Restons Solicitors & ME 111 Ltd.

[R0b]

Re: Restons Solicitors & ME 111 Ltd.

You could add to the defence if you wished to do so something along the lines of:

The Defendant submits that the Claimant has no authority to bring a claim as they are no longer authorised to carry out regulated activities. Section 19 of the Financial Services and Markets Act 2000 prohibits a person from carrying out any regulated ativities unless he is authorised to do so or exempt. Further, debt collection is a regulated activity under Article 39F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001. The Claimant's authorisation has now lapsed and by bringing an action against the Defendant, is committing a criminal offence.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Thank you R0b I will add that!

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Read again imo good to go!

By all means add the part posted by [MENTION=71570]R0b[/MENTION]

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

That is great, thank you.

Is there any benefit in waiting until the last day to file or should I just file it now?

Also, where I have referred to things like the T&C's and where they have signed for post do I have to include that evidence with the defence or is it just accepted that it would be provided pre trial?

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

That is great, thank you.

Is there any benefit in waiting until the last day to file or should I just file it now?

Also, where I have referred to things like the T&C's and where they have signed for post do I have to include that evidence with the defence or is it just accepted that it would be provided pre trial?

Reptile

Yes some benefit as the claimant has less time to examine your defence., my recommendation is to send 48 hours before the due date just in case post is delayed.

nem

- - - Updated - - -

That is great, thank you.

Is there any benefit in waiting until the last day to file or should I just file it now?

Also, where I have referred to things like the T&C's and where they have signed for post do I have to include that evidence with the defence or is it just accepted that it would be provided pre trial?

Reptile

Yes some benefit as the claimant has less time to examine your defence., my recommendation is to send 48 hours before the due date just in case post is delayed.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I have had this letter today from Restons.

I take it Ignore this and just get my defence in as planned?

Do I have to include copies of the documents that I have referred to in my defence when I file it?

Thanks

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

I have had this letter today from Restons.

I take it Ignore this and just get my defence in as planned?

Do I have to include copies of the documents that I have referred to in my defence when I file it?

Thanks

Reptile

Hello rep,

This is a standard Reston response when they don't have any documentation so of no purpose really, you need to carry on as planned with your defence.

Nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Great, thank you.

So do I include the documents that I have referred to in my defence with the defence when I file it? For example the terms and conditions and the proof of posting?

Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

[QUOTE=reptile;660342]Great, thank you.

So do I include the documents that I have referred to in my defence with the defence when I file it? For example the terms and conditions and the proof of posting?

Thank you

Yes rep.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Great, thank you

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Can I please double check my dates please?

The defence has to be in 28+5 days from the issue date on the claim allowing five days for service. Does it matter that I acknowledged the claim straight away, it doesn't affect the 33 days?

The Issue date was June 13th so the defence has to be in on Saturday July 16th (does this roll on to the Monday) or is it 28 days (Monday 11th July) because I acknowledged service straight away?

I would hate to miss the deadline because I misunderstood the rules!

Thank you

Reptile

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

The defence has been in a week now (the last day for filing). I have still had no reply to the CCA or the CPR requests.

What is the timescale now?

Do I have to push the court to have the claim thrown out because the CCA and CPR haven't been adhered to?

Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

The defence has been in a week now (the last day for filing). I have still had no reply to the CCA or the CPR requests.

What is the timescale now?

Do I have to push the court to have the claim thrown out because the CCA and CPR haven't been adhered to?

Thank you

Reptile

The claimant has 28 days to respond to your defence, if they do not respond the court will stay (suspend) the claim. You will not be informed if this happens so at the end of the 28 days if you have heard nothing you will have to check with the court on the status of the claim.

nem,

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Ok, the case was stayed on August 22cnd.

What are the options now? Is it just a case of hoping they don't apply to have the stay lifted?

If so isn't that just a Damocles sword for the rest of my life? Is there an option to have it struck out?

Thank you

Reptile

[R0b]

Re: Restons Solicitors & ME 111 Ltd.

Morning, as the Claim is stayed it will stay that way until action is taken by either party. The lnger you leave the claim stayed the more opportunity they have to get the documentation they need and then proceed to trial.

If it were me, I would be making an application to strike out and/or summary judgment on the basis that they do not have the documents required at the time of issuing the claim and it is also an abuse of process as they have no evidence to back up their grounds for bringing a claim and/or preventing the limitation clock from running.

If you leave it as it is then there is the risk that at some point the stay may be lifted and then you fight another day in court.