defence and to enter a judgement against you for the full amount claimed, together with legal fees and cost. Should you wish to avoid these further costs being incurred then we invite you to withdraw your defence by completing the enclosed for within 14 days.
    Tags: None

  • #2
    I forgot to say, the correspondence they refer to and enclose copies of do not have the correct address, which is why I never received them

    Comment


    • #3
      Just having a read back of your previous thread http://legalbeagles.info/forums/foru...g-court-action
      is that the same one ? Vanquis / Cabot ?
      “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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      Comment


      • #4
        Okay that previous thread ends before you received a claim but you'd sent a CCA request and requested other evidence in between times.

        Could you post the particulars from the claim form and your defence that was filed please

        Also update anything that happened between May 17 and now pls.

        “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Thanks for your reply.
          from last year to this all I have received is a print out of page that is illegible because it is so small, a generic word processor list of purchases, and a generic undated and unsigned credit agreement. I have asked for more information and evidence from Cabot, who have instructed Restons, but they no longer reply to correspondence.
          Particulars of the claim "The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Vanquis dated on or about Jun 03 2008 and assigned to the claimant on Feb 25 2014"

          Comment


          • #6
            this is the defence I submitted (deliberately minus any identifying material)
            1. I received the claim ….. from Northampton County Court on…
            2. Each and every allegation in the Claimants statement of case ….is denied unless specifically admitted in this Defence.
            3. This claim is for £xxxx a Credit Card agreement regulated under the Consumer Credit Act 1974.
            4. It is denied that the Defendant has ever entered into an agreement with Vanquis for provision of credit.
            5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim and has stopped replying to correspondence.
            6. The Claimants statement of case states that the account was assigned from Vanquis to Cabot but the Defendant has never received notice of this assignment.
            7. It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. Despite asking for a copy of the default notice, repeatedly, one has never been provided.
            8. On the x/x/17 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons. I requested the Claimant provide copies of a dated and signed Agreement, Default Notice and Notice of Assignment
            9. Restons has not sent any of these documents to me.
            10. On the x/x/17 I sent a formal request for a copy of the original agreement to Cabot pursuant to section 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.
            11. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
            12. I have asked the Claimant for specific documents ascribing this debt to me and they have declined to reply.
            13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
            14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
            15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
            16. It is denied that the Claimant is entitled to the relief as claimed or at all.

            Comment


            • #7
              Ok it explains the letter - as youd had communications with them before the claim was issued and they'd provided (some) information the defence really should have been more focussed on the issues with the documents provided.

              When did you change address - was this during the last year or so ?

              Can you do a pic of the docs they did send you ( pre and post claim )
              “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                No account number in the particulars ?

                Originally posted by restons letter
                the account number, when the account was opened, the original creditor, the current creditor and the outstanding balance.

                Additionally, it is our understanding that a default notice was served prior to the account being assigned to the claimant. In any event, the claimant has a contractual right to terminate the credit agreement by serving a termination notice. Therefore, any argument about non-service of a valid default notice will not assist you in defending these proceedings.
                In which case, we'll have the termination notice please...




                “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  I've attached some pictures, one of the generic credit agreement, one example of statement of account, one of the document that is too small to read (so I have no idea what it is) and one example of the letters that Cabot sent which I did not receive because they've been sending them to the wrong number house).
                  I've been at the same address for four and a half years
                  I've looked at the particulars and there is an account number, I must have missed it
                  Attached Files

                  Comment


                  • #10
                    Originally posted by mark88p88 View Post
                    I've attached some pictures, one of the generic credit agreement, one example of statement of account, one of the document that is too small to read (so I have no idea what it is) and one example of the letters that Cabot sent which I did not receive because they've been sending them to the wrong number house).
                    I've been at the same address for four and a half years
                    I've looked at the particulars and there is an account number, I must have missed it

                    Try PDF clearer to read actual wording

                    Comment


                    • #11
                      unfortunately, I can't convert the pictures to a pdf format

                      Comment


                      • #12
                        Convert JPG to PDF for free - JPG to PDF online converter


                        https://www.convert-jpg-to-pdf.net/
                        The JPG to PDF converter you are looking for: easy to use, fast, reliable and free. ... your JPG, select the conversion options and download the generated PDF. Free JPG to PDF Converter for Windows

                        Comment


                        • #13
                          wow, thank you! I've attached the pdf version
                          Attached Files

                          Comment


                          • #14
                            Hi all, after looking at their letter, my defence and the docs, does anyone have any advide on how I should proceed?
                            Thanks in advance!

                            Comment


                            • #15
                              Amethyst

                              Comment

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