Restons court case help

[Futureisnow]

Hi Everyone

Just looking for some help on a court case involving restons solicitors...

Basic backround is:

- Rececvied letters from Restons late last year regarding a client which claimed I owed them £10K+

- After many letters requesting proof, the claimant claimed no documents existed as it related to an over draft account

- Court claim filed with the NBCC

- CPR31.14 request letter ignored, still claiming no documents existed

-Defendant filed a defence on the basis that no documents existed, and the claimant should produce the documents

-Claimant failed to respond in time to produce documents, court case became stayed

- Recently, claimant has forwarded what they claim to be a credit agreement and state it is a loan and stating unless I accept liabilty in 7 days they will apply for a summary judgement against me

So.....I was ok with handling this until it became less straight forward. I am a bit confused to what the next step should be and my questions are:

Are they allowed to seek a summary judgement even though their claim has changed i.e claiming it was a overdraft and not a loan?

Do i need to contact the courts and change my defense on the basis the claimant seems to have changed their claim?

[warwick65]

Re: Restons court case help

Personally I would contact a solicitor. Claims over 10k maybe allocated to the fast track with costs implications. You may also get a no win no fee.

If it was a loan get a cca request off ASAP
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION]

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[MENTION=49370]Kati[/MENTION] can this be moved

[Futureisnow]

Re: Restons court case help

Personally I would contact a solicitor. Claims over 10k maybe allocated to the fast track with costs implications. You may also get a no win no fee.

If it was a loan get a cca request off ASAP
@Diana M @Amethyst @pt2537

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@Kati can this be moved

Thanks for the reply.

can you recommend a solicitors?

What is is the purpose of a cca request?

thanks

[Diana M]

Re: Restons court case help

claimant has forwarded what they claim to be a credit agreement and state it is a loan and stating unless I accept liabilty in 7 days they will apply for a summary judgement against me

. . . Are they allowed to seek a summary judgement even though their claim has changed i.e claiming it was a overdraft and not a loan?

Do i need to contact the courts and change my defense on the basis the claimant seems to have changed their claim?

No claim is straightforward particularly a claim where the disputed sum is over £10k.

Yes the Claimant is allowed to seek a Summary Judgment to strike out your Defence, but whether they'll win is another matter.

The Defendant is also allowed to seek a Summary Judgment to strike out the Claimant's claim but I'm not suggesting that's appropriate in your case (from what you've said so far it probably isn't) but I am saying that just because either party make an application for a SJ that doesn't mean they'll win - that's up to the court decide.

However I will say that Restons tend to carry out their threats and they also tend to ask the court to deal with the Application ex parte (without your involvement) so you need to take that threat seriously.

I can't answer your second question without knowing the exact wording of the Particulars of Claim. Does it actually say the debt was an overdraft or does it say that it was a "contract" between you and the original creditor (who was that?).

Could the debt claimed have been a combination of the two? For example HSBC sometimes (mostly) amalgamate any negative balances before giving them a new reference number at the assignment stage. Did you have a loan, credit card and/or a current account with the original creditor. (I'm assuming this has been assigned to a debt purchaser but you need to clarify that for me).

Who is the Claimant and who was the original creditor?

Finally I can't comment on your need to amend your Defence (or not) until I know a bit more.

Di

[warwick65]

Re: Restons court case help

Thanks for the reply.

can you recommend a solicitors?

What is is the purpose of a cca request?

thanks

Hi
Forum rules do not allow me to recommend anyone

A CCA request makes the claimant produce the credit agreement and associated terms and conditions both at the start and at default as well as a statement saying how much is owed on the account

Diana M has given you some great advice but because she represents solicitors is unable to give opinion especially when she hasn't seen the relevant paperwork.

[Diana M]

Re: Restons court case help

A CCA request makes the claimant produce the credit agreement and associated terms and conditions both at the start and at default as well as a statement saying how much is owed on the account

I'll add to that until or unless the debt owner (i.e. the Claimant if the assignment is 'good') complies with a s 77-79 CCA Request they cannot enforce the debt in court.

@Futureisnow do you recognise the debt on the scant information provided by them? Was it a loan? If so then s.77 CCA would apply.

Di

[Diana M]

Re: Restons court case help

Diana M has given you some great advice but because she represents solicitors is unable to give opinion especially when she hasn't seen the relevant paperwork.

I'm only unable to give my legal opinion on an internet forum.

However I am able to give my legal opinion in real life

Di