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Reston false claim to having obtained a CCJ

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  • #31
    Re: Reston false claim to having obtained a CCJ

    Originally posted by Pwt50 View Post
    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
    Do you mean you consented to a payment plan continuing on behalf of the 2nd Defendant (your partner)?

    If you own your own home then you want to avoid a Charging Order if this goes wrong and they obtain a CCJ.

    Don't be too soft on solicitors instructed by the other party since they'll not be acting in your best interests.

    Di

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    • #32
      Re: Reston false claim to having obtained a CCJ

      I'm running both sides of the claim so to speak as my partner is not very good at this sort of thing(which is not to infer that I am) I was waiting for the response from Restons before stopping the payment agreement which now received I shall do.

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      • #33
        Re: Reston false claim to having obtained a CCJ

        Hi, to bring this case up to date, I received documentation from Restons for the application for the defence to be struck out as there is no reasonable chance of success, how likely is this to be upheld? I know that's like asking how long is a piece of string, but is this something that happens routinely with Cc claims?
        Thanks

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        • #34
          Re: Reston false claim to having obtained a CCJ

          Originally posted by Pwt50 View Post
          I received documentation from Restons for the application for the defence to be struck out as there is no reasonable chance of success, how likely is this to be upheld
          You've received a copy of their Application for a Summary Judgment. This needs a legal response from you.

          I would expect this claim to have been transferred to your local county court (has it?) where it will be listed for a Hearing unless the Application states no Hearing wanted by the Claimant's solicitors. What does it say?

          Is there only one Application for the SJ, and if so was it sent to you or your partner or to both?

          If their SJ Application is successful you may be ordered to pay their costs even though this is likely to be allocated to the Small Claims Track.

          Without seeing the Particulars of Claim, the Defence you and your wife filed, the documents produced in response to your s 77-79 CCA Request and so on it's not possible to say whether their Application is likely to be successful or not.

          I can't see anything on the thread which says when (what year) the loan was opened. Perhaps I've missed that.

          Di

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          • #35
            Re: Reston false claim to having obtained a CCJ

            Hi, I received the paperwork from Restons on Saturday they have applied for the defence to be struck out and have requested no hearing or if the court decides not to deal with the matter ex parte then they estimated a 40 minute hearing, the loan was from 2009,they have sent me copies of the original agreement and a copy of a sample default notice with all the details redacted and a screenshot of the OC file showing the date the default notice was sent, my defence is not that the original loan existed, it is that they haven't provided any documents to show that the debt was legally assigned to the claimant, claiming they are not obliged to do so, however I have dealt with other DCAs and gave had the assignment supplied and then settled the matter before going to court

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            • #36
              Re: Reston false claim to having obtained a CCJ

              Hi, I received the paperwork from Restons on Saturday they have applied for the defence to be struck out and have requested no hearing or if the court decides not to deal with the matter ex parte then they estimated a 40 minute hearing, the loan was from 2009,they have sent me copies of the original agreement and a copy of a sample default notice with all the details redacted and a screenshot of the OC file showing the date the default notice was sent, my defence is not that the original loan existed, it is that they haven't provided any documents to show that the debt was legally assigned to the claimant, claiming they are not obliged to do so, however I have dealt with other DCAs and gave had the assignment supplied and then settled the matter before going to court, you advised that a legal response was required what form would this take and to whom, should I wait to hear from the court
              Thanks

              Comment


              • #37
                Request to amend my defence

                Hi, could anyone please advise on the procedure to apply to amend my defence in light of the claimant applying to have my defence struck out, amendment is required as they have raised points in their application which are not addressed or denied in my original defence.
                Thanks

                Comment


                • #38
                  Re: Reston false claim to having obtained a CCJ

                  [MENTION=87380]Diana M[/MENTION]; on the assignment issues and previous response followup.

                  In response to the application to summary judgment you can submit a Witness Statement to the court and, if you feel you have a case still, you can submit an application to amend your particulars of claim - if needed - in your original defence you have raised the issue of assignment haven't you ? That could then be heard at the same hearing as for the summary judgment.

                  Also Di, would the matter of Restons originally fibbing about having a default judgment not impact on their likelhood of being to claim costs in the case? ( although wasn't that on the other joint account holder's case? - what's currently the situation with that one? )
                  “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

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                  • #39
                    Re: Reston false claim to having obtained a CCJ

                    Hi, Restons seem to be mixing and matching between pursuing both of us individually with documents and then sending other documents including the application to strike out as with both names on one application, as with the default notice, one notice addressed to the both of us.

                    Comment

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