Twins22 Restons/Arrow

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Morning
So I have received the court papers.Turns out this debt is actually back to 2002. But I have also had a lengthy chat with Restons who mentioned about doing a Tomlin and I am now awaiting to hear in the next few days if we can do that.Do I still need to respond to the court papers even if a Tomlin is put in place?

Yes comply with all court documents within specified time limits.

I recommend keeping All contact with Restons in writing from now on.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

So I have received the court papers.Turns out this debt is actually back to 2002. But I have also had a lengthy chat with Restons who mentioned about doing a Tomlin and I am now awaiting to hear in the next few days if we can do that.Do I still need to respond to the court papers even if a Tomlin is put in place?

Once a claim has been issued the court takes over the timetable of events.

You can go online and state your intention to defend all of the claim. That deadline is 19 days from the claim Issue Date.

You must then file your Defence no later than 33 days after the claim Issue Date.

Once your Defence is filed then the Claimant is sent a copy by the court giving them 28 days to inform them (the court) if they intend to continue with proceedings.

If they don't inform the court by the 28 day deadline then the claim is stayed (a pause button).

If they inform the court they wish to continue then the court will send you a Directions Questionnaire to complete. On that form you will be offered the opportunity to agree to free telephone Mediation in order to settle without a CCJ.

If this debt dates back to an account opened in 2002 then you may have a potential Defence if the Claimant cannot produce the relevant documents.

I have previously suggested you should send a s.77-79 CCA Request to Arrow. Send it to the address on the claim form with Proof of Posting from the post office. Proof of Posting is "deemed" to be service.

I've also suggested you send a CPR 31.14 Request to Restons with a copy of your CCA Request to Arrow. Send this by Royal Mail Recorded Delivery.

If you want to adopt a belt and braces approach you can send a CCA Request to Restons with your CPR 31.14 Request too.

Someone on the forum will help you to complete these requests' paperwork.

In the meantime if you agree a Tomlin Order with Restons (negotiate in writing only) then post on the forum to make sure that things go smoothly.

While I know you're anxious to sort this rapidly, sometimes time is your friend. Don't let anyone take advantage of your understandable panic

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I have received the court papers.Turns out this debt is actually back to 2002.

Can you post up (type them out) the Particulars of Claim on the summons so that help can be offered.

You might also like to ask @Kati nicely to start you a new thread for all your posts because this thread belongs to another member who has an active situation to deal with.

You may want a title which says Arrow not Cabot

Di

[Kati]

Re: Restons/Cabot - refusal to accept a Tomlin Order

You might also like to ask @Kati nicely to start you a new thread for all your posts because this thread belongs to another member who has an active situation to deal with.

You may want a title which says Arrow not Cabot

Di

sorted :yo: xx

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Can I just check then if I am going down The a Tomlin line I would still defend the claim?

[Kati]

Re: Twins22 Restons/Arrow

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Can I just check then if I am going down The a Tomlin line I would still defend the claim?

Yes.

You must file a Defence to the claim unless the Claimant discontinues it before the Defence deadline. You will need to see a signed copy of the Notice of Discontinuance in that case.

If you don't file your Defence by the deadline the Claimant can get a Default Judgment (CCJ) against you.

When dealing with court proceedings it's best to assume that things haven't been settled until an Order has been signed by both parties and filed with with the court

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I'm probably being silly here but looking at the form my options are: if I admit it I fill in the admission form if I dispute I fill in the defence form or if I acknowledge this will give me a further 28 days to put a defence forward?Do I complete acknowledge and then will I receive a further letter with the date my defence needs to be in?
I'm guessing in this time IF I can do a Tomlin this should be signed and replace the CCJ?

I'm so sorry to bother you all :-(

- - - Updated - - -

I have tried attaching a picture of what my options are but not sure how to add this.I will type it out properly if I need to

[Twins22]

Re: Twins22 Restons/Arrow

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Everyome

just wondered if you were able to view my attachment with the options available?
Thanks

[charitynjw]

Re: Twins22 Restons/Arrow

The attachment in post #39 doesn't open (for me).

[nemesis45]

Re: Twins22 Restons/Arrow

The attachment in post #39 doesn't open (for me).

There's nothing there [MENTION=5553]charitynjw[/MENTION]

nem

[Twins22]

Re: Twins22 Restons/Arrow

Morning
I have no idea how to attach this properly so will just type out the options.
If I admit the amount claimed and want to pay -I complete admission form
If I admit part of the amount -I complete admission and defence
If I dispute the whole thing and wish to make s claim against the claimant -I complete the defence form or
If i need 28days instead of the 14 from the date of service to complete my defence or wish to contest the courts jurisdiction -incomplete the admissions form.

Is the date of service the one on the first page?

I am hoping I will get a call to let me know if the Tomlin is a go ahead if this is the case I know I still have to send a reply but which one?and what will I then receive to let me know that Restons are doing as they say.On the call last week they did say it is only them that have to proceed with the ccj so if a Tomlin is agreed ineould be signing an agreement and the ccj would just not be processed is this true?

Thanks again for all your help.

[Diana M]

Re: Twins22 Restons/Arrow

I have no idea how to attach this properly so will just type out the options.
If I admit the amount claimed and want to pay -I complete admission form
If I admit part of the amount -I complete admission and defence
If I dispute the whole thing and wish to make s claim against the claimant -I complete the defence form or
If i need 28days instead of the 14 from the date of service to complete my defence or wish to contest the courts jurisdiction -incomplete the admissions form.

Is the date of service the one on the first page?

I am hoping I will get a call to let me know if the Tomlin is a go ahead if this is the case I know I still have to send a reply but which one? and what will I then receive to let me know that Restons are doing as they say.On the call last week they did say it is only them that have to proceed with the ccj so if a Tomlin is agreed ineould be signing an agreement and the ccj would just not be processed is this true?

In order to prevent a CCJ you must tick the box which says "I intend to defend all of the claim".

Do not enter anything in the Defence section at this moment in time. You'll have 33 days from the Issue Date on the claim form (front page top right) to do that. Someone on this forum will help you prepare a Defence.

A lot will depend on what does/doesn't come back in response to your CCA Request and CPR 31.14 Request letters (have you sent those yet?).

Once you've filed your Defence the court will write to the Claimant and give them 28 days to inform them whether they wish to continue with proceedings. If they don't respond within the timescale given then the claim is automatically stayed (a pause button on proceedings).

If they inform the court that they intend to continue you will be sent a Directions Questionnaire to complete. On that form there's an opportunity to tick the box for free telephone Mediation if you want to settle without a CCJ or a Tomlin Order. It's a legally binding arrangement.

It's a risk attempting to negotiate direct with the solicitors over the telephone. This should always be done in writing to avoid anything getting lost in translation.

Di

[Kati]

Re: Twins22 Restons/Arrow

Morning
I have no idea how to attach this properly so will just type out the options.

you could email it to me and I'll post it up