County Court Claim From Restons ( Advice Needed Please )

[bluepip77]

I received a CCJ claim yesterday from Restons Solicitors on behalf of debt managers Services LTd.

It's apparantley for a Next directory account back in 2009 or around 2009 as they say.

It's only for £56 but they have now added £50 legal cost and £25 admin fees, so it's now a total of £133

Now I have a few concerns here and would be very grateful if someone could advise me.

Firstly, There is a default on my credit file from next which was recorded about 5 years ago, however I actually thought I payed this original £56 of in three installments some years ago to another debt company. I can't remember who it was so I suppose that's an non issue here and I need to act as though it wasnt. Also I may be wrong.

So I have acknowledged the claim online.

I have sent cca request to claiment and CPR request to solicitors

When do I fill out my defence? Do I wait until they send me the information I requested or do i do it now or next few days.

I have to concerns, one is I thought I had payed it before, but no proof, the other is that I want to be certain that they have the right to chase me up on this debt.

I dont want a ccj on my credit file as my score is slowly improving.

I know it's only a small amount but it's still a lot of money to me.

So, what happens next?

I would really appreciate some advice please.

Thankyou

Billy

[jaguarsuk]

Hi Billy

Welcome and you have done the first few steps correctly.

When do I fill out my defence? Do I wait until they send me the information I requested or do i do it now or next few days.

You have 33 days from the date on the claim form to file a Defence, so use the Check dates to figure out your deadline.

I have to concerns, one is I thought I had payed it before, but no proof, the other is that I want to be certain that they have the right to chase me up on this debt.

Send a Subject Access Request Letter to the bank you were banking with at the time asking for statements of your accounts for the period you think you made the payments.

I dont want a ccj on my credit file as my score is slowly improving.

I know it's only a small amount but it's still a lot of money to me.

So, what happens next?

Next you file a defence, then you will have the opportunity to take part in mediation which if you come to an agreement is legally binding and not a CCJ.

Right up to a hearing you can negotiate to settle, but in any correspondence please make sure you head it "Without Prejudice."

You'll get support right along the way here, so just update this thread when you receive responses.

It would be useful to know what you asked for in the CPR 31.14?

[bluepip77]

Thanks for the reply JaguarUK - really appreciate your help!

So I file my defence in say 16 days from today which is within the time frame allowed.

What do I put in my defence, is it different if they reply back with the documents I requested? Do I even file a defence then?

Also, with regards to mediation, then will I have to pay the full amount of £133 or can I get the costs and legal fees wiped and just pay the original debt? And can mediation arrange for payments over a few months to make it more managable.

Thanks again

[jaguarsuk]

What do I put in my defence, is it different if they reply back with the documents I requested? Do I even file a defence then?

Also, with regards to mediation, then will I have to pay the full amount of £133 or can I get the costs and legal fees wiped and just pay the original debt? And can mediation arrange for payments over a few months to make it more managable.

Thanks again

There is an Example Defence if they don't respond, but yes it will be different if they do.

Mediation is a negotiation, so anything is possible and it's just up to the parties to agree.

[bluepip77]

Thanks again.

[GBExile]

Thanks again.

Dont forget to weigh up the costs of defending this claim.

I always send docs recorded/signed for or special delivery (for obvious reasons) so if you did the same the postage costs alone can easily amount to £40-£50.

[jaguarsuk]

Dont forget to weigh up the costs of defending this claim.

I always send docs recorded/signed for or special delivery (for obvious reasons) so if you did the same the postage costs alone can easily amount to £40-£50.

Although the only requirement of service is by the methods detailed in CPR 6.3: https://www.justice.gov.uk/courts/pr...les/part06#6.3

[MIKE770]

so many arguments from companies when we cannot show signatures of receipt in the past, proof of posting is not proof of receipt, so the extra 75p+ approx Recorded Delivery cheapest signed for is a must and copy kept, otherwise special delivery is expensive alternative

[GBExile]

so many arguments from companies when we cannot show signatures of receipt in the past, proof of posting is not proof of receipt, so the extra 75p+ approx Recorded Delivery cheapest signed for is a must and copy kept, otherwise special delivery is expensive alternative

I have sent documents to the court before by signed for delivery. Due to the time lags in their processing systems they have then issued warnings to me & issued further instructions because of the time lag even though I know & can prove they have received the documents in time. So I have had to resend to make sure I was covered by the further order/instructions & to advise the court I have already submitted within the time frames.

As they have basically told me I did not submit in time they therefor have told the claimant the same.

I have & will continue to send special or signed for post to ensure I can provide proof of receipt by the court & the claimant.

Too much can go wrong with claims of non receipt. Just pointing out that defending a claim has its costs too.

Obviously this is without the costs of fuel & parking & the additional hearing fee & the loss of a days holiday (if you currently work) that must be added should it actually go to court.

I have to say though, it would be interesting to see if they can actually supply the requested documents or not

[bluepip77]

Hi all.

I have an update.

I submitted defence 2 days ago and yesterday I got a letter from Restons ( still nothing back from claimant)

Basically the letter says that they acknowledge request for CPR 31.14

They say the procedure only allows the claimant to submit brief details of the claim

They also say that I would of been provided a copy of terms/ contract at time account was opened and hence they see no reason they see no reason why I need another copy

They then say the particular of claim contains sufficient information for me to understand what claim relates to

and then that I should of received various notice letters and collection letters relating to the account and that they see no sensible basis for me to allege that I don’t understand the basis of claim against me

They end saying that they have placed file on hold while my request for consumer credit act request is complied with

can an someone advise me on this please?

Billy

[MIKE770]

usual letter do not fret , read same threads same old song, they are right but it will be noted in a defence that request under cpr31.14 etc requested and the theyb refuse, they will have to as request later in proceedings will force their hand????

[jaguarsuk]

Hi all.

I have an update.

I submitted defence 2 days ago and yesterday I got a letter from Restons ( still nothing back from claimant)

Basically the letter says that they acknowledge request for CPR 31.14

They say the procedure only allows the claimant to submit brief details of the claim

They also say that I would of been provided a copy of terms/ contract at time account was opened and hence they see no reason they see no reason why I need another copy

Excellent, they need to provide these to succeed in their claim and them not providing them signals they may not have them.

They then say the particular of claim contains sufficient information for me to understand what claim relates to

and then that I should of received various notice letters and collection letters relating to the account and that they see no sensible basis for me to allege that I don’t understand the basis of claim against me

Whether you did or not they are obligated in CPR Part 31 to comply with the letter, so this is just nonsense in the hope of scaring you that you can't win and pay up.

They end saying that they have placed file on hold while my request for consumer credit act request is complied with

can an someone advise me on this please?

Billy

Did you send the SAR to the bank as I suggested in post #2?

[Amethyst]

They may just not respond to your defence and the claim will be placed on hold in the court system until they locate the documents.

[bluepip77]

Excellent, they need to provide these to succeed in their claim and them not providing them signals they may not have them.



Whether you did or not they are obligated in CPR Part 31 to comply with the letter, so this is just nonsense in the hope of scaring you that you can't win and pay up.



Did you send the SAR to the bank as I suggested in post #2?

Hi Jaguar

Thanks again for the reply.

No I didn't send the SAR - Is there a charge for me to do this?

Do i now just wait for them to reply to me again?

[MIKE770]

no charge these days for SAR Subject Access Request Letter