Reston false claim to having obtained a CCJ

[Diana M]

Re: Reston false claim to having obtained a CCJ

Seeing the letters might help clarify if there was a misunderstanding, or blatant untruths from Restons, and thus whether you could look at any action/complaint.

My feeling is any action or complaint to Restons solicitors could trigger an Application to lift the stay and simultaneously an Application for a Summary Judgment especially now that they have produced documents since that is what they have threatened in their latest letter.

There's a time and a place for being confrontational especially as a LIP.

Di

[Amethyst]

Re: Reston false claim to having obtained a CCJ

However as we are pre witness statements, if it does go that far, it would be useful to know IF there were misrepresentations made, particularly as Restons have already said 'why would you pay if you didn't admit you owe the debt' ... just by way of a counter to anything they may raise. Also for any complaint practicable after this case is concluded.

[Diana M]

Re: Reston false claim to having obtained a CCJ

However as we are pre witness statements, if it does go that far, it would be useful to know IF there were misrepresentations made, particularly as Restons have already said 'why would you pay if you didn't admit you owe the debt' ... just by way of a counter to anything they may raise.

Which is why I told the OP that the issue could wait until the Witness Statement stage.

You can deal with Restons' conduct issue later in the proceedings if necessary - perhaps in her Witness Statement.

Di

[Pwt50]

Re: Reston false claim to having obtained a CCJ

Hi, having checked the documents received from Restons this week they consist of 3 page badly photocopied credit agreement, a template of a default notice that they claim would have been sent to me a screenshot of the OC case management file showing that the DN was issued, however this shows no identifing information, and a printout of the OC payment history.
I have all correspondence they have sent in relation to the claim.
Thanks

[MIKE770]

Re: Reston false claim to having obtained a CCJ

a default recorded by owner is all that is needed to say default issued on such a date.

CCA must be legiible and clear.

[Pwt50]

Re: Reston false claim to having obtained a CCJ

So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?

[MIKE770]

Re: Reston false claim to having obtained a CCJ

So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?

no only state on records as one has been despatched- it seems.

[Diana M]

Re: Reston false claim to having obtained a CCJ

So they are not obliged to provide a copy of the actual notice showing my name, address account details etc?

They need to produce a copy of the DN or a reconstituted copy of the DN otherwise how can a DJ decide whether they have complied with their statutory obligations (s.87 (1)) if challenged by the Defendant as a legal argument?

In your case since this is/was a joint account they would have to produce the DN for each of you.

Di

[Pwt50]

Re: Reston false claim to having obtained a CCJ

Thanks Di, as I mentioned all they have provided is someone else's DN with the details redacted and a screenshot of the OC case management file

[Diana M]

Re: Reston false claim to having obtained a CCJ

Thanks Di, as I mentioned all they have provided is someone else's DN with the details redacted

Oh good. Don't tell them they've got that wrong

Although how do you know it's someone else's DN if the details are redacted?

Di

[Pwt50]

Re: Reston false claim to having obtained a CCJ

They stated in the covering letter that they had sent a template default notice I can only presume that the reason the personal details are obscured is because they are not mine (I did take a photo of the DN, but I couldn't figure out how to attach it)

[warwick65]

Re: Reston false claim to having obtained a CCJ

It might have been a suggestion. I made at the end of post #2.

It was a question as to why it was redacted, of course maybe if it was joint applicants it was one DN and they will quote DPA.

Sorry if I confused anything

[warwick65]

Re: Reston false claim to having obtained a CCJ

They stated in the covering letter that they had sent a template default notice I can only presume that the reason the personal details are obscured is because they are not mine (I did take a photo of the DN, but I couldn't figure out how to attach it)

If you email it to kati@legalbeagles.info with a link to the thread I am sure she will check it and post it up. [MENTION=49370]Kati[/MENTION]

[Diana M]

Re: Reston false claim to having obtained a CCJ

I think you're focussing on the wrong issues.

The matter in hand is that your partner (2nd Defendant) is currently paying Restons solicitors and you need advice on whether that is a good thing or a bad thing and whether it will effect her chances of successfully defending her claim.

Whether a reconstituted DN is compliant or not is an issue which will become relevant later in the proceedings. I only raised the issue because you had been told by another poster that the Claimant didn't have to produce a DN to successfully prove their claim and I disagreed.

Right now I see it as a red herring.

How much is the claim and do you own your own home?

Di

[Pwt50]

Re: Reston false claim to having obtained a CCJ

The claim with costs is about 5k,the only reason the payment plan is in place is because Restons claimed they had a default judgment, once we realised that they had misled us I wrote asking for an explanation as to why they had accepted a payment arrangement when they knew, or should have known that they did not have the judgement of the court which they claimed, I allowed consented to the arrangement continuing to remain in honour whilst the matter was looked into, however they have failed to address the matter.
We own our home, with a mortgage