Another Reston's thread

[warwick65]

Re: Another Reston's thread

Hi

Three things to do
1) send a CCA request to whoever the claimants are ( they will be listed on the claim form CCA Request
2) Send a CPR 31,14 request to Restons asking for a copy of the agreement and details of the assignment ( notice and deed of assignment)


Did you send a SAR to Newday , if not that needs doing as well

[MIKE770]

Re: Another Reston's thread

CPR 31.14 Request

[fidelandche]

Re: Another Reston's thread

OK, about to send off the letters, but going through the template for the CPR 31.14 request, it looks like according to the claim form I can only ask for the assignment as that's the only documents mentioned in the claim form, is this correct?

Also in the CPR template, there is a space for a date for filling my defence, just not sure what date to put in, can anyone help with that please.

[charitynjw]

Re: Another Reston's thread

OK, about to send off the letters, but going through the template for the CPR 31.14 request, it looks like according to the claim form I can only ask for the assignment as that's the only documents mentioned in the claim form, is this correct?
It mentions the contract as well, & contracts usually contain Terms & Conditions.

Also in the CPR template, there is a space for a date for filling my defence, just not sure what date to put in, can anyone help with that please.

claim form from Northampton county court dated 8th June

11th July.

[fidelandche]

Re: Another Reston's thread

Thanks for that

[fidelandche]

Re: Another Reston's thread

Ok, the letters have been sent, what is my next step?

[charitynjw]

Re: Another Reston's thread

If it were me I'd be checking historic bank records, especially if the alleged debt is, or is close to, statute barred.
(You've blanked the dates on the PoC, so it's difficult to tell.)

[fidelandche]

Re: Another Reston's thread

The alleged debt is not near being statue barred, I guess I'm looking for when I started to pay and when I stopped paying?

[fidelandche]

Re: Another Reston's thread

Had a look today on Royal Mail to check if they (NewDay) had got the letters that I had sent (Restons have got theirs) but as of yet, Royal Mail is still saying that it is waiting to be delivered, the letters were sent on the 15th June by first class signed for. I am guessing that either Royal Mail has lost the letters or NewDay have refused to sign, if that is the case I am guessing that the letters will be returned to me and if this is the case, I am guessing that this will be used in my defence?

Talking about my defence, when should I start it? and is there a template I can use as not really sure of what to put in the defence.

[warwick65]

Re: Another Reston's thread

Hi
I had this with a letter to Lowell- according to Royal Mail it said it was out for delivery but when I questioned it they produced a signature

[fidelandche]

Re: Another Reston's thread

Hi warwick65,

Did you email or ring Royal Mail?

[charitynjw]

Re: Another Reston's thread

I am guessing that either Royal Mail has lost the letters or NewDay have refused to sign, if that is the case I am guessing that the letters will be returned to me and if this is the case, I am guessing that this will be used in my defence?

If a 'SignedFor' letter is returned unsigned, this could be used as proof that it was not served on the intended recipient.
& if so, this could overcome the usual 'proof of postage is proof of receipt' rule.

[fidelandche]

Re: Another Reston's thread

So best to chase Royal mail then? Is it nest to ring or email?

[charitynjw]

Re: Another Reston's thread

If it is the SAR, it's cost £10 (fee) + postage.
If it were me I'd want to know where it is.
Royal Mail should be able to tell you, & they can also check to see if the postal order has been cashed.
I believe that you need to get the appropriate form from the Post Office, & you will need the receipt.

[MIKE770]

Re: Another Reston's thread

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