Very stressed over court claim Restons

[castlerain]

hi, I'm so pleased I found this website and i hope you can help me. As the title says I am very stressed over this claim from Restons solicitors. It is for a debt from around Nov 2012 on a credit card stating I owe just over 4500 pounds. I am not saying that I did not have the credit card or have the debt, but I was thinking it might be statue barred, although I may have made a payment in a payment plan to the original credit card company in late 2019, I know for a fact that it was not later, which means it might not be statue barred. They say it was assigned to the claimant in march 2021 and a notice of which was sent. On this i have no recollection it was. I find this very triggering as around that time, i had to flee domestic violence and was in and out of court with my ex, as he was charged with serious offences towards me. It has taken a while for me to recover from the trauma and anything like this is triggering and sets me back into a rabbit hole, so I am reaching out so I can see it for what it is rather than it becoming a monster in my head, if that makes sense. I am thinking of defending it but i am worried if I dont win my name and address will be put on public ccj record which I cant afford to due as I cannot have my ex partner finding me as my life would be in danger. Part of me just wants to get in contact with Restons and ask for a full and final offer for it to go away, but I would not be able to pay this until June, and that would be too late, or pay the whole amount around same time which would be very difficult, but anything to make it go away. Anyway, I hope you can help. I havent done anything yet, I feel frozen with fear because it's so triggering for me which might seem stupid. Thank you anyway.

Received a claim? Yes
Issue Date:02/04/2025
Have you Acknowledged the Claim : no
Total Amount Claimed : 4550.89
Claimant’s Name: intrum uk
Solicitors Firm: restons
Original Creditor: (left out to stop being identified.
Original Debt : credit card
Particulars of Claim: The claim is for overdue balance between a contract between defendant and (particular credit card) dated on or around Nov 6 2012, assaigned to claimant on March 2021, notice of which was given to the defendant (I cant remember this at all!) and then goes on to say I am in breach of contract in failing to pay the overdue sum.
Is the debt Statute Barred : UNSURE I THINK YES
List any letters you have sent : none
Any Other Information or Background Details: See Above, oh and court has got wrong apartment number on claim form, but sure that is an oversight as it still came to correct building

[echat11]

Hi Castlerain

Welcome to LB

Firstly, calm down and try not to worry.

Things always seem 'difficult' when in reality they are manageable, it's just a case of getting some control over them.

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original Creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to Intrum UK they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Restons Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[castlerain]

Hi Castlerain

Welcome to LB

Firstly, calm down and try not to worry.

Things always seem 'difficult' when in reality they are manageable, it's just a case of getting some control over them.

a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original Creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to Intrum UK they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

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

d) Send a CPR 31.14 request to Restons Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

Thank you so much, just seeing someone reach out makes me feel calmer and this wonderful information is great. Can I do the court doc of acknowledgment via post with a recorded delivery rather than online? And thank you

[echat11]

Thank you so much, just seeing someone reach out makes me feel calmer and this wonderful information is great. Can I do the court doc of acknowledgment via post with a recorded delivery rather than online? And thank you

You can Acknowledge of Service via post (Recorded Delivery). Keep an eye on when the Defence is due, don't forget.
Update the thread when you start receiving the requested documentation.

[castlerain]

You can Acknowledge of Service via post (Recorded Delivery). Keep an eye on when the Defence is due, don't forget.
Update the thread when you start receiving the requested documentation.

I will. Thank you so much!

[castlerain]

You can Acknowledge of Service via post (Recorded Delivery). Keep an eye on when the Defence is due, don't forget.
Update the thread when you start receiving the requested documentation.

Also! Sorry who do I make the postal orders too, and can you still get them from a regular post office? And do I send it to the head office of credit card company and head office of Interium? And do I sign letter as normal, and lastly! if I did lose my defence, are the court costs crazy amounts? I'm scared that it will make it impossible to pay off within those 30 days if I needed it to as I say I can't afford for my name and address to be easily accessible by public if I had ccj due to escaping domestic violence. Thanks again

[echat11]

You really need to calm down.

a) Also! Sorry who do I make the postal orders too, and can you still get them from a regular post office?

You make out the Postal Order to whoever you are sending the request to.

b) And do I send it to the head office of credit card company and head office of Interium?

Send it to their registered Head Offices.

c) And do I sign letter as normal, and lastly! if I did lose my defence, are the court costs crazy amounts?

Print your name, I'm sure if they want a signature they'll reply as such. As long as you follow all the Court orders / directions etc, Court costs should be minimal. It's a Small Courts Claim.

d) I'm scared that it will make it impossible to pay off within those 30 days if I needed it to as I say I can't afford for my name and address to be easily accessible by public

if I had ccj due to escaping domestic violence. Thanks again

The only way you get a CCJ is if you ignore orders / directions from the Court.
The Court will only ever ask you to pay what you can afford, so if that's £1 a month so be it.
The Court will ask you to fill in a Income and Expenditure form -

https://nedcab.cabmoney.org.uk/

[castlerain]

You really need to calm down.

a) Also! Sorry who do I make the postal orders too, and can you still get them from a regular post office?

You make out the Postal Order to whoever you are sending the request to.

b) And do I send it to the head office of credit card company and head office of Interium?

Send it to their registered Head Offices.

c) And do I sign letter as normal, and lastly! if I did lose my defence, are the court costs crazy amounts?

Print your name, I'm sure if they want a signature they'll reply as such. As long as you follow all the Court orders / directions etc, Court costs should be minimal. It's a Small Courts Claim.

d) I'm scared that it will make it impossible to pay off within those 30 days if I needed it to as I say I can't afford for my name and address to be easily accessible by public

if I had ccj due to escaping domestic violence. Thanks again

The only way you get a CCJ is if you ignore orders / directions from the Court.
The Court will only ever ask you to pay what you can afford, so if that's £1 a month so be it.
The Court will ask you to fill in a Income and Expenditure form -

https://nedcab.cabmoney.org.uk/

Thank you so much, I really appreciate your time and advice. I will keep you all informed. This feels like a life saver

[castlerain]

PLEASE HELP THIS IS EFFECTING MY MENTAL HEALTH
So I have sent off the court document saying that I wanted to defend it, and i have sent two days ago registered letter to get all the documents I require. However I just got this letter which must have crossed with their letter (although not the court one which i did last week) I have no idea what this is about and it has stressed me. It's from a company called capquest.

I can't upload photo but this is what it says...

"Your Running Credit Agreement between --------and Natwest (now Intrum UK Finance Ltd) dated 11th December 2012 and numbered ---'xxxx (the "Agreement"). Capquest Debt Recovery Limited has been appointed by Intrum UK
Finance Ltd as an administrator of your Agreement.

This notice is about default sums and is given by us under the Consumer Credit Act 1974.

Get in touch:
Restons
Trinity Chambers, 800 Mandarin Court
Centre Park, Warrington, WA1 1GG
Telephone: 01925 426100

The following default sums have become payable under the Agreement:

Date charge incurred:
2nd April 2025
2nd April 2025

Description of charge:
Issue Costs
Issue Fees

Amount of charge:
£80.00
£205.00


Telephone:
01925 426100
Your operator's standard charges apply


Date: 15th April 2025

Notice of Default Sums


Reference:
Xxxxx

Date charge became payable:
2nd April 2025
2nd April 2025

Total amount of default sums included in this notice: £285.00

This notice does not take account of default sums which we have already told you about in another default sum notice, whether
or not those sums remain unpaid

Interest
We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if
the sums are not paid in full by that date interest may be charged on the default sum at the rate allowed under the agreement.
However, we waive any right we may have to charge interest on the default sums stated in this notice meaning you will not have
to pay interest on them.


Please help someone. I'm very thrown by this

[echat11]

So I have sent off the court document saying that I wanted to defend it, and i have sent two days ago registered letter to get all the documents I require. However I just got this letter which must have crossed with their letter (although not the court one which i did last week) I have no idea what this is about and it has stressed me. It's from a company called capquest.

I can't upload photo but this is what it says...

"Your Running Credit Agreement between --------and Natwest (now Intrum UK Finance Ltd) dated 11th December 2012 and numbered ---'xxxx (the "Agreement"). Capquest Debt Recovery Limited has been appointed by Intrum UK
Finance Ltd as an administrator of your Agreement.

This notice is about default sums and is given by us under the Consumer Credit Act 1974.

Get in touch:
Restons
Trinity Chambers, 800 Mandarin Court
Centre Park, Warrington, WA1 1GG
Telephone: 01925 426100

The following default sums have become payable under the Agreement:

Date charge incurred:
2nd April 2025
2nd April 2025

Description of charge:
Issue Costs
Issue Fees

Amount of charge:
£80.00
£205.00


Telephone:
01925 426100
Your operator's standard charges apply


Date: 15th April 2025

Notice of Default Sums


Reference:
Xxxxx

Date charge became payable:
2nd April 2025
2nd April 2025

Total amount of default sums included in this notice: £285.00

This notice does not take account of default sums which we have already told you about in another default sum notice, whether
or not those sums remain unpaid

Interest
We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice. However if
the sums are not paid in full by that date interest may be charged on the default sum at the rate allowed under the agreement.
However, we waive any right we may have to charge interest on the default sums stated in this notice meaning you will not have
to pay interest on them.


Please help someone. I'm very thrown by this

Try to calm down. It sounds like a Default Notice, what's the date on it?

[castlerain]

HELP NEEDED URGENTLY

Please Help. My mental health isnt great and I am afraid this is triggering for me.

The date on the letter is 15th April 2025 about a running credit from 11th Dec 2012. it does say its a default sums, but I cant understand why i have got this as I have sent a court notice to say i am defending the debt which restons has instigated on behalf of natwest from 2012 and I have sent yesterday actually a registred letter to restons asking for doc details as advised my you guys, then i get this. I dont undererstand if i am already being threatened with having to pay back this sum from 2012 and i am in process of defending it why capquest have got involved and sent this? and why this amount when the alleged debt is a few thousand/. They are telling me to get in touch with Restons as well. It does not make sense!

[castlerain]

Try to calm down. It sounds like a Default Notice, what's the date on it?

HELP NEEDED URGENTLY

Please Help. My mental health isnt great and I am afraid this is triggering for me.

The date on the letter is 15th April 2025 about a running credit from 11th Dec 2012. it does say its a default sums, but I cant understand why i have got this as I have sent a court notice to say i am defending the debt which restons has instigated on behalf of natwest from 2012 and I have sent yesterday actually a registred letter to restons asking for doc details as advised my you guys, then i get this. I dont undererstand if i am already being threatened with having to pay back this sum from 2012 and i am in process of defending it why capquest have got involved and sent this? and why this amount when the alleged debt is a few thousand/. They are telling me to get in touch with Restons as well. It does not make sense!

[echat11]

Please Help. My mental health isnt great and I am afraid this is triggering for me.

The date on the letter is 15th April 2025 about a running credit from 11th Dec 2012. it does say its a default sums, but I cant understand why i have got this as I have sent a court notice to say i am defending the debt which restons has instigated on behalf of natwest from 2012 and I have sent yesterday actually a registred letter to restons asking for doc details as advised my you guys, then i get this. I dont undererstand if i am already being threatened with having to pay back this sum from 2012 and i am in process of defending it why capquest have got involved and sent this? and why this amount when the alleged debt is a few thousand/. They are telling me to get in touch with Restons as well. It does not make sense!

You really need to calm down, if you need help with coping, book an appointment with your GP, you could also get help from CAB where they will deal with this for you.

It sounds like it's some of the information you requested, they Defaulted the account, but I'm not sure they have done that correctly.

[castlerain]

You really need to calm down, if you need help with coping, book an appointment with your GP, you could also get help from CAB where they will deal with this for you.

It sounds like it's some of the information you requested, they Defaulted the account, but I'm not sure they have done that correctly.

Hi, thank you, I appreciate this. This cant be the information I requested as I sent the letter to them yesterday and they sent me this letter - Capquest yesterday. So Restons would've got letter today but Capquest already had sent thiers

[Pezza54]

IMO the charges relate to the claim in post 1
£205 is the court fee for claims £3k to £5k
£80 is the solicitors legal costs for drafting the claim

To me, it seems like a scare tactic. These sums will only become payable by the defendant if the claim is successful in court

The claim should be allocated to the small claims track where legal costs are usually not recoverable