Restons Solicitors - HSBC Credit Card Debt - County Court Claim

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Ok thanks. Shall I respond to Restons as you suggest and copy the court in?

You can do so but there is no need to copy to the court.

BTW Restons' are correct about the deed of assignment.

You tell Restons that CPR31 .14 is relevant to the claim as it is not yet allocated to a track.

nem

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

@nemesis45

If it were me, in this particular case I'd also briefly respond to both the CCA request issue & the disputed payment.

CCA request - I'd say that I sent one on (date) & I suggest that Restons get their client to conduct a thorough search for it.
Disputed payment - I'd say that I can find no record of any payments made by me within the requisite limitation period; if Reston's client asserts otherwise, could they please provide proof of payment (who paid, how much & the precise method of payment, for each or any relevant payments).

What do you think, nem?

[Arcadian]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

I asked for a certificate of postage and was given a receipt at the post office

A certificate of postage is just that - proof that you put something into the postal system. It does not give any evidence of the item being safely delivered.
The only thing it's useful for is protecting against eBay chargebacks (specifically chargebacks, NOT "item not received" claims), and for using to get your loss or damage payment from the post office, should they lose or damage something with an inherent value.

Anything legal should always be sent as "signed for" because it's the only way to get proof of successful delivery to the address.

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

A certificate of postage is just that - proof that you put something into the postal system. It does not give any evidence of the item being safely delivered.
The only thing it's useful for is protecting against eBay chargebacks (specifically chargebacks, NOT "item not received" claims), and for using to get your loss or damage payment from the post office, should they lose or damage something with an inherent value.

Anything legal should always be sent as "signed for" because it's the only way to get proof of successful delivery to the address.

Signed for 1st Class post is recommended for legal requests for information e.g. CCA /CPR 31.14 requests. Restons pull this con in an attempt to disrupt the defendants preparation they have even denied receiving documents/request when the defendant has proof with a signature that the letter was delivered.

- - - Updated - - -

@nemesis45

If it were me, in this particular case I'd also briefly respond to both the CCA request issue & the disputed payment.

CCA request - I'd say that I sent one on (date) & I suggest that Restons get their client to conduct a thorough search for it.
Disputed payment - I'd say that I can find no record of any payments made by me within the requisite limitation period; if Reston's client asserts otherwise, could they please provide proof of payment (who paid, how much & the precise method of payment, for each or any relevant payments).

What do you think, nem?

Well said [MENTION=5553]charitynjw[/MENTION] !!

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

A certificate of postage is just that - proof that you put something into the postal system. It does not give any evidence of the item being safely delivered.
The only thing it's useful for is protecting against eBay chargebacks (specifically chargebacks, NOT "item not received" claims), and for using to get your loss or damage payment from the post office, should they lose or damage something with an inherent value.

Anything legal should always be sent as "signed for" because it's the only way to get proof of successful delivery to the address.

Hi Arcadian

Unfortunately, Arrow give a PO box address; you don't get a signature.
Axle can rely on the Interpretation Act for proof of receipt.

[Arcadian]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi Arcadian

Unfortunately, Arrow give a PO box address; you don't get a signature.
Axle can rely on the Interpretation Act for proof of receipt.

So I understand from reading some of the other forum posts. How very underhand!

I'd still send it signed for, just for the sake of form and as standard procedure really.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Signed for 1st Class post is recommended for legal requests for information e.g. CCA /CPR 31.14 requests. Restons pull this con in an attempt to disrupt the defendants preparation they have even denied receiving documents/request when the defendant has proof with a signature that the letter was delivered.

- - - Updated - - -


Well said @charitynjw !!

Hi [MENTION=5553]charitynjw[/MENTION] & nemesis45. I'm putting together my response based on your suggestions, I'll draft it out here FIRST if that's ok so you can have a quick look.

Before I finish that though - I also note from my original CPR letter to Restons on 25/11, I used the following words:

"You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter."

Should I also be mentioning to Restons that not only is their response unsatisfactory but it also took them 2 weeks? Have they broken any rules here?

Thanks

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi Axle

Certainly mention it.
They will probably counter it by protesting that, as the case will likely as not end up in Small Claims Track, CPR 31 is not applicable.
If so, they would be wrong.
You can point this out to them again.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi [MENTION=5553]charitynjw[/MENTION]

How does this sound...

"Dear Miss Murtagh,
I write in reference to the above matter and in response to your letter dated 09/12/2016.
As per my CPR 31.14 request, firstly you were given the required 7 days to comply with this, which you did not. Secondly, the details provided are not satisfactory. Any documentation I may or may not have in my possession is irrelevant as I am requesting inspection of these documents which your client intends to rely on in court.
You should also note that CPR31 .14 is relevant to the claim as it is not yet allocated to a track.
Also, regarding the last payment your client states was made to the account on 25/08/2011, I can find no record of any payments made by me within the requisite limitation period. If your client believes otherwise, could they please provide proof of payment (who paid, how much & the precise method of payment, for each or any relevant payments).
Finally, you are aware a CCA request was sent by myself to your client on 24/11/2016 and to date I have not received a response. I would suggest you ask your client to conduct a thorough search for this information.

Yours sincerely"

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi @charitynjw

How does this sound...

"Dear Miss Murtagh,
I write in reference to the above matter and in response to your letter dated 09/12/2016.
As per my CPR 31.14 request, firstly you were given the required 7 days to comply with this, which you did not. Secondly, the details provided are not satisfactory. Any documentation I may or may not have in my possession is irrelevant as I am requesting inspection of these documents which your client intends to rely on in court.
You should also note that CPR31 .14 is relevant to the claim as it is not yet allocated to a track.
Also, regarding the last payment your client states was made to the account on 25/08/2011, I can find no record of any payments made by me within the requisite limitation period. If your client believes otherwise, could they please provide proof of payment (who paid, how much & the precise method of payment, for each or any relevant payments).
Finally, you are aware a CCA request was sent by myself to your client on 24/11/2016 and to date I have not received a response. I would suggest you ask your client to conduct a thorough search for my lawful request and forward the required information forthwith.

Yours sincerely"

A small suggestion, Axle.

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi [MENTION=38161]char[/MENTION]itynw & [MENTION=55034]nemesis45[/MENTION]

Another letter from Restons, this one is brilliant. And short enough for me to just type it:

"Dear Sir

"Please find enclosed a draft letter which purports to come from you which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt no provide any response."

Ok, so hold my hands up, I may have forgotten to sign the letter. However, why in that case have they already responded? They seemed happy enough with it before?

They've also returned my £1 Postal Order!

I'm guessing this is purely a delaying tactic as they've yet to respond with the requested information under CPR31.14.

I will now respond with a covering letter stating that I did send all previous correspondence, with further copies (definitely all signed), making sure I sign that as well. They can have their £1 postal order back and I will state that they seemed happy enough to respond to the unsigned letter so I would question why a signature is now so important to them?

Thoughts? Is there anything else I should add?

Thanks,

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

If you are concerned, you could use the attached.

[nemesis45]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

Hi @charitynw & @nemesis45

Another letter from Restons, this one is brilliant. And short enough for me to just type it:

"Dear Sir

"Please find enclosed a draft letter which purports to come from you which is unsigned.

You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

Please ensure that all documentation is signed failing which we will not acknowledge receipt no provide any response."

Ok, so hold my hands up, I may have forgotten to sign the letter. However, why in that case have they already responded? They seemed happy enough with it before?

They've also returned my £1 Postal Order!

I'm guessing this is purely a delaying tactic as they've yet to respond with the requested information under CPR31.14.

I will now respond with a covering letter stating that I did send all previous correspondence, with further copies (definitely all signed), making sure I sign that as well. They can have their £1 postal order back and I will state that they seemed happy enough to respond to the unsigned letter so I would question why a signature is now so important to them?

Thoughts? Is there anything else I should add?

Thanks,

Did you send the CCA request to Restons? There is no fee attached to CPR31.14.

nem

[Axle_81]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

No CCA went to Arrow Global, plus a postal order. The reason I sent another postal order to Restons was on Charitynjw's advice:

"Whether you want to attach another £1 p.o. & instruct Restons to pass it on to their client is up to you. But 'belt & braces' might not be a bad idea...as you've seen, they are as slippery as eels!"

I didn't say to pass on to their client though I just enclosed it! (Whoops).

I can put that in my next letter, "The postal order was to pass on to your client". Guess it doesn't really matter now though, plus Arrow are now passed the 12 working days requirement.

[charitynjw]

Re: Restons Solicitors - HSBC Credit Card Debt - County Court Claim

No CCA went to Arrow Global, plus a postal order. The reason I sent another postal order to Restons was on Charitynjw's advice:
Lol! Wasn't me......I blame the kitten jumping on the computer keyboard. :santa_cheesy:

"Whether you want to attach another £1 p.o. & instruct Restons to pass it on to their client is up to you. But 'belt & braces' might not be a bad idea...as you've seen, they are as slippery as eels!"
Slipperier, it would appear!

I didn't say to pass on to their client though I just enclosed it! (Whoops).
Whoops

I can put that in my next letter, "The postal order was to pass on to your client". Guess it doesn't really matter now though, plus Arrow are now passed the 12 working days requirement.

So they've bought a debt in your name, (supposedly) sent pre-action letters to you, issued a court claim in your name & at your address, replied to you various times (or their sols have), and they now want your signature as proof of identity?
& without anything to compare your signature to, how could that help them?