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Re: Restons reply CPR 31.14
How then have you submitted a defence?
I haven't acknowledged the claim
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Re: Restons reply CPR 31.14
post #2 here (http://legalbeagles.info/forums/show...574#post670574) although I'll merge the threads nowOriginally posted by charitynjw View Post
Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
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Specialist advice can be sought via our sister site JustBeagleComment
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Re: Restons Solicitors & ME III Ltd
Thanks for merging [MENTION=49370]Kati[/MENTION]
have I made a mistake with the defence (template used from the forum) I had till the 18th to send it in.Comment
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Re: Restons Solicitors & ME III Ltd
Can anyone help me with a response to Restons letter above?Last edited by xxjennxx; 18th September 2016, 17:53:PM.Comment
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Re: Restons Solicitors & ME III Ltd
Can anyone help me?Comment
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Re: Restons Solicitors & ME III Ltd
What help do you need xxjennxx?Originally posted by xxjennxx View Post
You've filed a Defence and the court has written to you to confirm that on 16th September they sent it to the Claimant's solicitor who was given 28 days to inform them (the court) if they wish to proceed with the claim. If they don't inform the court within that timescale then the claim is automatically stayed.
You have sent a CCA Request and a CPR 31.14 Request.
If they can't provide the credit agreement (or an honest and accurate recon of the CCA) then they will know that they can't enforce the debt in court since the account was opened in November 2006 according to the POC.
If they don't provide the documents you've requested in your CPR Request then they will be in some difficulty.
In the meantime I can't think of anything you should be doing. If they don't respond to you it can only be a good thing at this stage
DiComment
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Re: Restons Solicitors & ME III Ltd
Thanks [MENTION=61310]diana[/MENTION]m
The I've not heard from ME III re the CCA
Restons replied to my CPR saying that I would have been provided with the T&Cs when I opened the account hence they see no reason why I would now require an additional copy. And although I've requested other documentation the PoC contains sufficient info.
just so that I'm clear (apologies) 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?Comment
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Re: Restons Solicitors & ME III Ltd
Not exactlyOriginally posted by xxjennxx View Post
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.
DiComment
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Re: Restons Solicitors & ME III Ltd
Ok thanks for clarifying I hope they don't keep dragging it out though
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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?Comment
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Re: Restons Solicitors & ME III Ltd
What admission?
Did you make an admission when you filed your AOS?
Or have I misunderstood your post?
DiComment
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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 itComment
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Re: Restons Solicitors & ME III Ltd
Ah, I see.Originally posted by xxjennxx View Post
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
DiComment
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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!Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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