Advice on Defence

[KC1]

Hi.
Looking for some advice, please.
In March of this year my husband suddenly received a summons from Northampton Court regarding alleged card debt going right back to 2010. He actually had no knowledge of this debt, and assumed it had been run up by his ex wife. The claimants are Restons.

He filed a defence but used grounds of it being stature barred as he had never heard of the matter before. Nothing more happened and seven months on we had forgotten all about it.

However this morning another letter has arrived from Restons, saying that they served a default notice on him in March 2010 and therefore the debt is not statute barred. They have enclosed a copy of the letter which was sent to an address he did not live at when the letter was sent,but he had indeed lived there in the past.

They also refer to his having made a payment on the debt on 21/4/2010. He says this is not the case and they have not enclosed any evidence of this.

They say they will be applying to the court to have his defence struck out.

My questions are really

Can they do this after 7 months?
What other evidence would they have to provide to prove this debt exists?
Will he get the chance to attend court or will this all happen with no further notification to him?

Many thanks for any advice.

[nemesis45]

Re: Advice on Defence

Hi.
Looking for some advice, please.
In March of this year my husband suddenly received a summons from Northampton Court regarding alleged card debt going right back to 2010. He actually had no knowledge of this debt, and assumed it had been run up by his ex wife. The claimants are Restons.

He filed a defence but used grounds of it being stature barred as he had never heard of the matter before. Nothing more happened and seven months on we had forgotten all about it.

However this morning another letter has arrived from Restons, saying that they served a default notice on him in March 2010 and therefore the debt is not statute barred. They have enclosed a copy of the letter which was sent to an address he did not live at when the letter was sent,but he had indeed lived there in the past.

They also refer to his having made a payment on the debt on 21/4/2010. He says this is not the case and they have not enclosed any evidence of this.

They say they will be applying to the court to have his defence struck out.

My questions are really

Can they do this after 7 months?
What other evidence would they have to provide to prove this debt exists?
Will he get the chance to attend court or will this all happen with no further notification to him?

Many thanks for any advice.

Good morning, welcome to LB,

Restons is affirm of solicitors and will no doubt be acting on behalf of a debt purchase company, so who is the claimant?

Restons will not have issued a default notice that would have been done by the original creditor.

I think we need more detail on this debt.

1. Who is the claimant.

2. Who was the original creditor.

3. How much is claimed.

4. What type of account was this

5. When was the claim issued (date in top RH corner of the N1 claim form. (important)

Have you sent any requests for documents since the claim was issued?

Please post copies of any of Restons letters and the claim form after removing names address and claim number.

If you have any probs doing this I sure [MENTION=49370]Kati[/MENTION] will be able to assist.



nem

[Diana M]

Re: Advice on Defence

Your husband should immediately send a Section 78 CCA Request to the Claimant including a £1 postal order (that's most important).

He should also send a CPR 31.14 Request to Restons Solicitors and at the same time let them know he's sent a CCA Request to the Claimant (enclose a photocopy).

The addresses for both will be on the front of the claim form (N1).

From what you say the claim is currently stayed (a pause button put on by the court about six months ago). If the Claimant wants to lift the stay they need to apply to the court which they are less likely to do if there is a s.78 CCA Request outstanding which needs to be complied with before they can enforce the debt in court..

Di