Claim form from Restons Solicitors, Debt Managers services ltd, next directory

[RobCom]

Claim form from Restons Solicitors, Debt Managers services limted was originally a next directory account

I have burried my head in the sand with this to be perfectly honest and now have no idea how much I originally owed.

I obviously must owe the debt but has mounted up to £4125.46 with charges, court fee, interest etc and have no idea how I can pay it.

The date I have to reply is 11th and says If i agree to all debt i must contact Restons to ask for time to pay,.

I do not know that all is due but feel it now must be and I have no alternate but to pay.

Do I ask for more time to pay, I have not looked at this and ignore as I have been working right through the pandemic as healthcare on a covid-19 ward in hospital - not a good enough reason I know to ignore this but I am now stuck and would love some advice.

If I ask for the extension by the court does that mean I can not resolve with Restons and if I admit to owing does that mean I can not ask for statements to confirm.

I have submitted an acknowledgment of service after someone on the main forum kindly advised me to do this stating I wish to defend all of the claim.

Thank you in advnace for any advice.

[echat11]

Follow the instructions below (Acknowledging the Claim online will give you more time, a further 14 days) -

https://legalbeagles.info/library/gu...y-court-claim/

Don't forget to fill this in, then the guys can provide better advice.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[RobCom]

Thank you very much ECHAT11

Follow the instructions below (Acknowledging the Claim online will give you more time, a further 14 days) -

https://legalbeagles.info/library/gu...y-court-claim/

Don't forget to fill this in, then the guys can provide better advice.

Received a claim? Yes
Issue Date: 23 JUL 2021
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £4100.00
Claimant’s Name: DEBT MANAGERS (SERVICES) LTD
Solicitors Firm: RESTONS SOLICITORS LIMITED
Original Creditor: NEXT DIRECTORY
Original Debt (eg. Credit card/Loan/Overdraft) : 3800 (not sure if owed or what was interest and charges)

Particulars of Claim:

The Claimant claims payment of the overdue balance due from the Defendant(s) undar a contract between the Defendant(s) and Next Online dated on or about Nov 07 2012 and assigned to the Claimant on Jul 18 2019
Notice of the assignment has been given to the Defendant.

PARTICULARS a/c no - TY........

DATE 09/09/2020 Default Balance 3800.00
Post Refrl Cr NIL

TOTAL 3800.00


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I am not sure when this was last dealt with to be honest.

List any letters you have sent (eg: CCA/ CPR ): None

Any Other Information or Background Details:

[echat11]

Don't delay -

Send the following to Debt Mangers Services Limited, send it Recorded Delivery -

https://legalbeagles.info/library/gu...etter-example/

Send the following to Restons Solicitors Limited, send it Recorded Delivery -

https://legalbeagles.info/library/gu...-of-documents/

Send the following to Next Directory, (Registered Office) send it Recorded Delivery -

https://legalbeagles.info/library/gu...ccess-request/

[RobCom]

Don't delay -

Send the following to Debt Mangers Services Limited, send it Recorded Delivery -

https://legalbeagles.info/library/gu...etter-example/

Send the following to Restons Solicitors Limited, send it Recorded Delivery -

https://legalbeagles.info/library/gu...-of-documents/

Send the following to Next Directory, (Registered Office) send it Recorded Delivery -

https://legalbeagles.info/library/gu...ccess-request/

Thank you so much, I will get these sent off recorded delivery today.

[Celestine]

Do you remember what year you might have opened the Next account? It just helps guess how likely they are to comply with your CCA.
Try and take a deep breath and dig out any old paperwork which might indicate how long since the account was defaulted or paid towards.

Lastly, a big hug to you for all your hard work and bravery working on a Covid ward over the last year, thank you. X

[RobCom]

Hello all, After months of hearing nothing I have today received a letter from the solicitor with the following, I have received some statements from the in December but to date have not received a credit agreement or notice of assignment.

I really do not know what to do now thank you so much for any advice that can be given... body of letter below>

Dear Madam
Re: Debt Managers (Services) Ltd v. Yourself
Account Number: ** -Current Balance: £4***.**
Original Creditor and Product Type: Next Online -Retail Account

We write in reference to the above matter.

Our client has issued a claim in the sum of £3***.**. Further costs have been incurred in the sum of
£285.00. As at the date of this letter, the sum outstanding is £4***.**. Costs continue to accrue.

Your Defence raises various issues such as having no knowledge of the Claimant, and that you requested documentation confirming your liability towards the account that was never provided.

Part 16 of the Civil Procedure Rules 1998 provides that a Defence must respond to the Particulars of
Claim and that if a Defendant alleges any issues, these must be properly particularised, which you have
failed to do.
Furthermore, Part 24 of the Civil Procedure Rules 1998 gives the Court jurisdiction to award Summary Judgment in favour of a Claimant where a
Defendant has no real prospect of succeeding in a Defence and where there is no other good reason as to why the matter should proceed to Trial.

As a result of your failure to comply with Part 16 of the Civil Procedure Rules and/or to file a Defence
disclosing any prospect of success, we anticipate receiving instruction from our Client to apply to strike out your Defence and/or apply for Summary Judgment.

Should you wish to avoid this and wish to withdraw your Defence, please complete and return the
enclosed Form N9A (or if remains your intention to defend the claim, provide us with a draft copy of a
particularised Defence, together with evidence), to this office by a date no later than l 8 February 2022. Failing which we will take our client's instructions as to the making of an application to strike out your

Defence and/or seek Summary Judgment, at which time further costs will be incurred and claimed in
addition.

We await your response.
Yours faithfully,

[echat11]

You should have come back to the site / thread for advice on your Defence. What did you send them for your Defence?

Celestine

'Provide us with a draft copy of a particularised Defence, together with evidence), to this office by a date no later than l 8 February 2022.'

Below is an example Defence, amend it to suit you circumstances, if you aren't sure ASK. Once you've done it, copy / paste so that we can take a look. Then it can be sent to the creditors solicitors, but a copy also needs to be sent to the Court.

https://legalbeagles.info/library/gu...-court-claims/

[RobCom]

You should have come back to the site / thread for advice on your Defence. What did you send them for your Defence?

Celestine

'Provide us with a draft copy of a particularised Defence, together with evidence), to this office by a date no later than l 8 February 2022.'

Below is an example Defence, amend it to suit you circumstances, if you aren't sure ASK. Once you've done it, copy / paste so that we can take a look. Then it can be sent to the creditors solicitors, but a copy also needs to be sent to the Court.

https://legalbeagles.info/library/gu...-court-claims/

Hi thank you for the reply, I feel like a fool I should have got advice before sending my notes to them... this is what I submitted as a defence which has me embarassed now.

I have requested information from the Claimant, Their Solicitors
and Next to determine what debt is owed. I have been suffering
from mental health in recent times made worse by my work within
the covid ward during the pandemic and admittedly I have little to
no recollection of this debt.

I have requested all information to seek advise on the debt owed a
the first i was made aware of this was when the Court claim form
as received.

i have not heard of or been contacted by DEBT MANAGERS (SERVICES)
LTD.

Without the information i can not defend however the claimant has
not sent it thus far been ignored.

I really do not know what to do... any help would be great thank you all so much.

[RobCom]

Not sure if I have posted this in correct place for the reply... thank you

Hi thank you for the reply, I feel like a fool I should have got advice before sending my notes to them... this is what I submitted as a defence which has me embarassed now.

I have requested information from the Claimant, Their Solicitors
and Next to determine what debt is owed. I have been suffering
from mental health in recent times made worse by my work within
the covid ward during the pandemic and admittedly I have little to
no recollection of this debt.

I have requested all information to seek advise on the debt owed a
the first i was made aware of this was when the Court claim form
as received.

i have not heard of or been contacted by DEBT MANAGERS (SERVICES)
LTD.

Without the information i can not defend however the claimant has
not sent it thus far been ignored.

I really do not know what to do... any help would be great thank you all so much.

[MIKE770]

CPR 31.10 contains provisions for the disclosure of documents by way of a list. Disclosure obligations continue until proceedings come to an end. If further documents come to light after a list of documents has been served, a supplementary list must be served (CPR PD 31A, para 3.3).

For information on disclosure generally, see Practice Notes: Disclosure—introduction and Disclosure—standard disclosure and the reasonable search.

When providing directions, the court will set a date by which the list of documents must be served upon the other party.

Under CPR 31.21, a party may not rely on a document which they fail to disclose, unless the court gives permission. This provision, along with others in relation to evidence (such as CPR 32.10 on witness statements, and CPR 35.13 on experts’ reports), are phrased in such a way that, in the event of default, permission of the court is required to be able to adduce or rely on the relevant evidence.

[RobCom]

You should have come back to the site / thread for advice on your Defence. What did you send them for your Defence?

Celestine

'Provide us with a draft copy of a particularised Defence, together with evidence), to this office by a date no later than l 8 February 2022.'

Below is an example Defence, amend it to suit you circumstances, if you aren't sure ASK. Once you've done it, copy / paste so that we can take a look. Then it can be sent to the creditors solicitors, but a copy also needs to be sent to the Court.

https://legalbeagles.info/library/gu...-court-claims/

Sorry I have read you reply again and seen what i should do by writing a defence and sending, I am so terrified as can not afford legal representation your help is great thank you!

[echat11]

Sorry I have read you reply again and seen what i should do by writing a defence and sending, I am so terrified as can not afford legal representation your help is great thank you!

Before you send it off, copy and paste it here WITHOUT YOUR PERSONAL DETAILS (DO CALM DOWN)

[Celestine]

Have you done the new defence? Please post a draft here ASAP.
is that date 18th February?

[RobCom]

Have you done the new defence? Please post a draft here ASAP.
is that date 18th February?

Hi it is yes sorry I have been on nightshifts they have only given me a couple of days I am going to do it now and will post thanks very much