Carbot/Restons

[Gruffolo]

I received a Notice of Claim in August 2022; filled my defense etc then nothing until an email from Restons yesterday notifying me that a letter will be sent along with a copy of a N224, witness statement and supporting evidence. They are seeking for the Stay to be lifted and a judgement be made in their favour. Due to the file limit I am unable to upload the document as its over 9 MB. Restons have attempted to write to me in the 1 year period but letters sent to my previous address stating they were using the address of mine loged with the court. Strange this as the Notice papers found me okay at my current address and Cabot have written to my current address.

From the above do you think there is an abuse of process taken place. And what are my next moves?

Thanks,

[echat11]

I received a Notice of Claim in August 2022; filled my defense etc then nothing until an email from Restons yesterday notifying me that a letter will be sent along with a copy of a N224, witness statement and supporting evidence. They are seeking for the Stay to be lifted and a judgement be made in their favour. Due to the file limit I am unable to upload the document as its over 9 MB. Restons have attempted to write to me in the 1 year period but letters sent to my previous address stating they were using the address of mine loged with the court. Strange this as the Notice papers found me okay at my current address and Cabot have written to my current address.

From the above do you think there is an abuse of process taken place. And what are my next moves?

Thanks,

a) 'I am unable to upload the document as its over 9 MB'.

Send several emails, link them altogether.Like Part 1 of 2, Part 2 of 2 etc.

b) From the above do you think there is an abuse of process taken place.

Send Reston's a Subject Access Request. You will get copies of those letters as evidence. You can put this in your Witness Statement and have evidence to back it up.

[Gruffolo]

Hi Echat11

Thank you for your reply. Restons emailed, attached was one document which contains all the letters and communication, their evidence etc. The file size of their attachment is over 9mb. I'm unable to split it. I would like to share on here but it's too big!!

Thanks

[cowboy541]

Hi Echat11

Thank you for your reply. Restons emailed, attached was one document which contains all the letters and communication, their evidence etc. The file size of their attachment is over 9mb. I'm unable to split it. I would like to share on here but it's too big!!

Thanks

try uploading to something like dropbox and providing a link

[Gruffolo]

[echat11]

It's great you've got it in Dropbox, but if you can get everything in individual files in Dropbox that would be good, i.e. all T & C's in one file individually, all statements in one file,, but individual for each month, all Court papers in one file etc.

[Gruffolo]

Hi ECHAT11, I am unable to split that document; this was how it was sent to me by Restons attached to an email.

[echat11]

Hi ECHAT11, I am unable to split that document; this was how it was sent to me by Restons attached to an email.

O.K. The initial interest rate started at 34%, go through the statements, see if there is any 'variation' to that interest rate?

The credit limit is missing from the agreement, check again to make sure that is the case.

Also you say documents are being sent elsewhere.

[Gruffolo]

Hi ECHAT11, thank you for the points to look into - will post back on this. This document was sent to my old address which I moved from in August 2021. The NOC was sent to my current address in August 2022, communication with Cabot and Restons continued with my current address until Dec 2022 when Restons started to write to my old address? I have no idea why they did this; I only found this out due to letters contained in the document sent via email in Oct 2023.

Whilst checking on Money Claim Online I see that the Case Stay was lifted on 23/11/2023 and the claim was transferred to NUNEATON on 23/11/2023.

The Nuneaton County Court is nowhere near where I live. I moved from xxxxxx in August 2021 and have since lived in xxxxxxxx.

My old address:

xxxxxxxxx

My current address:

xxxxxxxxx

The Original Notice of Claim was sent to my current address, the Northampton County Court Business Centre has my current address registered. As mentioned I am very concerned that this hearing has taken place without my knowledge; I fear the claimants’ legal representatives are “Abusing Process” by all of a sudden writing to my old address on such an important matter when the claim has been stayed for over a year.

Can you please advise who I should talk to about this?

I have also emailed the Nuneaton county court with the above.

Thanks,

[echat11]

a) Make a formal complaint to the Restons and make sure you copy the letter to the Creditor, make sure you get Proof of Postage.

Follow Restons complaint procedure, that will be on their website. As you state, it is important and must be brought up in any future Hearing with evidence i.e. letters sent to old address.

Restons are regulated by the SRA.

b) It's good that you've informed the Court, a Judge might provide instructions on this.

c) Before the case was stayed, was the case meant to be heard at Nuneaton?

[Gruffolo]

Hi ECHAT11

I'll act upon the suggestions from your last message and post up when there is progress.

I'm going to call Nuneaton court later; will post up details later. Your point C - no it wasn't meant to be held at Nuneaton; the claim had only progressed as far as my defence being submitted in September 2022. Then silence for over a year regarding the court progression.

I've gone through the credit agreement and T&C's as suggested.

No credit limit mentioned; only they will advise me what it will be?

There is a variation in the interest rates reviewing the statements; agreement was 34% 23/04/2017 it showed 24.9%

I noticed the agreement was signed in 2015; Reston's have supplied "your agreement" terms and conditions document from 2019 - is this correct?

Screenshots attached.

Thanks,

[echat11]

a) I'll act upon the suggestions from your last message and post up when there is progress.

Good.

b) I'm going to call Nuneaton court later; will post up details later. Your point C - no it wasn't meant to be held at Nuneaton; the claim had only progressed as far as my defence being submitted in September 2022. Then silence for over a year regarding the court progression.

The Court would / should have sent you a Directions Questionnaire shortly after the Defence was filed. When you contact the Court, also send them an email. The case was 'stayed'. So you need to find out how Nuneaton was selected.

c) I've gone through the credit agreement and T&C's as suggested.

Good

d) No credit limit mentioned; only they will advise me what it will be?

O.K., the should inform you of credit limit.

e) There is a variation in the interest rates reviewing the statements; agreement was 34% 23/04/2017 it showed 24.9%

Have you got statements with the interest rate at 34%? check all the statements.

f) I noticed the agreement was signed in 2015; have supplied "your agreement" terms and conditions document from 2019 - is this correct?

They should provide T & C's from 2015 when it was signed.

[Gruffolo]

Hi ECHAT11

Every statement shows an interest rate of 24.9%; none of them have 34.9% contained in them.

One thing I noticed in the terms and conditions 3.3; see attached screenshot. Restons have not supplied the page that refers to that section?

[echat11]

Hi ECHAT11

Every statement shows an interest rate of 24.9%; none of them have 34.9% contained in them.

One thing I noticed in the terms and conditions 3.3; see attached screenshot. Restons have not supplied the page that refers to that section?

a) I wonder if the 34.9% is an error and it should read 24.9%, although it has (variable) in brackets. You should I believe have gotten another set of T's and C's stating that it's 24.9%.

b) That's another thing to note (build your case) 'One thing I noticed in the terms and conditions 3.3; see attached screenshot. Restons have not supplied the page that refers to that section?'

[Gruffolo]

a) I wonder if the 34.9% is an error and it should read 24.9%, although it has (variable) in brackets. You should I believe have gotten another set of T's and C's stating that it's 24.9%.

b) That's another thing to note (build your case) 'One thing I noticed in the terms and conditions 3.3; see attached screenshot. Restons have not supplied the page that refers to that section?'

Hi Echat11, hope you are good.

I did think myself that the interest rate of 24.9 should be 34.9 - their error?

I've noted your comment regarding case building content.

Well things have taken a strange turn today - which TBH I suspect all along.

I received in the post a large thick brown envelope; see attached photograph of the edited covering letter.

The letter is dated yesterday; application to lift stay was heard on the 23rd Nov.......

It's amazing after a year Restons begin to write to the correct address again. The rubbish about Cabot tracing me..... I have never moved from here!!!

I feel Restons have tried to have the case judged in their favor without my knowledge; the judge has had none of it; so they now start writing to me again..... if this is not a blatant abuse of process I don't know what is... this claim has been stayed for over a year and then this nonsense

As mentioned in an earlier post I have already emailed the court and included my current address. I also rang the court and spoke with an advisor at the national call centre who also advised I should write to the court.

What are your thoughts and any suggestions where I stand?

Many thanks