Hi there. You've probably guessed already, I have a problem :(

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Certainly seems that way. They haven't even supplied a copy of the notice of assignment. You would have imagined that they would have that to hand what with them relying on it in their claim. They state they'll be back in touch in 21 days...their claim will be stayed way before then. It looks like a buy (alleged) debts super cheap and scatter gun court claims all round approach to me. The more I dig into this, the more I'm wising up

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Certainly seems that way. They haven't even supplied a copy of the notice of assignment. You would have imagined that they would have that to hand what with them relying on it in their claim. They state they'll be back in touch in 21 days...their claim will be stayed way before then. It looks like a buy (alleged) debts super cheap and scatter gun court claims all round approach to me. The more I dig into this, the more I'm wising up

Debts are sold in Portfolios often with face values of many millions of pounds, at a guess 40% are dead in the water, but the purchaser gets little more information other than the debtors name/address/ contact details and the amount outstanding.
nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Do you think Restons will continue with the claim on DLC's advice when they don't have the documents? My defence was acknowledged by the court on the 22nd of December, so they're running out time to respond

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Do you think Restons will continue with the claim on DLC's advice when they don't have the documents? My defence was acknowledged by the court on the 22nd of December, so they're running out time to respond

They will " bluff" Astro right up to the last minute if the can't get their hands on the agreement, then discontinue at the last moment, some of these claims have already taken that course.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Cool, that's what i'm hoping. My defence is as near as good as can be even if they were daft enough to continue. I'll keep you posted of any developments

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Cool, that's what i'm hoping. My defence is as near as good as can be even if they were daft enough to continue. I'll keep you posted of any developments

Good Luck!!

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Another of my quick questions (sorry). How does the Christmas period affect the usual 28 days period the claimant has to advise the court if they wish to continue the claim? Also, what date is accepted as the claimant receiving my defence? Everything i've done has been through moneyclaim online, is the date my defence was accepted by the court the one used, seeing as the claimant could view it online?
The reason I ask is it's coming very close to 28 days, and i've still heard nothing whatsoever from Restons

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Another of my quick questions (sorry). How does the Christmas period affect the usual 28 days period the claimant has to advise the court if they wish to continue the claim? Also, what date is accepted as the claimant receiving my defence? Everything i've done has been through moneyclaim online, is the date my defence was accepted by the court the one used, seeing as the claimant could view it online?
The reason I ask is it's coming very close to 28 days, and i've still heard nothing whatsoever from Restons

Hello Astro, 28 calendar days from the date they were served with the defence.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Cool, thanks Nem. I thought i'd bought myself a few extra days because of Restons Christmas shutdown. Looks like it'll certainly give them less thinking time

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

Also just to add, if they don't reply in time nothing really happens... the case usually ends up being stayed ( put on hold) and then you can make an application to enforce your CPR 31.14 request or strike out the claim if you wanted to.

Have you received any directions questionnaire from the court ? If not then I might be inclined to call MCOL to check your defence went through okay as they had some glitches coming up to Christmas.

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Called Northampton CC today and they've confirmed the details of my defence linted on MCOL match their records. Annoyingly i've also found that Restons have 33 days to respond before the claim stays (iwas expecting it to stay today at 28 days). Is it worth calling Restons to see if their client is wanting to continue with the claim? Hopefully they'll see sense as its already cost them £185 to bring the claim and it'll cost them another £155 to lift a stay. Even then they have no real prospect of success

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Hi there [MENTION=55034]nemesis45[/MENTION]

Had a letter arrive from Restons today. It acknowledged my defence (statute barred) but noted I had produced no evidence to support my defence. I know I don't need to do this as the onus is on them to prove otherwise. They are using the date the account was terminated (written off actually) which is the 12th october 2010. On the basis of this they have requested I withdraw my defence (I won't) and fill in the N9A they've attached (I won't be doing this). They have asked me to return it within 14 days (by which time the claim will have been stayed for a week) or they may make an application for my defence to be struck out. My question is.......if they do make an application for strike out will I get a chance to produce my evidence to support my defence?

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Hi there @nemesis45

Had a letter arrive from Restons today. It acknowledged my defence (statute barred) but noted I had produced no evidence to support my defence. I know I don't need to do this as the onus is on them to prove otherwise. They are using the date the account was terminated (written off actually) which is the 12th october 2010. On the basis of this they have requested I withdraw my defence (I won't) and fill in the N9A they've attached (I won't be doing this). They have asked me to return it within 14 days (by which time the claim will have been stayed for a week) or they may make an application for my defence to be struck out. My question is.......if they do make an application for strike out will I get a chance to produce my evidence to support my defence?

Hi Astro two questions to save me going back through all the posts.
1. Do you know when BH defaulted the account, or you received a default notice.?
2. and or when a demand for payment or Final demand was made?

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I dont ever recall receiving a default notice, but according to the information I received from BH they charged me a 'collection activity' fee (even though I took the car to them) and finalised the sum owing on 17/12/2008. This figure is exactly the same as the amount of Restons claim

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

I dont ever recall receiving a default notice, but according to the information I received from BH they charged me a 'collection activity' fee (even though I took the car to them) and finalised the sum owing on 17/12/2008. This figure is exactly the same as the amount of Restons claim

No payment or written acknowledgment since 17/12 /2008 and not terminated until 12/10/2010 is implausible to my mind.
I would try contacting BH and asking for the date they defaulted the account
When does the statement of claim say the claimant acquired the account?

nem