Restons Solicitors and made up payment

[righty]

Re: Restons Solicitors and made up payment

When you write back I should also thank them for their clairvoyance in answering you letter before you sent it:tinysmile_aha_t:

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi everyone. I wrote back to Restons explaining all the discrepancies and they basically just ignored what i had said.
They have now brought in a new ''client'' namely Marlin financial services as they have told me that that is who told them that a payment had been made against my account.
Thay have said I will hear from them when they get the Statement of Account off of their clients.

Am I supposed to just wait around for them to produce this ?
They havent told me how where, or how much the payment was for even when i asked and said they are waiting for those details from their client.

Surely to god you need to know this stuff before you take someone to court about it ??

I have purposely never signed a letter I have sent to them and I got a snotty letter from them saying please sign future correspondence at all times.
Do I HAVE to sign my letters ?

Thanksw for your help everyone

Nichola

[Nichola1970]

Re: Restons Solicitors and made up payment

I have just phoned the court and they have informed me the case is stayed becasue Restons didnt reply within the 28 days ?

Is this good or bad ?
Thanks
Nichola

[Kati]

Re: Restons Solicitors and made up payment

I have purposely never signed a letter I have sent to them and I got a snotty letter from them saying please sign future correspondence at all times.
Do I HAVE to sign my letters?

I don't see why you should ... Most people just use a different font than that used in the main letter :confused2:
Although, you could sign it using an anti-tamper strip if you wanted?
K x

[righty]

Re: Restons Solicitors and made up payment

I have just phoned the court and they have informed me the case is stayed becasue Restons didnt reply within the 28 days ?

Is this good or bad ?
Thanks
Nichola

Why is it stayed? why hasn't the court giving you a default judgement? They would have if boot was on the other foot.

Complain that's its one law for them and another for LiP's AND that staying the matter IS prejudicial to you because it leave you high and dry not knowing if this alleged debt is enforceable or not

[FlamingParrot]

Re: Restons Solicitors and made up payment

Why is it stayed? why hasn't the court giving you a default judgement? They would have if boot was on the other foot.

Complain that's its one law for them and another for LiP's AND that staying the matter IS prejudicial to you because it leave you high and dry not knowing if this alleged debt is enforceable or not

The court doesn't give default judgment, the claimant has to request it.

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi everyone thanks for your replies and help yet again

When I phoned the court the lady said that the claim is stayed but can be lifted by the claimant if need be.
Does this mean I just have to wait around till they do or dont decide to do this ?

Can I write a letter to the court asking for it to be struck off as the claimant didnt reply within the 28 days (the reason it is stayed). Restons quite obviously didnt reply within that time limit as they didnt have the information

Has anyone by any chance got a draft I can send to the court to have it struck off if I am able to do that.


Thanks in advance
Nichola

[Nichola1970]

Re: Restons Solicitors and made up payment

Any help with this would be great
Thnaks lots
Nichola

[righty]

Re: Restons Solicitors and made up payment

The court doesn't give default judgment, the claimant has to request it.

Agreed the OP needs to make a strike out application otherwise this will be hanging over them for goodness how long

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi could anyone possibly help me with this. I am not quite sure what to write to the court to get it stuck out.

I havent heard from Restons since they told me they would get back to me when they found out details of my supposed payment.

Thanks inadvance
Nichola

[Nichola1970]

Re: Restons Solicitors and made up payment

:tinysmile_cry_t:

[Amethyst]

Re: Restons Solicitors and made up payment

Hi Nichola, you look so sad xxx I'll have a read see where we're at.

[Amethyst]

Re: Restons Solicitors and made up payment

Okay so you want to apply to the court to strike out the claim.

This will cost you £50 (for without a hearing) - though if you are eligible for fee remission it could cost nothing (see the EX160 )

Court and Tribunal Fees - do I have to pay them? This leaflet includes the EX160 Application for a Fee Remission Form.

The form for the application is the N244 - n244-eng.pdf (PDF 181KB)

If you can hang on a couple days Mitty ( http://www.legalbeagles.info/forums/...Carter-Lowells ) is going to post up their application which was successful - took a while though so have a read of the thread - they wrote a letter first but got told to put an application in - which has happened quite a lot recently so I think best to go directly for an application now.

You're basically asking for a strike out based on abuse of process by the claimants.

[mitty68]

Re: Restons Solicitors and made up payment

Complain that's its one law for them and another for LiP's AND that staying the matter IS prejudicial to you because it leave you high and dry not knowing if this alleged debt is enforceable or not

I've been in county court 3 times and from my experience I wouldn't make that kind of complaint - think what it's accusing the DJ of - I think they'd take a dim view of that which probably wouldn't help your case. It's all about the evidence and if there's no evidence then they work on the balance of probabilities - keep any emotion out of it.

A couple of other things I picked up is that the county court avoids striking out cases and apparently it's fairly rare (though it seems quite common on here!) I think they try and avoid it because they believe the case should have a proper hearing. This meant that my first strike out request with hearing, was changed by the judge to a court order for documents without a hearing - the order basically backed up what I had already requested (on my BC thread you can see the results of my earlier N244).

I then applied for my second strike out, this time without a hearing, based on the breach of the first order. The judge changed this to a hearing and I've read that DJ's rarely strike out cases without a hearing as it's the claimants last chance to make their case.

Together with the witness statement below, there was obviously the N244 form, a costs sheet and an evidence pack with all the exhibits that are referred to. Obviously don't copy my statement as my grammar is pretty dodgy and I think a lot of the terminology is wrong! There's probably far more info than I actually needed - but hopefully it will give you something to work off. Basically you're writing a story of what's happened and explaining what they've done wrong. As a litigant in person the judge has to make allowances for your lack of legal knowledge so don't worry too much about having everything set out correctly - just make sure it has all the facts:















******** 2014

In the **************County Court
Claim Number: **************

Between:


****************************

-And-

****************************

_________________________

WITNESS STATEMENT OF

**************************
_________________________

1. I *********************** being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for a strike out due to the claimants breach of a previous court order and non-compliance with CPR 31.14.

2. The claimant first contacted me regarding the alleged debt in March 2013. I requested that the claimant send me proof of the debt in the form of a true and legible copy of the agreement and the deed of assignment. The claimant failed to supply me with the documents despite me requesting them numerous times. The requests were sent via recorded delivery. (Exhibit 1)

3. On the ********** 2014 I was issued with a claim form by the Claimant.

3. On the ********** 2014, I sent a letter to the Claimant’s legal representative, Bryan Carter Solicitors, requesting under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)

4. The request was sent via recorded delivery (Exhibit 3) and it was delivered to the legal representative’s office on ************* 2014. (Exhibit 4)

5. On the *********** 2014, the Claimants legal representative replied to my letter stating that I should refer to my own records of the documents. (Exhibit 5)

6. On the ************ 2014 I applied to the court for an order for the claimant to supply me with documentation listed 1-6 on my letter dated ***************2014 (Exhibit 2). The order was made on the ********** 2014 (Exhibit 6) which gave the claimant until the ************** 2014 to supply the documentation.

7. On the ******************2014, the claimant supplied a statement of account and also another illegible document (Exhibit 7). This did not comply with the court order.

8. Despite failing to comply with the court order, the claimant applied for default judgement in early ***************, but this was refused by the court due to non-compliance with the order. This means that the case is now in limbo as the claimant obviously does not hold the documents on which their case relies, or I would have been supplied them at some point during the 2 years of requests, including the recent request backed by court order.

9. On the *************October I telephoned the claimants solicitors, and offered to settle costs if they we’re willing to discontinue their claim. The advisor that I spoke to said that this was not possible and that “currently they are in discussions with the court”. I replied that I thought that was unlikely and a later call to ********* Court, confirmed that there were no discussions taking place.

10. The Claimant and their representative have shown clear disregard of the court order (Exhibit 6) and of CPR31.15 which clearly state that;

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.



11. The CPR 31.14 is outstanding to this date, and having given the claimant every opportunity to comply, it is not possible to submit a defence without the documentation on which the claimant’s case relies. In view of the claimants conduct, I respectfully request that the case is struck out.

12. I have attached a summary of my wasted costs incurred to date due to the claimants actions.

13. Statement of Truth:

I, *****************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed:



Dated:

[Nichola1970]

Re: Restons Solicitors and made up payment

Hi thanks for the replies stupid me thought no one was answering and didn't see there was another page to the thread.
I have asked Restons for proof but just in my letter is there a legal form I have to send them to ask for the proof of debt and the proof of the payment they claim I have made. I've nothing from them fir 2 months now. I really don't understand why ordinary folk have to jump through hoops because of obviously very dodgy solicitors using scare tactics to trick people.
Thanks again guys much appreciated.