Restons Solicitors

[Baby Mum]

[Baby Mum]

[Baby Mum]

Really sorry for many photos.
Those are the most important.
I am not posting more credit card statements or letters from Cabot.

[Amethyst]

Thank you for those - I'll have a good look through and get back to you ASAP xx

[Amethyst]

After filing your defence, up until now, have you heard anything from the claimant ? Just looking at the Witness Statement para 11 says 'been given numerous opportunities to withdraw'

They have filed a claim last year and my defense stated that they have not provided any breakdown or credit agreement of this debt. The case did not go ahead and everything went quiet.

so it wouldn't surprise me if you'd heard absolutely nothing until this application and bundle of docs appeared, but have to check with you.

The claim does look like it is around the right amount. Do the statements/transaction lists scan with what you were paying through payplan? No need to post them but just to be sure they are yours and the payments you did make have been recorded and deducted from the defaulted amount owed. Likely the amount being claimed isn't far off the original amount as all the payments made, depending how much you were paying, have probably been swallowed up by the court fee

They have provided a copy of one page of the original agreement - opened in 2002 - are the terms attached to it ? The printed out recon terms look like later ones as the default charge is £12 and that didn't happen until 2006.

Is there one or two sets of terms?

[Amethyst]

Right - tomorrow get yourself an appointment with CAB - you need to get a financial statement done which concentrates on getting straight with rent / utilities / council tax and ensures you are claiming everything you are entitled to.

The problem with payplan and stepchange is they don't really help you with that side of things - just Credit cards /loans etc - which can give you some breathing space but doesn't help in the long term unless circumstances improve.

How is your credit file atm ? Will a CCJ have a massive affect on you if you can pay in affordable instalments ? ( and can work out what an affordable offer that would be accepted by the court could be )

There are issues with their case and we should respond to their application disputing for certain that summary judgment is the right outcome but it would be useful to have a proper plan and financial statement sorted for if the court does disagree or the claimant just produces the correct terms for that 2002 agreement.

What we should do is a witness statement in response to the application and get it filed and served ASAP. Will try get something together in the next day or two once you've answered the couple of previous questions xx

[Baby Mum]

Thank you so much, Amethyst!!
I am going to check everything you mentioned and will post the reply.

[Baby Mum]

After filing your defence, up until now, have you heard anything from the claimant ? Just looking at the Witness Statement

Received claim form dated 16/05/18 (claimant MFS Portfolio - address for sending documents Restons Solicitors), submitted defence online on 04/06/18.

Defence acknowledged by court 04/06/18.

Received a pack from Restons Solicitors dated 21/11/18 - that their client has now provided them with documentation relating to the account. The purpose of the letter stated as for me to withdraw my defence. Included with letter:

-screenshot from the original creditors in-house Case Management System confirming that a Default Notice was served on you on 12/06/08.

-Notice of assignment served on you on 24/07/15 and correspondence issued on behalf of the original creditor stating the same

-statements of account between 25/06/15 to 24/06/18 showing credits and debits applied to the account 25/06/15 - 24/06/17 - Cabot - the last one has huge fees (legal bal adjustment, legal fees - total on that page 540

- historical correspondence sent to you by our client between 16/05/17 to 09/03/18.

Received a letter from Restons dated 12/12/18 saying the purpose for me to withdraw my defence before application is made to lift the stay, strike out defence and to enter judgement against me - enclosed blank admission form.

I have not replied and till now there was no contact to the best of my knowledge.

[Baby Mum]

Re: the statements/ transactions list - looks okay but its too many statements, impossible to check each entry

[Amethyst]

So this latest bundle is the first copy of the agreement you've received ?

if there is only the one set of terms with it ( the ones you posted up ) then it is not compliant as those terms are not from 2002 ( they look like 2008 terms )

[Baby Mum]

They have provided a copy of one page of the original agreement - opened in 2002 - are the terms attached to it ? The printed out recon terms look like later ones as the default charge is 12 and that didn't happen until 2006.

Is there one or two sets of terms?

The pack they sent contains:

-Application notice

-Witness statement

-Credit agreement from 2002 that I filled (its very blurry)

-Credit card agreement printed (regulated by consumer credit act 1974) with key info and conditions

-credit card statements - I noted lots of late fees

- printout of account balances

-Cabot statements

- Prinout from the computer of default notice details - just card number, date 12/06/08 and balance

- Copy of Restons letter to me dated 19/06/18 - that I have filed a defence and I should check my records as the documentation I requested has previously been provided to me throughout a lifetime of my account. And that they do not believe my defence has any real prospect of success. Alternatively, their client is prepared to consider settlement proposals.

-Copy of Restons letter dated 21/11/18- giving me opportunity to withdraw my defence

-Copy of Restons letter dated 12/12/18 - giving me opportunity to withdraw defence and their client is prepared to consider proposals

-fees they are claiming

[Baby Mum]

So there is only one set of terms - the printed one with mention of 12 charges

[Baby Mum]

How is your credit file atm ? Will a CCJ have a massive affect on you if you can pay in affordable instalments ? ( and can work out what an affordable offer that would be accepted by the court could be )

I dont take any more credit.

Affordable amounts will be very small and I will have to do a lot of overtime. Not sure how much overtime I can manage as one of the children has a serious health condition.

Also very difficult to state my exact income as it varies from week to week - depending on my hours and available shifts ( nursing).

[Baby Mum]

]I work through agency, sometimes there are no shifts.

Sometimes I am sick and dont get sick pay (had 3 surgeries this year) and need to do another one.

[Baby Mum]

What we should do is a witness statement in response to the application and get it filed and served ASAP. Will try get something together in the next day or two once you've answered the couple of previous questions xx

THANK YOU SO MUCH, AMETHYST xxxxxx
I am immensely grateful.