Restons/Capital One CCJ advice

[sophia1986]

Hi all

I am after some advice, please. I have been sent - and replied to - CCJ papers in relation to an old debt, said to be from capital one. I have acknowledged the papers and said that I intend to defend the claim in full as I do not recall having a credit card from capital one.

Restons are the solicitors in question. They returned my CRP request saying that I had not signed it (I deliberately left it unsigned) and they would not acknowledge any letters that were unsigned, therefore I do not have the paperwork I requested. Cabot have not replied at all to my CRP request and they were sent almost a month ago and I have the proof of posting/recorded delivery slips.

They have also sent a copy of letters from cabot, saying that they are enough proof to prove the debt, and that I should fill in N9a,admit the debt and pay it or they will get my defence struck out.

Can any one advise me what I should do next? I am all for paying what I owe but I have no proof I actually owe this money and they haven't provided proof either.

Many thanks

[Kati]

Re: Restons/Capital One CCJ advice

tagging [MENTION=55034]nemesis45[/MENTION] xx

[MIKE770]

Re: Restons/Capital One CCJ advice

CPR31.14 should be signed - this a a court case, and is a legal request. sure others will agree?


admit nothing just a ploy of theirs! so get CPR31.14 off signed.

- - - Updated - - -

Check your dates || First Steps

- - - Updated - - -

Check your dates || First Steps

| CCA Request || CPR 31.14 Request

- - - Updated - - -

and start of an initial defence albeit no documentation as referred to in the content of N1 court form.

- - - Updated - - -

and start of an initial defence albeit no documentation as referred to in the content of N1 court form.


Defence Example sure Nemisis45 etc will assist at some point

[MIKE770]

Re: Restons/Capital One CCJ advice

[MENTION=42011]Nem[/MENTION]sis45

[sophia1986]

Re: Restons/Capital One CCJ advice

Hi all,
Thank you for your advice so far. I re-sent the signed letter as advised and I've received a response.

The letter basically tells me off for using a template that I've 'blatantly acquired online' and that I've used it to avoid paying a debt. The letter also states that I would have received a contract when opening the account and suggests I check my personal files.

The conclusion of the letter states that as I've failed to complete a form of admission,then my defence is going to be struck out.

I'd appreciate any advice as to what to do next. I feel like I'm being bullied into paying a debt I don't think I owe (and they haven't sent any proof I do,despite sending the request letter twice). The only 'supporting' documents I've had are copies of demand letters from Cabot - none of which prove the debt is mine.

Many thanks!

[MIKE770]

Re: Restons/Capital One CCJ advice

they are trying it on with you, they are sending a Template letter to you seen on the internet everyday (i.e. they use them) do not bite , they cannot strike anything out only an application to a judge can do if he so wishes, they have not sent the documents you ask therefore they are at fault up to now

keep their response for possible court bundle at a later date stick your ground they are trying to freighten you into submission - these days they fail in most cases they are iliterate animals in their submissions/correspondence.
@Diana M

[Kati]

Re: Restons/Capital One CCJ advice

The letter basically tells me off for using a template that I've 'blatantly acquired online' and that I've used it to avoid paying a debt. The letter also states that I would have received a contract when opening the account and suggests I check my personal files.

The conclusion of the letter states that as I've failed to complete a form of admission,then my defence is going to be struck out.

any chance you can email that to me so I can redact and post it up??

[charitynjw]

Re: Restons/Capital One CCJ advice

Have you sent a CCA s78 request to the Claimant?
If not, do so asap (see [MENTION=3599]MIKE770[/MENTION]'s link post #3)

We also strongly suggest a SAR to the original creditor.
http://www.legalbeagles.info/forums/...quest-template
This info can then be used to compare with anything that the Claimant or their sols deign to send to you.

[Diana M]

Re: Restons/Capital One CCJ advice

The letter basically tells me off for using a template that I've 'blatantly acquired online' and that I've used it to avoid paying a debt. The letter also states that I would have received a contract when opening the account and suggests I check my personal files.

The conclusion of the letter states that as I've failed to complete a form of admission,then my defence is going to be struck out.

That letter from Restons strikes me as 'pot calling kettle black'.

They give you a telling off for sending them a template letter which they have replied to using a template letter.

You say you've filed your Acknowledgment of Service online so check it's showing on the claim status when you login in case there was a technical blip. If you can't login then call the court to check it's showing on the system.

Your Defence deadline will be 33 days from the claim Issue Date (top right of the claim form). Don't miss that deadline or they can enter judgment against you (CCJ).

It's also a bit presumptuous of them to say you would have had a contract when you opened the account. We'll see if that's true when (if) they produce it

Di

[Diana M]

Re: Restons/Capital One CCJ advice

I have acknowledged the papers and said that I intend to defend the claim in full as I do not recall having a credit card from capital one.

. . . . and that I should fill in N9a,admit the debt and pay it or they will get my defence struck out.

Can you just clarify if you only ticked the box saying you intend to defend all of the claim on the AOS form but not entered anything in the section headed "Defence"?

I ask because your above post # 1 (23rd April) refers to a letter from Restons implying that you may have filed a Defence already.

Perhaps this is why there's talk of getting your Defence struck out as having no merit if it didn't plead all the legal arguments to do with the CCA etc. (They can apply for a Summary Judgment.)

Di

[sophia1986]

Re: Restons/Capital One CCJ advice

Hi all,

So the situation with Restons is still ongoing so I am looking for some more advice. I sent off the letters as suggested, and the response was a load of letters they sent to me from the DCA - no contract, no proof, etc, just about 20 DCA letters they claimed to have sent me.

I am now 48 weeks in since they sent the initial CCJ forms, and I never heard anything back from the courts aside the acknowledgement letter of my defence. I have received a letter from Restons asking for full payment which they state that they are 'dissapointed' that they have not yet received. There is no mention of the CCJ,court, previous requests by me for information, etc. They just demand payment.

What is the best course of action to follow now? I could request the information again but I feel like i'd be going round in circles. Also, what happens in relation to the CCJ claim that they put in? Is there a deadline for this?

Many thanks!