**DISMISSED/WON** Restons Solicitors

[Donel361]

Hello,

If anyone has the time I'd be really grateful for some advice.

Court action has been stayed for a about 6 months. I've received a letter today from Restons inviting me to withdraw my defence as its my last opportunity. It says it includes:

Signed credit agreement
Transaction logs
Reconstituted copy of default notice
Notice of assignment

The credit agreement they have sent is largely blurred.
The transactions are just a list of dates and credit / debits run up on excel. They are not on any sort not headed paper or a statement.
I never received the notice off default. Don't they have to prove postage?

They want me to fill out an admission form and return it to them
Should I?

[charitynjw]

Re: Restons Solicitors

Hi Donel, welcome to LB.

Is it still stayed?

[Donel361]

Re: Restons Solicitors

Yes it's still stayed. They want me to make an admission now and withdraw my defence as they have provided some documents.

[warwick65]

Re: Restons Solicitors

Hi Donel

Did you send a SAR to the original creditor?
How much is the claim ( It might make a difference as to what to do next)?
When was the account opened?
They are hoping you will admit it so they do not have to pay a fee to lift the stay ( even if they think they have a case)
[MENTION=87380]Diana M[/MENTION]

[Donel361]

Re: Restons Solicitors

Hi, default letter says July 2011, last payment September 2011. They say they bought it October 2015. Account opened 2007.

Yes, it's taken them 6 months to get the documents from Capital One, hence the stay.

[warwick65]

Re: Restons Solicitors

Oh Capital One

I just love them

Just a question, did you continue to make payments after defaulting?

Did you send a subject access request to Capital One?

If you didn't send a SAR you might want to do it now, could be £10 well spent.

Wait for Di or Jo to pop in before you say anything to Restons

I am sure she is just in Waitrose or JL at the moment ( I'll duck to avoid the punch)

[Donel361]

Re: Restons Solicitors

Thanks.

Made 2 monthly payments after the date they day they say they defaulted me. No sar to capital one. I just replied to the defence then Cabot/restons got the documents.

[charitynjw]

Re: Restons Solicitors

Have you sent a s78 CCA request + fee to the Claimant?

[Donel361]

Re: Restons Solicitors

No but will do. Thanks.

[Stu]

Re: Restons Solicitors

That CCA is very important and could be the winner in your case..

[Donel361]

Re: Restons Solicitors

Hi,

I advised Restons that I have submitted a SAR to Capital One and said I do not think the copy of the CCA they sent is illegible as it is blurred. I also said the default notice I never received has no mention of how much is being demanded and it doesn't give me 14 days to put matters right (I've read it should have).

They have replied with an A3 print of she cca which is still blurred. They say as I am unwilling to withdraw my defence they are advising Cabot to make an application to the court to strike out my defence and get a judgement.

[warwick65]

Re: Restons Solicitors

Donel

I am confused and think you may be.

Just last week you said that you were going to send a S78 request and this week you are saying that the CCA they sent you is blurred.
I am assuming you are talking about the agreement you received from Restons before the claim was stayed?

A S78 request IS a CCA
If you send a S78 request with the fee they have to comply with legible documents and if not they can not enforce the debt , well that is the short version

If you asked the solicitors for a copy of the agreement and did not say it was a S78 request with the £1 fee they can knock up any old rubbish as it has no legal standing

Maybe you have replied on another thread somewhere but it is not clear here

I am told that Restons are very tough and will try to bully you. They may well apply for a judgment, you need to get all this lined up

Post crossed with [MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Restons Solicitors

I advised Restons that I have submitted a SAR to Capital One and said I do not think the copy of the CCA they sent is illegible as it is blurred. I also said the default notice I never received has no mention of how much is being demanded and it doesn't give me 14 days to put matters right (I've read it should have).

They have replied with an A3 print of she cca which is still blurred. They say as I am unwilling to withdraw my defence they are advising Cabot to make an application to the court to strike out my defence and get a judgement.

Restons can advise their client what they like but it doesn't mean they'll get a CCJ against you unless they convince the court the debt is enforceable.

If they make a Summary Judgment Application to strike out your Defence (which I've not seen) they will have to convince the DJ that your Defence is rubbish and so shouldn't be tested at a full trial which would be a waste of court time and resources.

I've taken a peek back through your thread but I can't see what this claim is for or how much etc.

I can see you've made some tactical errors (not your fault ) by telling the Claimant's solicitors too much information.

By saying the credit agreement is illegible and blurred they've gone off and created a better, bigger A3 version.

You've also told them what you believe is wrong with the Default Noticed which they've disclosed so expect them to now reconstitute a better/more accurate version of that too.

Less is more with litigation. Basically never tell the other side anything unless ordered to by the court (there are some exceptions).

I don't know why you've told them that you've sent a SAR to Capital One because that's none of their business either. Depending on the amount of the claim they could ask the court to force you to disclose the contents of your SAR response.

So let's go back to the beginning to see what needs to be done.

First of all post (or type up) the Particulars of Claim removing anything that could identify you. That way it'll be clear what they are claiming and why they think they have the right to claim it.

If the claim is stayed then leave it that way for now and don't enter into any more letter writing allowing them to fish for information. As lawyers say "we don't litigate through correspondence".

Di

[Donel361]

Re: Restons Solicitors

Thank you. Sorry, all this is new to me. I'll do as advised. Have a great weekend.

[Diana M]

Re: Restons Solicitors

Sorry, all this is new to me. I'll do as advised. Have a great weekend.

No need to say sorry - I'm on your side.

I want to give you the tools to fight your claim.

I wasn't giving you a telling-off

You have a good weekend too and we'll catch up again on Monday.

Di