Restons Solicitors & ME 111 Ltd.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Ok,

I have written a complaint to the ICO.

I have also written to Reston's and plan to include a copy of the default notice. Is this a good idea?

I see that BMW vs Hart relied heavily on the actual T&C's regarding termination. I have no such T&C's. Is this a good defence against that?

Any advice regarding this is gratefully received!

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Ok,

I have written a complaint to the ICO.

I have also written to Reston's and plan to include a copy of the default notice. Is this a good idea?

I see that BMW vs Hart relied heavily on the actual T&C's regarding termination. I have no such T&C's. Is this a good defence against that?

Any advice regarding this is gratefully received!

Reptile

As Charity pointed out section 5 on the t's and C's seems to be the only reference to breaching the agreement so the matter does not seem to meet the scenario in BMW - V - Hart, presuming of course that the documents posted here are complete.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Hi Nem,

Thank you for your reply.

The terms are complete.

What do you think to the two letters?

Thank you

Reptile

[Kati]

Re: Restons Solicitors & ME 111 Ltd.

[MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Hi Nem,

Thank you for your reply.

The terms are complete.

What do you think to the two letters?

Thank you

Reptile

Both letters good to go imo!!

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Great thank you, one quick question. Should the Reston's one be Without Prejudice or would it be good to refer to it in court?

Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Great thank you, one quick question. Should the Reston's one be Without Prejudice or would it be good to refer to it in court?

Thank you

Reptile

No don't use WP all this could be useful.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I have received a response from Reston's.

What I read into this is that they don't have the agreement that they have listed on the claim.

What do I do now?

Do I continue on as normal and get my defense in by July 13th and just state that they haven't complied with the CCA? I have evidence that they have received the CCA.

They also haven't addressed the CPR 31.14 that Restons received on 17th June so they are over the 7 days allowed. Do I push them for this or again do I just state that they have failed to supply it?

Do I have to tell the court there has been an extension?

Thank you for your help so far, I am very grateful.

Reptile

[MIKE770]

Re: Restons Solicitors & ME 111 Ltd.

just follow Court instructions as received

[MENTION=1937]nemisis[/MENTION]45

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

I have received a response from Reston's.

What I read into this is that they don't have the agreement that they have listed on the claim.

What do I do now?

Do I continue on as normal and get my defense in by July 13th and just state that they haven't complied with the CCA? I have evidence that they have received the CCA.

They also haven't addressed the CPR 31.14 that Restons received on 17th June so they are over the 7 days allowed. Do I push them for this or again do I just state that they have failed to supply it?

Do I have to tell the court there has been an extension?

Thank you for your help so far, I am very grateful.

Reptile

Hi,

Yes follow the court process don't delay on anything as Restons say in the letter, the court processes continue so stick to the original dates the letter make no mention of an agreed extension just that the claimant ahs put the matter " on hold", dirty tricks are common.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Ok thank you.

I will prepare the defence over the next few days and post it up here to see if I am on the right lines.

With regard to the failures of MEIII and restons to respond to the CCA & CPR 31.14 requests do I chase them up for that or list that in my defence?

Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Ok thank you.

I will prepare the defence over the next few days and post it up here to see if I am on the right lines.

With regard to the failures of MEIII and restons to respond to the CCA & CPR 31.14 requests do I chase them up for that or list that in my defence?

Thank you

Reptile

You can if you wish chase the CPR request, but not the CCA request where non compliance renders the debt unenforceable Until the agreement is provided.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Ok,

I have prepared a draft defence.

I have taken various parts from sample defences that I have seen through research.

I am not sure if 19 & 21 should both be there because it may confuse what I am asking the court to do?

Thank you for your input.


1: The defendant received the claim CXXXXXXX from the Northampton County Court on 15/06/2016.


2: Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.


3: This claim is for a Loan agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into an agreement with Black Horse Ltd for provision of credit.


5: The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


6: The Claimant's statement of case states that the account was assigned to ME III Ltd on April 01 2016. The Defendant does not recall receiving notice of this assignment.


7: The last payment by the defendant to this account was on 16/02/2009.


8: The defendant has not acknowledged the debt in writing in the last six years.


9: A default notice was issued on 04/12/2007


10: The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5). This was by letter on 15/11/2015.


10: The claimant states that the account was terminated “on or around 27th January 2011”. The claimant has provided no evidence of this.


11: It is manifestly unfair for the original creditor to wait 710 days from the last payment or acknowledgement on account before terminating the agreement. A complaint has been started with the Information Commissioner's Office (ICO). This complaint is (to date) still being investigated, it has been acknowledged.


12: According to the Limitations Act 1980 a simple contract such as this agreement would become statute barred after a period of six years since the last cause of action. The last cause of action was the last payment to account which was 16/02/2009.


13: The terms and conditions of the agreement do not state when termination of the account will occur in the event of none payment.


14: The terms and conditions of the account have very sparse details as to the default process in the event of non payment.


15: On the 16/06/2016 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Restons Solicitors (claimant's solicitors). I requested Restons provide copies of the Agreement and Notice of Assignment. This was received by Restons on 17/06/2016. To date Restons have failed to provide the requested documents that I need in order to fully prepare my defence.


16: On 16/06/2016 I sent a formal request for a copy of the original agreement to ME III Ltd pursuant to section [s77 (1) / s 78 (1)] of the Consumer Credit Act 1974 along with the statutory £1 fee. This request was received by ME III Ltd. on 20/06/2016.


17: The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


18: Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


19: I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


20: In the event that the relevant documents are received from the Claimant's I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


21: Accordingly the Defendant seeks the Claimant's claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Hello Reptile.

1st read looks good imo, will read through again together with the thread.

nem,

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Thanks Nemesis, that's great.