Daigoro VS Reston Solicitors

[warwick65]

Re: Daigoro VS Reston Solicitors

Hi

So you have received a claim

What is the date on the claim form?

You need to acknowledge the claim (this can be done online) within 19 days of the date on the claim form.

You would then have another 14 days to get your defence in.

Did you ever sent a formal S78 request to Arrow? If not that needs doing asap

Is it possible to type out the particulars of claim so a bit more advice can be given- do not include amounts or numbers

This is a claim for between 6 and 7K is that right?
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] might both be able to offer more help

[Daigoro]

Re: Daigoro VS Reston Solicitors

Yes between 6 & 7K, date is 1st June, no haven't sent S78 will do this straight away.

Will post up more info on claim ASAP, thank you for the speedy response!

What format would the defence take?

[MIKE770]

Re: Daigoro VS Reston Solicitors

Defence Example for later use amended as and when

[warwick65]

Re: Daigoro VS Reston Solicitors

Hi
As the date is 1st June you have a bit of time

Acknowledge online by 4pm 20th June and defence due 4th July ( by my calculations)

You will also need to send the CPR31.14 request asking for documents mentioned in the particulars of claim

[MIKE770]

Re: Daigoro VS Reston Solicitors

CPR 31.14 Request

[Daigoro]

Re: Daigoro VS Reston Solicitors

Thanks guys,

Reference Diana Ms comments about 'without prejudice' and the wording of my letter, can anybody confirm from my copy of the mail I sent (several posts above ) if I have indeed shot myself in the foot with the wording?

[warwick65]

Re: Daigoro VS Reston Solicitors

Thanks guys,

Reference Diana Ms comments about 'without prejudice' and the wording of my letter, can anybody confirm from my copy of the mail I sent (several posts above ) if I have indeed shot myself in the foot with the wording?

I am not a lawyer so its just a feeling

On the face of it you should be ok however if i were a Judge I would be asking why you were prepared to pay to get rid if you do not acknowledge it. I am sure you could make a very good argument as to why you did that

Please don't get me wrong , I have sent similar letters ( although not making an offer) in the past so I understand why you did it

Regardless of you maybe admitting the debt, if there are statutory reasons why they can not enforce e.g S78(6) as long as you push that argument a judge shouldn't have a choice

[Daigoro]

Re: Daigoro VS Reston Solicitors

Hi all, & thanks Warwick65 & Mike770,

so, to my own cost I didn't get the S78 sent in time to use any response that I may get. I am due to submit my defence imminently (on the 4th would be 28 days plus 5, does this then meany before the 4th or close of play 4th?!!).

As requested above, the particulars of the claim received:

"The claimant claims the payment of the overdue balance due from the Defendant under a contract between the Defendat and HSBC dated on or about Sep 21 2004 and assigned to the Claimant on Mar 28 2014."

In lieu of hving an S78 response in hand, I have ot construct my defence pronto.

My defence, I am basing around 4 aspects:

1) I have never been supplied, and nor has the existence of being confirmed or denied, a true signed copy of a valid agreement (ie under S78).

2) Whilst the account was in dispute (no copy of agreement provided) HSBC continued to add interest unlawfully, increasing the debt by approximately £1000

3) Subsequently as the request was (in my opinion..) never satisfied, it was therefore unlawful for HSBC to pass the account on to a DCA.

4) I have attempted to liaise with Restons Solicitors and even made an offer of settlement, however they have failed to respond to anything I wrote, on the basis my letters were not signed. I understand that they have a duty to attempt to resolve the matter before putting this into court, which they clearly havent done. They waited 4 weeks from their letter claiming they need my signature on my communications (with no response from me, was on holiday the 3rd and 4th week planning to write back on my return) then started a claim.

I suppose what I really need help with is, how exactly does the above translate into points of defence for my defence form?

Finally, on the basis of point 4 above, is there an alternative action I can be taking to get this action stopped and force Restons to go back to negotiating? The letter I sent them is pasted in several posts above, and they have failed to respond to a single point, merely pointing out that they refuse to acknowledge my writing without a signature.

All feedback and help appreciated, it looks like I have to enter my defence (online) within 24 hours!

Thank you all, Daigoro : )

[Daigoro]

Re: Daigoro VS Reston Solicitors

I have only just figured the significance of the 31.14 request and this is now a little late. Would I be likely to convince the court to allow more time to submit a defence? In fairness the claim form from them had been sat in the hallway for a week while I was on holiday so I have lost a week (have to admit its my not paying attention and getting the thing issued ASAP like you guys advised me )

[warwick65]

Re: Daigoro VS Reston Solicitors

I will need to answer more tomorrow but point to 3 has no merit and point to 4 could be seen as an admission.

What date is the defence due?

[warwick65]

Re: Daigoro VS Reston Solicitors

[MENTION=5553]charitynjw[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Daigoro VS Reston Solicitors

I suppose what I really need help with is, how exactly does the above translate into points of defence for my defence form?

I've just replied to your email

Can you reply to mine as quicky as possible.

Di