After six months Restons try their luck

[Dragonmc]

http://s10.postimg.org/3tr7vv6c9/20141016_133358.jpg

Hi there all, I'm back! Haha. I know, I know. Sorry to be as impertinent as to ask for some guidance again but it appears the plot thickens slightly.

To summarise where we are a claim was issues in late Feb 2014, Acknowledgement of Service a few days later in March which was received. Defence submitted late March which was also received.

I called the Courts after over a month passed and they confirmed they heard nothing from Restons. And I'd heard nothing from April until today, so that's 6 months!

They sent me this letter which I received today. Now I'm a little unsure what to say if anything? They didn't respond to my defence in over 6 months so I thought this was stayed and they'd have to re-file a new claim? I am probably wrong here.

The form showing a payment in 2009 is also literally a few ccolumnswith dates and cash amounts with no details on what account it's too or from, what it is or anything. I'd appreciate any guidance on how to proceed.

Thanks as always.

[Kati]

Re: After six months Restons try their luck

For reference :tinysmile_twink_t2:

[Amethyst]

Re: After six months Restons try their luck

6 months ?

They SHOULD have to apply to the court to lift the stay and continue the claim. So you might want to check with the court.

When you come to court disclosure/witness statements etc you want to put them to strict proof of where those amounts have come from. It does help if you canget transaction lists or copies of statements covering the period they say you made payments to them, to show that you didn't. If they dispute then they should be told to demonstrate where those amounts came from, by what method they were paid and to whom they were paid.

[Dragonmc]

Re: After six months Restons try their luck

Hi there,

So the saga continues! And on Christmas Eve no less! Today I received an N24 General Directions Order. Haven't had any further correspondence or anything else since.

I don't really understand what this is!

[Dragonmc]

Re: After six months Restons try their luck

Here is what the letter said, any help greatly appreciated.

[Amethyst]

Re: After six months Restons try their luck

Can you copy the page that shows payments and put it up here? Also do you have access to banking statements from that period to cross reference, or are they actually saying you paid in cash? Do they include the same amounts they sent you before ? pre default ? or just show payments after assignment to Marlins ?



Also did you ever get a response to your CCA request ? ( and did you mention the agreement in your defence ? ) or is this actually for an overdraft on a current account ? I know you originally thought it could be a loan ? do you know what it is now?

ie. we need to work out what our defence is and where we stand before we decide whether to apply to strike the buggers out or let them get it to a hearing.

[nemesis45]

Re: After six months Restons try their luck

A marked not inconsiderable number of Cabot/Reston cases coming to light now where court documents have been delivered on Christmas Eve, planned? I think so as it seems many of these claims are for very, very old debts.
Most likely to be statute barred.
If as in this case a " mystery" payment is alleged it must be robustly challenged and checked out completely.

[Dragonmc]

Re: After six months Restons try their luck

I've not reviewed anything else. I got a receipt of acknowledgement about my defence stating they had 28 days and it will then be stayed. That's long since passed and now receive this, I presume it's an order to lift the stay?

As memory recalls it's an old overdraft originally that was then paid off with a loan, that would now be statute barred.

Despite several requests they have not been able to supply me with any evidence of payments coming from me, or any account details for that matter, instead the threat of constant court action is their trump card.

I guess I have to respond to the courts? It's a lovely way to spend Christmas I'll be honest!

[nemesis45]

Re: After six months Restons try their luck

The document showing the £125 payment is rather vague who issued this statement?
Did you actually make this payment?

[ostell]

Re: After six months Restons try their luck

From the original post it looks like the claim was issued February. The document says the last payment was 9th Jan 2007. That give the last payment 7 years 1 month before proceedings. Has somebody shot themselves in the foot?

[Dragonmc]

Re: After six months Restons try their luck

That's what I thought but still it goes on! The £125 docs are on blank paper, they were supplied by Marlins and Restons.

There's no details of where it was paid, how and so on.