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Restons ask me to withdraw defence

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  • #31
    Apologies for writing under a new name but I forgot my log in details.
    I heard back from Restons today with a big pack of documents and a cover letter stating that they now believe they have supplied me with all relevant documentation (after I wrote and said I would not withdraw my defence because they had not done so). However, they still haven't realized all this historic correspondence regarding the account was sent to the wrong numbered house.
    They've once again asked me to withdraw me defence or they'll make an application to have the saty lifted and to enter a judgement against me.
    Any ideas on how to proceed? Particularly as the account docs they sent show no user activity since November 2012 and so I think this might be statute barred now?

    Thanks in advance

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    • #32
      Have they sent the right documents this time ?

      Agreement & terms
      notice of assignment
      default notice

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      • #33
        Thanks for the reply.

        Yes, they seem to. Both previous addresses I have lived at though are incorrect.
        Is it relevant that they have only provided these after the 6 year period has passed?
        The cover letter is in a more friendly tone than any others which in itself is striking

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        • #34
          Are the addresses on the agreements correct ? ( Have they sent anything else agreement wise or still just this https://legalbeagles.info/forums/fil...tch?id=1426346 and https://legalbeagles.info/forums/fil...tch?id=1426347 ? )
          “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

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          • #35
            Just the same documents again but with a stack of correspondence (requests for payment) sent to the wrong address

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            • #36
              Should I tell them, at this point, that all documentation had been sent to incorrect addresses and they have only provided key information i.e. the default notice after more than six years since there has been any user activity on the account?

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              • #37
                Might be a daft question but did you ever actually have a Vanquis card and use it to shop at co-op ( and all saints etc but mainly co op it seems )

                It was 10 years ago it was opened and you were a student at the time ( struggling by your own account )
                How wrong is the address ? ( minor typo or whole different planet ?)

                I think I would tell them that you've never seen any of those documents before and point out that the address is incorrect and it appears from the documents they have sent the debt is statute barred.

                There's no address on the agreement either is there ?
                “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

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                • #38
                  Thanks for your reply. Until all this started i'd never even heard of Vanquis or Cabot but they say I must have because both have contacted, the same reason why until I made a subject access data request they would not provide a copy of the default notice. On one batch of documents the flat number is wrong on the other batch the house number is wrong (44 and not 4).

                  Comment


                  • #39
                    Restons have replied, although they do not even acknowledge that they have the wrong addresses listed on copies of correspondence for their client. They also say that it doesn't matter that they haven't provided key documents i.e. a default notice within a six year timeframe as they commenced court proceedings within that time. I'm unclear, can they issue court proceedings before handing over even basic documents? Isn't the debt statute barred when they fail to do so within 6 years?

                    Thanks in advance for your replies, i'm grateful for any help I can get with this as I have no idea of my legal position.

                    Comment

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