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Reston false claim to having obtained a CCJ

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  • Pwt50
    started a topic Reston false claim to having obtained a CCJ

    Reston false claim to having obtained a CCJ

    Hi, long story short, I have been defending a court claim by cabot/Reston against myself and my partner for an alleged. Loan agreement, I sent off all the relevant requests for paperwork etc however I made the mistake of only replying to the claim in my name and not the one in my partner's name also, believing that as there was only one claim number only one defendant need reply, some months later having received no replies to my request under Cpr, my partner received a letter from Restons stating that as she had not replied to the claim they had applied for a default judgment, some weeks later they further wrote that they had received the judgment from the court and that the full amount was now payable upon receiving this information my partner entered into a payment arrangement with Restons, having not received confirmation of the judgment some weeks later we contacted the court and Registry trust only to find that no such judgement exists we then filed a defence and wrote to Restons requesting clarification of why they claimed that they had a judgment that they clearly did not have they. Did not explain why but insisted that the defence was withdrawn questioning why someone would enter into a payment arrangement if they did not owe the money yesterday we received a redacted default notice and screenshot of the alleged account from the files of the OC further requests to withdraw the defence or face having it struck out. Any advice on how to proceed from here would be greatly appreciated
    Last edited by Pwt50; 14th September 2017, 11:54:AM. Reason: Spelling mistakes
    Tags: None

  • Pwt50
    replied
    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.

    Leave a comment:


  • Amethyst
    replied
    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? )

    Leave a comment:


  • Pwt50
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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

    Leave a comment:


  • Diana M
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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.

    Leave a comment:


  • Diana M
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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
    Last edited by Pwt50; 16th September 2017, 19:31:PM. Reason: Missing information

    Leave a comment:


  • Diana M
    replied
    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

    Leave a comment:


  • warwick65
    replied
    Re: Reston false claim to having obtained a CCJ

    Originally posted by Pwt50 View Post
    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]

    Leave a comment:


  • warwick65
    replied
    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

    Leave a comment:


  • Pwt50
    replied
    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)

    Leave a comment:

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