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HELP, I have received a court claim from Restons Solicitors and unsure what to do.

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  • #31
    Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

    Originally posted by holmewood114 View Post
    Good afternoon everyone.
    Just a quick update again.
    I rang the court today and a stay was put on my claim on the 16th Jan.
    This can only be good news cant it ?
    Thanks chris
    The claim is, for the time being, in limbo.
    The Claimant would need to pay to lift the stay.
    Whether they will (or can), only time will tell.
    But the claim is for ~£5.6k...........
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #32
      Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

      Yes thanks.
      Its a waiting game again.
      They do not have the information stated in my defence.
      If they cannot get it could they sell the debt on again ?
      This could go on a long time :-/

      Regards chris

      Comment


      • #33
        Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

        Hi guys,
        Another update, Today i received a letter from Restons asking me to withdraw my defence as i have been continuing to make monthly £10 payment.
        Would you reccommend i keep these payments up or stop them.?
        I feel its about to start up again !

        Thanks Chris

        Comment


        • #34
          Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

          Originally posted by holmewood114 View Post
          Hi guys,
          Another update, Today i received a letter from Restons asking me to withdraw my defence as i have been continuing to make monthly £10 payment.
          Would you reccommend i keep these payments up or stop them.?
          I feel its about to start up again !

          Thanks Chris
          Hello Chris,

          A court will see these payments as a clear admission of liability, so I assume that you will contend the enforceability of the debt in court i.e. that no CCJ should be made???

          nem

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          • #35
            Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

            If they have failed to provide the CCA or maybe other important paperwork such as the NOA or Default notice, why on earth would you withdraw your defence?

            It is a small claim I assume so costs are unlikely

            If however they have produced everything you might want to get a professional to look it over and see what they think

            Incidentally
            I believe that Restons have a reputation for being really not very nice people so you will have to hold your nerve

            Remember if they have produced all the paperwork there is still the chance of a Tomlin order but I think that would be done via mediation

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            • #36
              Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

              Thanks for that.
              I did not realise i was was still making payments. I have stopped them now.
              No they failed to produce any paperwork.
              What is even more weird, Restons have taken me to Court on behalf of Arrow. I have had a letter from Arrow stating it is not their debt.
              I honestly do not know what is going on.
              The debt is for £5600
              Any help you give is greatly appreciated.

              Comment


              • #37
                Re: HELP, I have received a court claim from Restons Solicitors and unsure what to do

                If you read other threads it is comments on LB you will see that Arrow often deny they are the creditor which is rubbish , well if they aren't the creditor then they can not be the claimant - might be worth including in your WS when it comes to it.

                From what you have posted it seems a slam dunk - they have not provided any of the proof you owe the money but courts are a funny place
                [MENTION=87380]Diana M[/MENTION] ( Sorry I know you are busy) [MENTION=7765]Joanna C[/MENTION]

                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.




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