Restons Solicitors

[Baby Mum]

It was among those I posted last.
Not sure if it can be a notice of assignment as it doesn't have any account details or my name.
They make it look like it was attached to Cabot letter.
So, do I write my WS as per same draft?
Where do I add anything else mentioned by PT2537, please?
I am so stressed up, changing jobs as well, having a relationship breakdown due to partner's violence and one of my children has a kidney failure. I am extremely grateful for all you help.

[Baby Mum]

It was a photocopy following Cabot letter

[Baby Mum]

[Baby Mum]

The page of assignment notice' was numbered next after these pages

[Amethyst]

[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]​
[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]​ Ok so basically BOS assigned it to Cabot in March and
Cabot assigned it to MFS in June, and they informed you in July ?
Theres no mention in the letter attached to that document of assignment to MFS
and I assume you didn't keep the original to evidence that document wasn't included - you'd expect mention of an attachment or of assignment to MFS wouldn't you.
[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG]​

[Amethyst]

You've still never had anything from MFS - you dispute you ever received that notice of assignment and the attached letter bears out that it wasn't originally attached.

pt2537 - am sure youve dealt with a MFS claim before - does this kind of thing stand up in court as evidence of assignment ?

[pt2537]

You've still never had anything from MFS - you dispute you ever received that notice of assignment and the attached letter bears out that it wasn't originally attached.

pt2537 - am sure youve dealt with a MFS claim before - does this kind of thing stand up in court as evidence of assignment ?

I think you need to fight the fight where you can win , on the assignment point the Court will most likely find the notice was effective because the Claim form itself acts as notice of the assignment, not saying thats right but most courts seem intent on letting these arguments fail unless you have a really good strong point.

[Baby Mum]

I can try looking through the old post I have.
It would be great to find that same Cabot letter.

[pt2537]

You've still never had anything from MFS - you dispute you ever received that notice of assignment and the attached letter bears out that it wasn't originally attached.

pt2537 - am sure youve dealt with a MFS claim before - does this kind of thing stand up in court as evidence of assignment ?

To answer the question, yes i have dealt with a fair few MFS jobbies, but the courts position has shifted considerably since then in favour of the DCAs oon this point

[Baby Mum]

Just an update- while I was looking for the old letters, the lady from Cabot called me as promised yesterday.
I also spoke to one of their managers.
They have instructed Restons to withdraw the court claim, so there will be no hearing scheduled.
They have admitted that they only have Terms and conditions from 2008 but they don't have the ones from 2002 and without it they legally can not make a claim against me.
Restons are going to contact me one more time to try and resolve the matter. If it's not successful, the account is returning to Cabot who will try to agree anything with me.

[Amethyst]

Still prep witness statement against the application and defence amendment to state non compliance with the CCA request ( as that wasn't in play until recently ) - if they don't withdraw app and discontinue claim before beginning of Jan they will need to be filed and served. Basically, treat the claim as ongoing until/unless you have a formal notice of discontinuance in your hand. Restons might advise Cabot to continue on the basis that your defence doesn't mention the CCA and is a bare denial.... so they might consider it a worthwhile risk that you'll just let them get the stay lifted and summary judgment.

[Baby Mum]

Ok, will do as you say, Amethyst.
Thanks so much.
I will post an update as soon as something happens. xx

[Baby Mum]

[Baby Mum]

Hi, guts, I am back. I have received the formal notification from Restons that the Hearing will no longer take place. So I have not submitted my WS. I decided to call court today to confirm and was informed that they have received the request for withdrawal/ to vacate the Hearing but the Hearing has not been cancelled as yet as they can see. They advised to email the Court ASAP asking for clarification. I don’t know what is going on. I was waiting all this time not submitting WS because I had it in writing that the Hearing will no longer take place. I think yesterday was the last day to submit WS. So where do I stand, please.

[Baby Mum]

I need your help, please