Restons Solicitors & ME III Ltd

[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

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??

[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

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

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

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

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

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

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

This is the letter I have written to Reston Solicitors. Please can you advise if I need to add or amend anything [MENTION=55034]nemesis45[/MENTION]

On 19.08.16 I wrote to your client ME III Ltd to request a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I also sent your client a cheque for £1 which represented the statutory fee payable under the Consumer Credit Act.

On 19.11.16 I received a statement of account from DLC to my surprise they have used the £1 cheque specifically sent for my Consumer Credit Agreement and used it to deduct from the alleged debt. DLC have no right to do this.

I therefore request that you discontinue the claim or I shall contact the court and ask that this case be struck out.

[MIKE770]

Re: Restons Solicitors & ME III Ltd

hang on until the peeps arrive here there is a system in place for strike out application using the court process applications, forewarned is forearrmed

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Thanks [MENTION=3599]MIKE770[/MENTION] I thought I'd write to Restons first and give them a chance to discontinue the claim first

[nemesis45]

Re: Restons Solicitors & ME III Ltd

This is the letter I have written to Reston Solicitors. Please can you advise if I need to add or amend anything @nemesis45

On 19.08.16 I wrote to your client ME III Ltd to request a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I also sent your client a cheque for £1 which represented the statutory fee payable under the Consumer Credit Act.

On 19.11.16 I received a statement of account from DLC to my surprise they have used the £1 cheque specifically sent for my Consumer Credit Agreement and used it to deduct from the alleged debt. DLC have no right to do this.

I therefore request that you discontinue the claim or I shall contact the court and ask that this case be struck out.

I would remove the last para, and instead state that the conduct of their client will be brought to the attention of the court and if you do not receive the documents requested you will make application for the claim to be struck and will expect their client to bear the cost of the application.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

[MENTION=55034]nemesis45[/MENTION] I have drafted a short letter to the court should I send this or wait for a reply from Restons? Letter draft below. I will also send them a copy of the letter from DLC and the letter I have sent to Restons

I would like to bring to your attention the conduct of ME III.

I sent ME III a cheque for £1, which represented the statutory fee payable under the Consumer Credit Act for a copy of my Consumer Credit Agreement as is my entitlement under sections 77-779 of the Consumer Credit Act 1974.

ME III have then passed this cheque on to a company I haven’t heard of called DLC. DLC have then deducted the £1 from the alleged debt.

I have again requested that the claimants solicitor send the documents requested.

[nemesis45]

Re: Restons Solicitors & ME III Ltd

@nemesis45 I have drafted a short letter to the court should I send this or wait for a reply from Restons? Letter draft below. I will also send them a copy of the letter from DLC and the letter I have sent to Restons

I would like to bring to your attention the conduct of ME III.

I sent ME III a cheque for £1, which represented the statutory fee payable under the Consumer Credit Act for a copy of my Consumer Credit Agreement as is my entitlement under sections 77-779 of the Consumer Credit Act 1974.

ME III have then passed this cheque on to a company I haven’t heard of called DLC. DLC have then deducted the £1 from the alleged debt.

I have again requested that the claimants solicitor send the documents requested.

This forms part of your defence, so don't send it.

Let's see what Restons come up with.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

This forms part of your defence, so don't send it.

Let's see what Restons come up with.

nem

[MENTION=55034]nemesis45[/MENTION] Its been 8 months and I've finally had a reply from Restons!!!!!!!!!!! Ive attached the letter