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Restons Solicitors

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  • #46
    Ok - did you send the cca request at all ?Â*

    The IE sheet will have more weight if you've had CABs input and help with it - the amounts will be right and other debts put in a pro rata Â*basis so any offer is actually affordable and representative of your situation overall.Â*



    Â*
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #47
      Morning, Amethyst.
      So glad you are back.
      Yes, I did send the CCA request to them.
      Now have to go to CAB. But the only problem I have is how to accurately do the IE calculations is my income is different every time, depending on how many shifts I work. The difference between my salaries can be huge - sometimes I might do one shift per week and sometimes six.

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      • #48
        How do I do the IE form if my salaries are different all the time, please?

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        • #49
          Hi, I have received a court date in January and documents from Restons. Also a letter from Cabot with regards to my request.

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          • #50

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            • #51

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              • #52
                I think I have to write an amended defense. Please, help.

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                • #53
                  Amethyst*, please*

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                  • #54
                    Hi there

                    Theyve applied for summary judgment by the seems of it, you will need ot make sure you file a witness statement opposing summary judgment, without any evidence you will be unable to defend the application.

                    If you are seeking to amend your defence then you will need to apply to the Court for permission too as you cannot amend without the Courts permission
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

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                    • #55
                      Sorry for missing your post - Indeed as PT says yes you would need to file a WS in response to the application ( 7 days before hearing ) stating why summary judgment isn't appropriate and why your defence should continue ( and amended if needed)
                      They haven't sent the full agreement yet ? Nothing with their application ? Only the letter saying they don't have it ?
                      They've only supplied a fuzzy copy of the front of the application so far haven't they? ( this one*https://legalbeagles.info/forums/fil...hotoid=1496227 )*

                      Strange to send a letter saying they don't have it when they reckon they have already provided it... they probably realise the copy they sent wouldn't be enough for the CCA compliance.
                      Click image for larger version  Name:	7B3185AA-4325-4B8B-AD02-4935F5FC7B74.jpeg Views:	1 Size:	43.8 KB ID:	1501749

                      First though did you manage to get into CAB to go through your IE sheets with the view of making an instalment offer ?so you know where you stand if it's needed.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

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                      • #56
                        Dear PT2537 and Amethyst,
                        Thanks so much.

                        How do I write the WS?
                        Also, yes, I did find it strange that they said they don't have the agreement.

                        I didn't get to CAB as yet as was working but will do it ASAP.

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                        • #57
                          Witness Statements

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                          • #58
                            Indeed, those are good examples of Witness Statements to give you an idea.

                            Now you have your CCA request in place and not complied with you can apply to amend your defence at the same time as defending the summary judgment application. I'll have a look through a bit later (I'm stuck trying to sort out a site issue this morning ) xxx

                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #59
                              Getting there now things are a bit quieter ... I haven't forgotten you xx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #60
                                In all of the correspondence , other than the claim form and a couple mentions in the witness statement, is there any letter FROM MFS Portfolio Ltd.

                                I can't find the particulars of claim - I'm sure you did post them on the thread but with the major forum glitches I've been trying to sort out, they may have removed themselves - any chance you can post them again.


                                Your defence that you do not recognise any money owed to the claimant is ok for now as all the paperwork provided refers only to various forms of Cabot. That's why I'm checking about the MFS side.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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