Restons Solicitors & ME III Ltd

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Who do I write the letter to DLA or ME III or both?

I might also get in touch with the court and request it be struck out

[nemesis45]

Re: Restons Solicitors & ME III Ltd

I'm so angry!!!

I received a statement of account from DLC the £1 cheque I sent to ME III along with the CPR letter has been deducted from the balance. I've attached the letter

Who are DLC can ME III do this?

Can someone help me draft a letter?

I can't upload the letter for some reason

CPR request do not attract a fee that's for the CCA request,

DLC does not have the right to allocate the payment to the account.

Please just type in the content of the letter.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I'm so angry!!!

I received a statement of account from DLC the £1 cheque I sent to ME III along with the CPR letter has been deducted from the balance. I've attached the letter

Who are DLC can ME III do this?

Can someone help me draft a letter?

I can't upload the letter for some reason

[nemesis45]

Re: Restons Solicitors & ME III Ltd

Thanks Nem sorry just one more question, what happens if they don't pay to lift the stay and is there a time limit they have to lift it? Sorry that's 2 questions haha

A stay can remain for ever if they don't pay the fee, however if the stay is prolonged then you are at liberty to apply to the court for the claim to be struck out, there is of course a fee for this.

Usually I would recommend writing to the claimants solicitor inviting their client to discontinue the claim as they have no reasonable chance of going forward.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Thanks Nem sorry just one more question, what happens if they don't pay to lift the stay and is there a time limit they have to lift it? Sorry that's 2 questions haha

[nemesis45]

Re: Restons Solicitors & ME III Ltd

i haven't heard from Restons since my last post nearly a month ago do I need to write to them again? as I understand it they had 28 days to tell the court that they wish to continue, so in 2 or 3 days if I haven't heard from them the case is closed??

No the claim will not be closed if the claimant fails to respond to the defence within the time allowed the court will stay (suspend ) the claim, the claimant then will have to pay a fee to lift the stay and continue the claim.

You are not informed when this happens so you will have to phone the court if you don't get any response from the court and /or the claimant.


nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

i haven't heard from Restons since my last post nearly a month ago do I need to write to them again? as I understand it they had 28 days to tell the court that they wish to continue, so in 2 or 3 days if I haven't heard from them the case is closed??

[MIKE770]

Re: Restons Solicitors & ME III Ltd

use this form in an emergency (not the print side) lol

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

That's what I though haha

Do I have to reply to them or just keep waiting? They've got to be running out of time!

[Diana M]

Re: Restons Solicitors & ME III Ltd

No I haven't filled it in I'm assuming they just desperately want me to pay it

Ah, I see.

They've sent you a blank admission form to fill in. That's a bit cheeky.

Anyway on Page 2 of their letter they have made the admission that they don't have the paperwork so have had to ask the original creditor for it.

That's good news

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I've attached it. No I haven't filled it in I'm assuming they just desperately want me to pay it

[Diana M]

Re: Restons Solicitors & ME III Ltd

What admission?

Did you make an admission when you filed your AOS?

Or have I misunderstood your post?

Di

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I've had a letter from Restons today acknowledging the defence I filed they have also sent me a copy of the admission section of the court papers. I have attached the letter can someone help me with a reply?

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Ok thanks for clarifying I hope they don't keep dragging it out though

[Diana M]

Re: Restons Solicitors & ME III Ltd

if Restons or ME III don't provide a copy of the documentation requested within 28 days from the 16 Sept they can't claim the money? And if they do respond will they send it to me or the court?

Not exactly

The Claimant/solicitors have to inform the court whether they intend to continue with the proceedings within the 28 day deadline. They don't have to say why they want to continue or whether they have the documents they'll need to succeed at Trial.

A stay is just a pause button to give both parties time to have second thoughts or settle privately.

Restons tend to soldier on regardless because they know there will be the option to have free telephone Mediation which they'll see as an opportunity to get a deal done without the need to go to court (where they might not win).

If either the Claimant or their solicitors obtain the paperwork they will send it direct to you not the court.

Restons often say that they don't need to send you the Ts & Cs because you would have been sent them when you opened the account. That's a bit presumptuous if you ask me, and not the point. Whatever did or didn't get sent to you when you opened the account doesn't release the creditor from their statutory obligation to send them to you again (if they ever existed in the first place) in order to comply with your lawful s.78 CCA Request.

Di