Reston false claim to having obtained a CCJ

[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

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

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

[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.

[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

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

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

[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

[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

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

some weeks later they wrote to say they had now received the judgment from the court and invited her to make an offer of repayment

Have you kept those letters which said there was a judgment ?

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.

[Pwt50]

Re: Reston false claim to having obtained a CCJ

Her defence was filed on the 16th may 2017,which was the same day as the registry trust search showed no judgement entered

[Diana M]

Re: Reston false claim to having obtained a CCJ

You will only be able to access your account not your partner's account on MCOL (unless she has given you her password).

So your Defence was filed in February but when was her Defence filed?

Di

[Pwt50]

Re: Reston false claim to having obtained a CCJ

Just checked on MCOL for the claim in my name and the last activity showing was to my defence filed in February, it doesn't state that there is a stay on proceedings, the letter received this week from Restons was 1 letter addressed to the both of us not individual letters in separate envelopes, with a 14 day deadline to respond/withdraw the defence and included an admission forms to complete and return

[Diana M]

Re: Reston false claim to having obtained a CCJ

Thanks Di, in their most recent letter addressed to the both of us they included some documents which they claim supports their right to pursue the debt, and invited us to withdraw our defence or they would lift the stay on proceedings and apply to have the defence struck out, so it's possible that at the moment the claim is stayed

Did Restons send that letter addressed to both of you or did they send a separate letter to each of you?

As explained you may be partners in real life but you're separate people in these proceedings.

What you/your partner have received is a standard letter from Restons.

They may claim they have produced documents to prove their claim but that doesn't mean they have produced compliant documents and/or all the documents they need.

Check with the court that the claim is stayed so you'll have breathing to analyse your situation and decide what you should do next (if anything).

Was there a deadline to respond to Restons letter(s)?

Di