Me v Restons and marlin

[Rufus123]

Hi everyone

i never posted on here but pinched a lot of advice from this forum when dealing with restons so thought I'd post a up to date blow by blow of my encounter with this incompetent and unethical bunch of baldricks

debt is allegedly a Halifax card for about 8 grand,

- it's been bounced about different debt collectors for years, I've CCA d all of them and they all crawled away as there clearly is no agreement however marlin seem to be the worst of the worst

- so got a few letters before action in December and then the usually pre Xmas ccj application Xmas week ( they must be so proud )

- I submitted a defense immediately as I knew there is no agreement, the defense was literally 1 paragraph, something along the lines of...

the claimant is in default of a cca request made under the ..... Etc etc

the agreement is legally unenforceable

I do do not believe the contract exists

i request it be struck out with prejudice as the claimant is abusing process

- the defense was sent to Restons and they have wrote back saying the cca is still being obtained ( haha.... I first requested it 5 years ago from Halifax and they didn't have it )

So that's where I am, they have 3 or 4 days to respond

so my question is how easy is it to get it set aside now ? And can I claim costs. I support pdsa so thought I could get Restons to make a nice donation haha

also what's easier considering there is no cca ??? Getting it set aside or just letting it sit dormant once Restons pass the 28 days

ps - a trainee solicitor is who I'm dealing with so I presume they are farming these out to the new starters now !!

All in all the most unethical bunch of idiots I've ever dealt with, they even boast on their website about being in the top 3 issuers of charging orders in the uk!!

[Amethyst]

Re: Me v Restons and marlin

Hi, Welcome xxx When you say 'set aside' I believe you mean 'stayed' and you are a few days off the courts deadline for response to your defence by the claimant, after which time the case will be stayed.

After the 28 days (plus a week or so for postage/court backlog etc) check with the court if the claim has been stayed, write to the claimant informing them you intend to apply to strike unless they supply documents, remind them they will need to apply court to lift the stay to proceed anywa, and in interest of saving costs (as they'd be asked for your £155 application fee for applying for a strike due to abuse of process) would they just like to discontinue and save you all time and bother.

Or something along those lines anyway.... then see if they come back, and either apply to court (N244) to strike out the claim - or leave it be.

Now, if you CCA'd 5 years ago and nothing was found, it really doesn't mean nothing will be found now, as the banks and lenders have really sorted out themselves agreement wise in the last couple years. It's hopeful though.

When they didn't find anything 5 years ago did they write to you to tell you they couldn't find it, or any reason for it not being in existence any longer ?

[Rufus123]

Re: Me v Restons and marlin

Thanks mate

sorry was just reading the crazy passport thread where they send texts and emails for people to come to your house to get money, have offices next door to brothels and try to go thro court !!

crazy stuff, spent a hour reading thru it with my mouth wide open in surprise

i thought Restons were bad !

I was was thinking after the deadline passes what's best to do, it will get stayed but I don't want it hanging over me should they decide to fabricate an agreement and then re commence

i requested it 5 years ago or so, then again last year and again in December so they don't have it, I even have the letter from Halifax dated years ago saying they don't have it and can't get it so I'm not to worried about that

i was wondering about getting it struck out with prejudice and if anyone's done this before or do people just let it go once they fail and its stayed

thanks for the reply, you guys are red hot on your knowledge of this are and this website is fantastic, I really can't thank you enough, Restons must bloody hate this site haha

[Rufus123]

Re: Me v Restons and marlin

ah got you

sorry a little slow tonight

ill write to them and get them to discontinue next week, saves a lot of messing about

thanks :-)

[Amethyst]

Re: Me v Restons and marlin

Restons are pussycats in comparison

Actually I don't like Restons a jot as they got a charging order on my house back in 2006 by lying to the court. I was a bit greener back then.

i requested it 5 years ago or so, then again last year and again in December so they don't have it, I even have the letter from Halifax dated years ago saying they don't have it and can't get it so I'm not to worried about that

That's good

Some peeps go for a strike out and some people leave it on stay, it's not often they come back but we have seen it a year down the line with a recon agreement. But yes, writing and asking them to discontinue to avoid costs is prefered as a first step, AFTER the claim has been stayed. And always check with the court if they have a backlog or have received anything from the claimants before you do that.