Restons and court judgement?

[Mummyto2]

Restons took a 14 year old debt to the county court a month ago, I sent in my defence and the court said restons had until last Saturday to give the evidence I asked for but I haven't heard anything from either. What should I do wait until someone contacts me or contact them?

[jaguarsuk]

Re: Restons and court judgement?

Hi

The courts are often behind with their paperwork, so you might not hear anything for a couple of weeks.

I assume you defended as statute barred?

[Amethyst]

Re: Restons and court judgement?

the court said restons had until last Saturday to give the evidence I asked for

Was this by way of an order with a sanction attached ( eg. Claimant must file and serve x, y and z by 4pm 16th Sept 2017 else their claim shall stand struck out )

or just the 28 day period for the claimant to respond to your defence?

[Mummyto2]

Re: Restons and court judgement?

Was this by way of an order with a sanction attached ( eg. Claimant must file and serve x, y and z by 4pm 16th Sept 2017 else their claim shall stand struck out )

or just the 28 day period for the claimant to respond to your defence?

just the 28 days to reply to my defence

[Amethyst]

Re: Restons and court judgement?

Ah shame. In that case if they don't respond to the court then it is likely to get stayed, and as jaguarsuk said they may have a backlog so give it a couple weeks, contact court and ask current status of the claim, then you can consider applying to strike the claim out based on the lack of evidence/documents. ( also means no they haven't been ordered to provide documents - the court won't actually have read the claim or defence as yet )

[warwick65]

Re: Restons and court judgement?

When you say a 14 year old debt do you mean one that has not been paid or acknowledged for 14 years or something like a credit card that was opened 14 years ago.

It is all well and good us suggesting what may happen next but that will depend on the exact stage you are at.

You received a claim, acknowledged and lodged a defence . Is this the stage you are at with the court saying the claimants have 28 days to respond or is it further along

It seems you are at the 28 days to respond stage in which case if they do not the claim will be stayed

If you did it online you can check the progress by logging onto MCOL

[Mummyto2]

Re: Restons and court judgement?

When you say a 14 year old debt do you mean one that has not been paid or acknowledged for 14 years or something like a credit card that was opened 14 years ago.

It is all well and good us suggesting what may happen next but that will depend on the exact stage you are at.

You received a claim, acknowledged and lodged a defence . Is this the stage you are at with the court saying the claimants have 28 days to respond or is it further along

It seems you are at the 28 days to respond stage in which case if they do not the claim will be stayed

If you did it online you can check the progress by logging onto MCOL

Hi it was a debt that was apparently taken out 14 years ago but I don't have any acknowledgement of this debt, therefore I asked for my signature and proof it is actually mine.

I received a letter from the court after sending my defence in saying they had 28 days to reply but I've heard nothing the letter was dated 15th Aug

[warwick65]

Re: Restons and court judgement?

Sounds like it may well be stayed then.

If , after a reasonable time you can request a strike out but it would be better to write asking them to discontinue first ( in a few months) Not easy i know.

Is it a big debt ( I ask because they are more likely to follow through with larger debts even when defended)

Depending on what your defence was I would expect Restons to try and threaten you with an application to strike your defence out but that can be dealt with if and when

[Mummyto2]

Re: Restons and court judgement?

Sounds like it may well be stayed then.

If , after a reasonable time you can request a strike out but it would be better to write asking them to discontinue first ( in a few months) Not easy i know.

Is it a big debt ( I ask because they are more likely to follow through with larger debts even when defended)

Depending on what your defence was I would expect Restons to try and threaten you with an application to strike your defence out but that can be dealt with if and when

the debt is £879