Court claim, Restons

[Codvet]

Hi,
I have been battling Restons solicitors for over three months now with regard to a spent debt from ten years ago. They are working for Cabot.
Up to today ,despite my official letters and requests for documentation to prove this is my debt and that I made a payment on it in the last six years, they have provided nothing to support their claim.
However they still proceeded to make a court claim which I robustly defended on the 3rd March. I have proceeded to get letters from Restons since then , threatening to 'strike out my drfence and enter a judgement' even though they have not provided any documentation whatsoever.
i have received another letter today threatening again.
I am wondering what has happened regarding the court claim as more than 28 days have elapsed. Also can they strike out my defence.
I have had enough of this and it is a huge worry.
what can I do now.

[Stu]

Re: Court claim, Restons

They can't strike out your defence .. they can ask the court for it to be but that's just a small part of this whole process, but I think they are just trying to scare you into payment or offer a payment plan, they, as you do can only go by what the courts say.. If you have entered a defence the next stage is for a directions questionnaire to be sent..

In your defence did you state that the debt is Statute barred?

Maybe post up their letter to you (removing all personal info)

You get 33 days from the date on the claim form..

Not easy in situations like this but do try not to let this worry you as your definitely in the right place for help...

[Codvet]

Re: Court claim, Restons

They have offered no proof of anything but apparently there is a one pound payment that was made randomly two years after the previous last payment and this takes the debt out of statute barring. However i didnt make this payment to anyone. I am fed up of them not offering documentation and threatening me constantly. What about the twenty eight days that have elapsed since my defence was filed, what should i do now.

[charitynjw]

Re: Court claim, Restons

However they still proceeded to make a court claim which I robustly defended on the 3rd March

What about the twenty eight days that have elapsed since my defence was filed

Were they told by the court to reply to your defence within 28 days?
If so, have they?
You can 'phone the court to check on the current status of the claim; it might be stayed.

[Codvet]

Re: Court claim, Restons

Yes that is my next move i think. If it is not stayed though, how can they take me to court without sending me documentation to prove it is my debt and isn't statute barred.

[Kati]

Re: Court claim, Restons

apparently there is a one pound payment that was made randomly two years after the previous last payment and this takes the debt out of statute barring.

could that have been a £1 payment for a cca request by any chance??

[Codvet]

Re: Court claim, Restons

Possibly but no one is giving me any information

[Diana M]

Re: Court claim, Restons

but no one is giving me any information

You need to give me some information in order to be able to answer your questions.

Who was the original creditor (before Cabot purchased it) and what was the account type such as credit card, loan, bank overdraft etc? Different financial products have different reasons/dates for assessing Statute Barred status which is not only dependant on the last payment date.

You say you've filed a Defence but what roughly did you plead? Was it only SB or did you plead other legal issues e.g. non compliance with various statutory notices?

You say you've been asking Restons for documentation so have you sent a s. 77-79 CCA Request with the £1 statutory fee and also a CPR 31.14 Request for documents mentioned in the Particulars of Claim?

People often ask why a Claimant still proceeds to court when it's obvious that they havn't got a legal leg to stand on. But the thing is once a claim has been issued only a DJ can decide whether it should result in a CCJ or be dismissed. The parties no longer slug it out in correspondence.

The Claimant has the freedom to Discontinue a claim but where's the incentive to do that unless they're at risk of paying the Defendant's legal costs. So is this claim over or under £10k?

Di

[charitynjw]

Re: Court claim, Restons

If it is not stayed though, how can they take me to court without sending me documentation to prove it is my debt and isn't statute barred.

Without further info from you (ie what the alleged debt is for, the Particulars of Claim, your defence etc) it is difficult to answer that.

Possibly but no one is giving me any information

Edit
Good afternoon, Di.
We X posts again!

[Codvet]

Re: Court claim, Restons

Without further info from you (ie what the alleged debt is for, the Particulars of Claim, your defence etc) it is difficult to answer that.



Edit
Good afternoon, Di.
We X posts again!

It was a car loan debt from ten years ago, i dont have a clue what is going on. I put in a defence based on the fact I didnt know what the debt was, no proof had been sent to me , it was statute barred anyway and they haven't complied with CCA 77/79 or CPR 31.14. They are still,corresponding with me ,threateningly and still haven't provided evidence.

- - - Updated - - -

I believe they are stalling so that when it gets to the DJ I haven't got any paperwork

[Diana M]

Re: Court claim, Restons

I believe they are stalling so that when it gets to the DJ I haven't got any paperwork

I do hope you're right because if they turn up at court without any paperwork they'll have some difficulty enforcing the debt.

The onus is on the Claimant to prove their claim.

Di

[charitynjw]

Re: Court claim, Restons

If it were me, I'd SAR the original lender for info.

[Codvet]

Re: Court claim, Restons

If it were me, I'd SAR the original lender for info.

Did that and that is how i got the record of the odd £1 payment on the account two years after the account appeared to be closed.
It turned out to be my ex wifes debt I do not remember signing anything.
howevr neither Cabot or Restons have provided any documentation at all.
incidentally, my credit is score is very good and there is no record of any of these people on it. By the way this only arrived after my defence went in.

[charitynjw]

Re: Court claim, Restons

Is the case stayed?

[Codvet]

Re: Court claim, Restons

I don't know, my defence went in on the third March, Restons sent me a letter yesterday saying they were striking out my defence and the district judge would deal with it, so Does that mean they have gone back to the court to proceed, I have received nothing offical, but it probably takes ages doesnt it.