Restons Solicitors

[Baby Mum]

[Baby Mum]

[Baby Mum]

[Baby Mum]

I am really sorry, don't know how to fix photos

[Baby Mum]

Also sent to email

[Baby Mum]

The notice to assignment to MFS Portfolios Limited enclosed is a very strange document.
I called Cabot just now and spent 52 minutes on the phone with them. I will write what was said during the phone call as I was making notes but one of the questions I have asked is if they have assigned this debt/ account to MFS Portfolios and they said No.

[Baby Mum]

Something very strange is happening with this case. All pieces of information Cabot told me are contradicting each other.
Here is what happened during my phone call to Cabot.

When I first called and gave my details, I was told that the account is managed by Restons and I should contact them. I then said that I am calling because I made a request under CCA 1974 and Cabot replied to me that they are not permitted at present to obtain a CCJ against me but Restons/MMF have already gone to court. I was put on long hold.

After the lady said that she can see that a complaint was logged previously. I asked her who made a complaint. She replied that she can see that an investigation is ongoing. She told me that I made a request and they had correspondence from the original lender that ‘historics were not available'. It came through on the 29th of November. Then I was put on hold again.

Then she said that it went under my complaint because I requested my credit agreement. Then she said she was going to contact one more department - finding out if this account can be returned back from Restons to Cabot. I said - But they have already applied to court in 2018 and then now applied to Lift the Stay. I was put on hold again.

She came back and said she spoke to relevant department and that they are placing my account on hold for 30 days. And that an investigation is ongoing and meanwhile they will be trying to recall the account to Cabot.

I have replied that I already have the court date in January- when she asked the date, I told her. And that I need to send WS and documents to court as I am denying the claim. I have also asked what does MFS Portfolios have to do with Restons Solicitors and she has replied that she did not know who MFS Portfolios were.

I have then underlined again that Cabot is saying they can not obtain a CCJ against me at present but MFS Portfolio/Restons have already tried to do so in 2018 and doing it now. I said that this means they are acting unlawfully.

I have told her that on the Claim form the claimant is MFS Portfolio and the address for correspondence is Restons Solicitors. I was then put on hold again.

She came back and said she was getting a second opinion. She said she was not too sure why the letter from Cabot has gone out to me and that the letter should have not gone out to me. And that it looked like there was an error.

I questioned her why was it an error, and she couldn't answer.
I asked if the letter was an error, that means they do have my credit agreement and they have to send it to me then. She said that they wouldn't be able to go to court as we need certain documents. Then contradicted herself from earlier saying that they have got Terms and Conditions from 2018.

I have informed her that everything she told me today have been contradicting. Then she replied that they will investigate everything with senior management and she will give me a call back tomorrow.

I then asked if Cabot has ever assigned this account to MFS Portfolio and she replied ‘No', not that she can see from what she has.

[Baby Mum]

I have a feeling that so many documents enclosed with the WS are simply questionable.

[Baby Mum]

Sorry for any typos/ grammatical errors as I was typing quickly

[MIKE770]

@PT2537

[pt2537]

Ok well firstly as far as im concerned this case is winnable, very much so, but being winnable isnt enough, ive seen winnable cases lost because of procedural errors, cockups etc, so with that in mind this is how i would deal with this matter

Firstly, if Restons have given you all the key documents you need then at this point you can amend your defence to plead all the key issues, so i would prepare in draft an amended defence and have a copy ready for the hearing of the application

second, i would prepare a witness statement opposing summary judgment, first you will need to deal with the test for summary judgment under CPR 234, and then set out why the Claimant doesnt meet this test. you will need to set out clearly the defects within the pleadings, making reference to the Prudential case and to Goode CCLAP which states

Pleading facts essential to the cause of action
[46.48]
The creditor should be careful to ensure that in his particulars of claim he pleads all the facts necessary to establish the cause of action relied on. If he fails to do this, the action is liable either to be struck out before trial or to be dismissed at the trial as disclosing no cause of action. The creditor should plead that any necessary default or other notice was served and not complied with and should also plead the date and mode of termination of the agreement.

Id also point out the important of a default notice per Doyle v PRA Group, and that the Claimants pleaded case is decficient, thus they can hardly criticise a litigant putting forward a defence that is limited in these circumstances.

Id then play the point in my statement that since the claimant disclosed documents more issues have arisen and therefore rather than giving the Claimant judgment the correct order should be

1) Application dismissed
2) Defendant do have leave to file and serve an amended Defence
3) The Claimant shall pay the costs of the application and the amendments.

Thats how i would go about matters. Sadly i have no time now to point out anything else my work load is crazy and im about to shut down for christmas

[Amethyst]

There's nothing terrible in those docs babymum -

The recon terms are not the 2002 original terms ( £12 default charges for example ) - only seems to be the one set of terms so those will be the varied terms from the end of agreement ( 2008)

There is no notice of assignment to MFS at all.

The lettets from cabot mention MFS as account owner but they are not notices of assignment

ie.

[Baby Mum]

Thank you so much, Amethyst and PT2537.
But they put 2 pages in claiming that this is notice of assignment.

[Baby Mum]

[Amethyst]

Ahhh ok , which letter were they attached to ?