**DISMISSED/WON** Restons Solicitors

[nemesis45]

Re: Restons Solicitors

[MENTION=99952]Donel361[/MENTION]

It would help us to advise if you could post up the documents you have received after removing all personal identifiers, if you have a problem doing this I'm sure [MENTION=49370]Kati[/MENTION] from the LB team will help you!

nem

[warwick65]

Re: Restons Solicitors

I would suggest lets start at the very beginning, Its a very good place to start :-)
Need the particulars of claim and exactly what was sent by Donel in response.

That way nothing will be missed

[Donel361]

Re: Restons Solicitors

Hi, Here is a copy of the claim form. I'll get some of the other correspondence up as soon as I can.

[MIKE770]

Re: Restons Solicitors

Hi, Here is a copy of the claim form. I'll get some of the other correspondence up as soon as I can.

pdf i twe cannot see it in its form

[Donel361]

Re: Restons Solicitors

Here is a PDF version.

[warwick65]

Re: Restons Solicitors

Hi Donel

So what have you sent and to whom?

Have you sent a S78 request with the £1 fee?
If so who to?
If it was sent has there been a reply?

Have you sent a CPR 31.14 request?
If so what did you ask for and who did you send it to?
Have you had a reply?
If so what did it say?

[Donel361]

Re: Restons Solicitors

This is what I sent to Restons and used as my defence saying that I disputed the debt.

To whom it may concern,

I have received a recent court claim from your organisation.

I have absolutely no problem making repayment arrangement with any of my debtors but I have no information or recollection of this account. I therefore can’t conclude whether I am fully liable, partially liable or indeed liable at all. In order to make a fair decision on admission or defence I require some information. Given that this matter is now the subject of legal proceedings brought by you, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this alleged account.
c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. A list of third party agencies to whom you have disclosed my personal dataand a summary of the nature of the information you have disclosed.
h. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

I require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

[warwick65]

Re: Restons Solicitors

Donel

I have to wonder where you got that defence or letter from, certainly not here.

I think you might need a solicitor to advise on getting out of this mess as what I see is no proper defence at all.

You have been advised to send a s78 request several times and haven't done so, or so it seems . You must do this asap.

you also need to send a cpr31.14 request

The links to both those are available in the section of the forum called received a court claim
[MENTION=49370]Kati[/MENTION] could you move this to the appropriate forum

I am on an iPad so sorry if I can't link or write a detailed response that does t sound harsh.

[warwick65]

Re: Restons Solicitors

Hopefully this will work

CCA Request
CPR 31.14 Request

I think you may need to ask permission to amend your defence once the CCA request is sent

One of the problems that I can foresee is that the claim will probably be assigned to the small claim track and many of the civil procedure rules do not necessarily apply

If you are on a low income you may qualify for fee remission for a request to amend your defence
Another problem is that because the account was opened after april 2007 you can not rely on S127(3) which means providing that they can show on balance you did sign the agreement and you did use the card then they will win unless you can show other reasons

[Amethyst]

Re: Restons Solicitors

Moved to the right place

That letter/defence sounds like a Subject access request ? It's not really a defence, well it's not a defence, just a request for information, so it is likely you will need to amend it.

As Warwick has asked

Have you sent a S78 request with the £1 fee?
If so who to?
If it was sent has there been a reply?

Have you sent a CPR 31.14 request?
If so what did you ask for and who did you send it to?
Have you had a reply?
If so what did it say?

The links to those two letters ( CCA / s.78 request and CPR 31.14 request ) are in Warwicks last post.

[Donel361]

Re: Restons Solicitors

Thanks, looks like I may have cocked things up and wish I have found your site earlier. It can be daunting for the common man to understand how these things work I'm just really happy for the advice I have had so far. I have sent off the two requests you have directed me to today using Royal Mails signed for service. I have also copied them to Restons.

They probably wont change a thing now but what will be will be.

Thanks again

[Diana M]

Re: Restons Solicitors

I think you may need to ask permission to amend your defence once the CCA request is sent

I wouldn't suggest that.

This claim is currently stayed.

Any Application to the court (to file an Amended Defence) will kick-start it again which is just what the Defendant doesn't want.

It may also give the Claimant an opportunity to cross apply for a Summary Judgement to strike out the Defence etc etc etc.

Sending the CCA Request will give Restons something to think about.

The claim has not yet been allocated so send Restons the CPR 31.14 Request too.

Di

[Diana M]

Re: Restons Solicitors

looks like I may have cocked things up and wish I have found your site earlier. It can be daunting for the common man to understand how these things work I'm just really happy for the advice I have had so far. I have sent off the two requests you have directed me to today using Royal Mails signed for service. I have also copied them to Restons.

They probably wont change a thing now but what will be will be.

You haven't cocked up anything. You've just got off to a slow start

It's easy for onlookers to comment on what you should have done (but didn't) and as you rightly say it's daunting when you're faced with the legal unknown.

Since you cannot put the clock back and undo the past I prefer to focus on the here and now.

You've sent both the CCA and the CPR 31.14 Requests which will protect your legal position.

I note that they have produced some documents which appear to include a defective DN (I've not seen it). You may have told them why it's defective and they may reconstitute another one, but they'll have to explain to the court why the two (before and after) DNs have different dates on them since only one of them can be 'honest and accurate' which means the other one was 'dishonest'.

Di

[warwick65]

Re: Restons Solicitors

I wouldn't suggest that.

This claim is currently stayed.

Any Application to the court (to file an Amended Defence) will kick-start it again which is just what the Defendant doesn't want.

It may also give the Claimant an opportunity to cross apply for a Summary Judgement to strike out the Defence etc etc etc.

Sending the CCA Request will give Restons something to think about.

The claim has not yet been allocated so send Restons the CPR 31.14 Request too.

Di

Donel

Sorry if I confused things I have to say Di has looked at it in a far more mature and reasoned way than I did. I had a notion in my head that confused myself and probably you.

You are in safe hands with Di

[Donel361]

Re: Restons Solicitors

Hi folks,

Here is a copy of their correspondence prior to me submitting the two requests you suggested.