Court claim, Restons

[Diana M]

Re: Court claim, Restons

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.

I expect Restons letter didn't actually say they were striking out your Defence because they have no power to do that, only a DJ can strike out a claim.

That letter was sent to spook you and it seems to have worked. You're being bullied. Take no notice of it for now.

Call the court to see if the claim has been stayed.

Di

[Codvet]

Re: Court claim, Restons

I drive for a living so cant hang on a phone ,but I will ring when I get the chance, thanks.
The letter I received last week did actually say they would strike out my defence. This week they said they are instructed by their client to strike out my defence and also more or less ordered me to withdraw my defence should this paperwork turn up.
also who actually polices these dreadful people, as I have talked to numerous bodies and no one seems to offer any useful advice. I even complained to the SRA and they said there was no evidence that Restons were doing anything wrong.

[warwick65]

Re: Court claim, Restons

Hi Codvet

This seems to be a recurring letter that Restons send out , particularly on stayed claims in the hope the person will panic and roll over.

If the claim is stayed they need to pay to lift the stay but of course if you say yes I will pay that saves them a whole lot of time and money as well as actually having to prove anything.

As Diana M says, Restons can not strike out your defence only a court can

I know you said the defence went in 3rd March, what was the final day for it to go in because after 28 days ( i think) it automatically becomes stayed. Maybe try giving the court a call today or tuesday to see what is happening.

Have you had a DQ?

If you filed online you can check your account and it will say if the court has received the claimants DQ

[Codvet]

Re: Court claim, Restons

No I havent received a DQ. The last day for defence was fourth March.

[Diana M]

Re: Court claim, Restons

What is a DQ

It stands for Directions Questionnaire which is a form sent by the court which ask you various questions so that they can then issue Directions (a list of things to do and when to do them by).

This only happens if the Claimant informs the court that they intend to continue with the proceedings within 28 days of receiving your Defence.

Di

[warwick65]

Re: Court claim, Restons

Hi Codvet

It seems that your claim may well be stayed although post and all that doesn't mean it is.

If you did submit online go and have a look

On my claim it says
DQ sent to defendent xxxxxx
DQ received from claimant xxxxxx

It seems it may be Restons messing you around