** DISCONTINUED ** Restons Solicitors.

[bongosong]

Need advice to reply to Restons. They have issued through the Northampton bulk court for an old loan that we had back in 2006. I received the claim forms on the 28th July and it is dated the 26th July. I have been following the threads on this great site and after mulling it over for a few days I sent my Acknowledgement of service off on the 7th August via e mail to the court saying I will be defending the claim. I then posted a CPR31.14 request to Restons the same day 7th August. I also sent a request to Marlin Capital Europe Ltd for a copy of the original agreement I am supposed to have with them under the s78 CCA 1974 with the required £1.00 fee. This was sent on the 12th August.
Today the 15th August have a reply from Restons who are claiming that they have provided the information I have asked for in their POC. They also point out the following " The claim was issued via the CCBC which is a procedure specifically provided for the CPR. This procedure only allows a Claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. Paragraph 5.2A of practice direction 7E specifically states " The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claim does not apply to claims using an online claim form, unless the particulars of the claim are served separately in accordance with paragraph 5.2 of this practice direction. They go on to say that I would have been provided with a copy of the contract at the time the account was opened and hence they see no reason why I now require an additional copy.
On reading the POC it claims payment for overdue balance due under a contract between me and NR PLC dated on or about 17th Oct 2006. They also state that the documents I have asked for namely 1. Original agreement. 2. The Assignment. 3. The DFN. 4. The termination notice are not mentioned in the POC so CPR 31.14(1) does not apply. They finish by telling me to just complete the Court paperwork or they will have a judgment against me by Default.
Bit of background info, this debt (loan) was something my ex wife took out in my name and the payments were being made right up till when we divorced in 2007. We had sold the house in 2009 and I have had no letters etc from anyone as my mail was never redirected. I never received any default notices or any such notifications about this debt. She now wants nothing to do with it and I am left with this mess.
If anyone has any ideas of how to reply to this Restons letter I would be grateful. I have put together my defence from the useful threads shown on this site but I have yet to e mail it to the court via MCOL. I have felt confident up till now but think some help might calm me down. Look forward to a reply. Many thanks

[Kati]

Re: Restons Solicitors.

hi [MENTION=105425]bongosong[/MENTION] ... that sounds like a typical Restons reply too me (annoying as it is), and not worth replying to in my opinion
[MENTION=6]Amethyst[/MENTION] any advice??

[MIKE770]

Re: Restons Solicitors.

they are correct only documents mentioned on N1 form can be requested at this stage

[bongosong]

Re: Restons Solicitors.

Thanks for the reply. I am at a loss of how to act next. If anyone has any comments would be grateful. While I am on when do I need to send in my defence? I did my AOS on the 7th August. Ta

- - - Updated - - -

Thank Mike. Just looked again and there are none on there??

[Kati]

Re: Restons Solicitors.

On reading the POC it claims payment for overdue balance due under a contract between me and NR PLC dated on or about 17th Oct 2006

Is that the exact wording of the PoC?? If not can you type it out word for word please??

They definitely say "contract" in what you've wrote above

[bongosong]

Re: Restons Solicitors.

POC
The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Northern Rock (asset management) plc dated on or about Oct 17 2006 and assigned to the claimant on Oct 28 2013.

[Kati]

Re: Restons Solicitors.

POC
The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and Northern Rock (asset management) plc dated on or about Oct 17 2006 and assigned to the claimant on Oct 28 2013.

so ... you could ask for the contract and notice of assignment they are skating on thin ice if they refuse to produce them on receipt of a CPR request afaik ( [MENTION=551]pt2537[/MENTION] ... would you agree with me there?? )

your defence is due 33 days after the date of issue on the claim form - check HERE for the exact date xx

[bongosong]

Re: Restons Solicitors.

so ... you could ask for the contract and notice of assignment they are skating on thin ice if they refuse to produce them on receipt of a CPR request afaik ( @pt2537 ... would you agree with me there?? )

your defence is due 33 days after the date of issue on the claim form - check HERE for the exact date xx

Thank you Kati,
I have formatted a response asking for the above and will send today. I feel they are abusing their role as claimant solicitors by submitting the claims online and then using a rule where they have no room to include the correct information to us or include documents etc. The law is an ass when it comes to these claim forms.
On checking my dates etc I have until the 28th August to send in my defence. As this is a bank holiday if I submit on the Friday 25th Aug will they receive by the Monday or will I run over time? I know its online but I thought it best to ask someone. My MCOL will confirm when I sent it I assume. Thanks for the help.

[Kati]

Re: Restons Solicitors.

Thank you Kati,
I have formatted a response asking for the above and will send today. I feel they are abusing their role as claimant solicitors by submitting the claims online and then using a rule where they have no room to include the correct information to us or include documents etc. The law is an ass when it comes to these claim forms.
On checking my dates etc I have until the 28th August to send in my defence. As this is a bank holiday if I submit on the Friday 25th Aug will they receive by the Monday or will I run over time? I know its online but I thought it best to ask someone. My MCOL will confirm when I sent it I assume. Thanks for the help.

If it's there by the Friday before you'll be fine xx

[MIKE770]

Re: Restons Solicitors.

bank holidays and weekend dates you are allowed one working day later by 4 p.m.


use if bank holiday MCOL problem ===ccbcaq@hmcts.gsi.gov.uk

[bongosong]

Re: Restons Solicitors.

Many thanks Kati. Off to the Post Office again. Will I get a response or not, who knows. x

- - - Updated - - -

Thank you Mike

[warwick65]

Re: Restons Solicitors.

As the due date is a bank Holiday you technically have until 4pm the next working day (Tuesday)

If you are going to submit by email I would wait until you receive Sats post because they might just send the docs out first class on the Friday to tray and bamboozle you. If you intend to submit online , just be aware that MCOL is not exactly reliable and they have no support over the W/E so you would then have to wait until Tuesday to contact them- great unless you are at work or something

[helena]

Re: Restons Solicitors.

Surely this is statute barred ?

[Amethyst]

Re: Restons Solicitors.

Is this a Northern Rock Loan ? and did you have a mortgage with NR as well, and was it a 'together' product ? how much was the loan? and how much is the claim ?

We had sold the house in 2009 and I have had no letters etc from anyone as my mail was never redirected. I never received any default notices or any such notifications about this debt.

It could well be stat barred as it wasn't a secured loan, and seems you have over 6 years of non payment/acknwoledgement. Was your ex-wife paying / doing anything with it after 2007 that you are aware of?

[warwick65]

Re: Restons Solicitors.

Hi
Not to try and put a downer on you, you are doing all the right things but Restons are notoriously difficult and try to block LiP's at every turn- or at least that seems to be the evidence from people on internet forums.

Did you wonder why they say you should have the documents - could it be because they don't have them.

Another question that may have some awkward answers- you say your wife took out the loan in your name? I am assuming you signed the agreement?

You may have said earlier but I can't see it , roughly how much is the claim for, to the nearest 1000 will be enough

As Amethyst said, could your wife have made any payments since 2009

Are you still in touch with your ex ? Would she cooperate with you if you needed her to ?

Sorry for so many questions but for example if she had been making payments you could still argue SB because the payments have to be made with your agreement however if she signed the agreement on your behalf (that's the nicest way I can put it) then it could be a whole heap of trouble for her which you may, or maynot be willing to put her through.