Another Reston's thread

[warwick65]

Re: Another Reston's thread

I believe if you have a receipt there is a way through the post office
[MENTION=5553]charitynjw[/MENTION] may know more

[charitynjw]

Re: Another Reston's thread

Apparently you can get the appropriate form from the Post Office & they can then check to see whether the postal order has been cashed.
I've never actually done so myself.

[fidelandche]

Re: Another Reston's thread

Could someone please check my defence before I submit it on the 11th please.

1: I received the claim xxxxx from the Northampton County Court on 10th June 2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was exactly entered into.

6. The Claimants statement of case states that the account was assigned from xxxxx Ltd to xxxx x Limited on xx xxxxx 2016. The Defendant does not recall receiving notice of this assignment.

7. It is denied that xxxxx served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the xxx June 2017 sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to xxxxx Solicitors. I requested the Claimant provide copies of the Agreement and Default Notice and terms and conditions.

9. xxxxx Solicitors has not sent any of these documents to me.

10. On the xxth June 2017 I sent a formal request for a copy of the original agreement to xxx xxxx Limited pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[warwick65]

Re: Another Reston's thread

Hi
If it is a credit card then it is S78(1) and S78(6) not S77

There is some invisible text between paras 3 and 4 - remove it although I would add in (if true)
It is admitted the defendant has in the past had dealings with Aqua

or if not true change it to denied

After para 6 I would put a new paragraph something like
It is denied the claimant has a right to bring any claim and is put to strict proof there is a right by producing the original signed deed of assignment

[fidelandche]

Re: Another Reston's thread

OK, so I have submitted my defense on the 11th. Up till then NewDay had not responded to my request to the SAR or for details about my account. Today I go a letter from Aqua who have started that the account is no longer serviced by them and had been passed to CapQuest, however Aqua have not given me anything in terms of my account details or responded to the SAR and CapQuest are not the company who Restons are acting for, they are acting for Arrow Global instead, so what do I do now?

[charitynjw]

Re: Another Reston's thread

If it were me I'd write back to the sender (ref the original SAR) asking that they send all data held or alternatively state that they no longer hold any such data in any format.
Keep a copy & get proof of posting.
Btw, what happened to the tenner?

[fidelandche]

Re: Another Reston's thread

Royal mail refunded me as it appears it got lost? But as Aqua have responded, it appears that they got the letters. Thanks for the advice, I will send that off tomorrow.

[warwick65]

Re: Another Reston's thread

Just to cross the t's and dot the i's

Did you send the SAR fee of £10 to NewDay/Aqua ?

Did you use one of the SAR templates from the forum ?

It is not unusual for creditors to get it wrong- my SAR to cap One only got some of the details and then later got details of a whole new account as well !

[fidelandche]

Re: Another Reston's thread

Hi, I sent the SAR to NewDay and I used a template from the forum.

[charitynjw]

Re: Another Reston's thread

Ok

If the SAR was the only recent communication to Newday (Aqua), then it follows that they must have written to you in response to a SAR.
That being the case, attach a copy of the original SAR, tell them that the 40 day clock is ticking from their receipt of same, & that if they require another £10 fee, to let you know by return post. & that the fee payment should not affect the deadline target per the original SAR.

[fidelandche]

Re: Another Reston's thread

Ok, so Aqua have responded to my letter and stated that the SAR is invalid as there is no signature, even though the original was signed. So I am guessing that I need to send another copy signed to them again?

Just had another look through the letter I got from Aqua today (dated 11th July) the letter states that the request under SAR is invalid as there is no signature, however they first responded to my original letter (15th June) on the 10th July stating that they no longer were dealing with my account, I responded to that letter on the 14th July. The new letter is dated 11th July and they are saying they are responding to my letter received on the 7th July. So the information I am getting from them appears rather confusing, so not really sure on what to do with this.

[warwick65]

Re: Another Reston's thread

I would write again to them and remind them that your original request was dated 15th June which is when the 40 days will start and if you do not get a response within the time scale you will be escalating a complaint to the ICO

[fidelandche]

Re: Another Reston's thread

Hi,
Thought that was the case, have sent a letter saying that.

[fidelandche]

Re: Another Reston's thread

Ok, Aqua have responded to my SAR request today ( only 18 days late) So what do I need to do with the information they sent?

I am still waiting for Restons to respond to my defense.

[Amethyst]

Re: Another Reston's thread

You've not had anything back from the claimant's as yet to compare the documents to but you could have a look for default notices, notice of assignment, agreements etc which might give you a clue whether the claimants will be able to provide those documents and whether, when/if they do, they are likely to be complaint.

It's been about 30 days since filing your defence I think - so give it another week and then give the court a call and check what's happening - if they haven't responded by that point the claim is likely to be stayed and you could start looking at an application to strike /summary judgment against them.