**DISMISSED/WON** Restons Solicitors

[warwick65]

Re: Restons Solicitors

Donel

I have reported your attachment as it shows your name, you are just down the rd from me , might have seen you in the Coop!

[Donel361]

Re: Restons Solicitors

Ooh thanks ill delete it

[Amethyst]

Re: Restons Solicitors

attachment unapproved - I'll sort and reupload - editing on a pdf doesn't always work very well

[warwick65]

Re: Restons Solicitors

Are the addresses on the agreements and letters correct for the times you lived there?

I see you moved during the process

[Amethyst]

Re: Restons Solicitors

pages -- looks like the terms are illegible so they will need to reconstruct them.

[Amethyst]

Re: Restons Solicitors

rest xx

[warwick65]

Re: Restons Solicitors

Hi again

I'll do anything to avoid doing what I should be doing!

Maybe [MENTION=87380]Diana M[/MENTION] will look in but that is the funniest DN I have ever seen and certainly unlike any of mine including the Capital One DN allegedly issued 6 months after I went into a DMP.

As things stand I really really think Di is correct, don't poke Restons if the claim is stayed, especially now you have sent off the other letters

[Donel361]

Re: Restons Solicitors

Yes, they appear to be Warwick.

Are the addresses on the agreements and letters correct for the times you lived there?

I see you moved during the process

[Donel361]

Re: Restons Solicitors

Hi, I have had this reply from Capital one. Nothing from Cabot or Restons.

[warwick65]

Re: Restons Solicitors

Hi Donel

That is a word for word copy of what i got from capital One when i sent my original S78 request

BUT

As they have sold the debt to Cabot it is down to Cabot to send the S78 request - let me read back and I will refresh my memory

[warwick65]

Re: Restons Solicitors

Ok quick read back

You said you were sending a subject access request to Capital One, did you do that?

Did you send a S78 (also called a CCA request) to Cabot?
It looks like you did from a post further up or was that it response to your CPR 31.14 request

I am curious though, they say you applied online but the agreement they sent looks as if there is your actual signature on it which you have covered
It may well be you applied online but they then sent you an agreement to sign
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

I think as long as its stayed you don't want to poke it

[Donel361]

Re: Restons Solicitors

Hi Warwick, thanks for coming back to me. I haven't sent a sar to capital one but did send the same request to Cabot for these cca documents with the £1 postal order. I don't know the correct lingo for it.

Yes I saw there comments about online application yet there is a pen signature. Also there is a random, undated letter from capital one including a load of spiel that I have never ever seen.

It's still stayed.

[Donel361]

Re: Restons Solicitors

Hello all, I'm currently on holiday so haven't seen the letters myself. Easton's say they have asked the court for a default judgement as I have no case. If that is not agreed they ask to schedule and recoup costs from me. It includes all the documents I've uploaded here, a witness statement from the paralegal and a list of their costs so far. They say there is no merit to the case.

Looks like they want to proceed. I've emailed the court asking that they do not allow default judgement and I'm on holiday.

[Donel361]

Re: Restons Solicitors

Hello all, I've had a letter from Nottingham saying the matter has been referred to Birmingham cc and I will be contacted in due course. Any direction or advice would be greatly appreciated.

[Amethyst]

Re: Restons Solicitors

It sounds like they have applied to lift the stay and continue the case - although for it to have been transferred to Birmingham ( from Northampton?) there should have been a directions questionnaire ? Have you had and returned a form to court regarding mediation etc ? Was there an application with the witness statement ? It is slightly concerning they have included a list of costs - the claim is for £3k so in small claims track - if you possibly can it might be worth uploading that WS and any application / letters with it.

Now is the time to go through everything and work out if you have a defence following their provision of documents and consider applying to amend your defence if needed. Looks like you have the original agreement ( illegible but easily rectified) - notice of assignment and recon default notice along with letter confirming payment plan through a DMP? ....

If there isn't a defence then you can consider negotiation.

there is a copy of someone elses 2007 cap one terms - http://legalbeagles.info/forums/show...erms-agreement - which you can use to check against the terms you have been sent.