lets hope they fail and you will live to see another day and get to court to put your points across in person...they are on the higher ground..just by being there.

Just one late thought that you could check......the name on the witness statement they submitted with their application...is that name on the Directions Questionnaire ?.

If the person that drafts the witness statement does not attend the hearing or is not named on the DQ then the claimant must submit an application to adduce hearsay evidence.

If not the witness statement is not valid.

Also with regards to none attendance at hearing...

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

Hello all, as I've said on this thread many times how grateful I am for all your advice.

As you know my "court date" was last week to hear Arrow/Reston's attempt to strike out my defence and seek summary judgment against me.

On arriving back in the country,

I've had a few letters

- my local court did not email me the outcome of the case despite the fact I emailed them my witness statement.

I, therefore, know very little as to how the decision was made.

Firstly, letter from court states :

A hearing will take place at my local court in July!!

Then two separate letters from Restons:

"Please note that we have been informed by our Client that you were previously issued a letter by the Claimant informing you that as documentation relating to your account was not available, your account was unenforceable.

We have investigated this matter and it appears the letter was sent in error and that documentation is in fact available. We are awaiting copies of said documentation to be provided to us and we shall then send copies to you.

Please note that at the hearing last week the claimant's application to strike out your Defence and to enter judgment against you was adjourned for a period of 3 months. We are currently awaiting a further hearing date."

Clearly this letter was written before the new court date had reached them.

However, there was another letter from Restons in a separate envelope waiting for me.

It was dated the same date (the day after the court case last week):

"In view of the error made in the issuing of the Claimant's letter dated 02 March 2017, our Client has asked us to contact you with a view to resolving this matter amicably, which would negate the requirement for Legal Proceedings to continue.

We therefore write today to inform you that our Client would be willing to accept the sum of £2500 as settlement of your account and this figure is valid until 31 March.

Upon receipt of the settlement sum by this date, we will send you a settlement receipt in the post and notify the Court that these proceedings can be discontinued.

We will then close our file and return the account to our Client who will update your credit file at the CRA.

Your credit file will show that this account has been partially satisfied and any entry on your file may remain there for a period of 6 years from the date of the default.

We await your response."

Quite an interesting turn of events.

Suffice to say - I'm not completely sure which letter I received in error!!

Also, I don't have £2500 to pay by 31 March.

But, surely making this offer makes it sound like they are buckling?

Any advice please?

Cheers.

B

agreed something is going on at restons

that's the second short settlement [begging] letter we've seen here today.

discontinuance to come soon I bet!

11k to 2.5K...smacks of desperation:!:...ask them can you pay monthly by way of a Tomlin Order...no costs

Do I need to make the next move?

How do I find out the reason for the adjournment?

Is this simply to allow Arrow/Restons time to get some documentation together?

I'm still uncomfortable about "accepting" liability and effectively accepting their offer?

Would there be much point in trying to negotiate? Down to £1500 perhaps in instalments?

I assumed their £2500 offer was "all in" - no "costs" to be added?

Do I need to make the next move? no

How do I find out the reason for the adjournment? its says paperwork issues

Is this simply to allow Arrow/Restons time to get some documentation together? it says that

I'm still uncomfortable about "accepting" liability and effectively accepting their offer? you haven't

Would there be much point in trying to negotiate? Down to £1500 perhaps in instalments?

I assumed their £2500 offer was "all in" - no "costs" to be added?

why? they might no even have any enforceable paperwork.

sit on your hands imho.

dx

A further reason for the adjournment is that their application for Summary Judgment has failed....the court believes that this should proceed along the normal procedure.

Another letter from Restons today. They made a mistake with their settlement offer. Should have been around £9400!! (I think that's around £2500 discount) are they allowed to just change their offer??

prob doesn't make much difference seeing, as you said, you 'don't have £2500 to pay by 31 March'. otherwise, cld've maybe tried to make something of it?

My internal brain has suffered a temporary meltdown.

I convinced myself my court date was in August, and had been preparing myself to get ready in plenty of time. Then I got a letter from Restons with copy of their witness statement for case on Wednesday!! That's three days time.

Just re-read my posts on here and I did say July on here. Apologies, but I'd like to request some last minute advice for what to do in terms of court case. As an update on this case, the main sticking point was the lack of t&c with the copy of agreement that Restons/arrow sent me.

Within this new evidence pack, they've included the following statement ( no access to scanner at the mo, will hopefully upload tomorrow): "exhibited to this witness statement is a reconstituted copy of the Personal Loan Agreement Terms and Conditions which embodied the Agreement the Defendant entered into with the original creditor."

So, first question is: is this good enough? Why did it take them so long? I'm feeling nervous going to court, up against solitors, and not knowing whether my defence is enough to convince judge. Also, is it too late to add anything new? Any help at this stage would be hugely appreciated.

Thanks BF

suggest you re read your thread

its already here

your loan is 2003

recons don't wash pre apr 2007.

dx

Thank you

So you have not complied with the court directions in preparation for the hearing.....they can ask the court to strike out your defence for none compliance.

Sorry Andy, I wasn't aware of any directions to comply with. All I was sent was the date, after the previous court date where they sought judgement against me

Right I am up to speed...the last hearing for summary judgment/strike out was adjourned for 3 months...so this is simply continuing from were you left off last time..you have your witness statement...did you submit it before the last supposed hearing?

Yes, sent to court and Restons seven days before hearing in March. In terms of the reconstituted t&C's, is that a done deal? Thanks. I'll get back tomorrow with more. Bedtime now I'm afraid. Thanks for your expert help.

your agreement is 2003 recons do not wash

dx

Is it worth me uploading the letter from restons and the reconstituted T&Cs?

Is it worth me uploading the letter from restons and the reconstituted T&Cs?

Critical if you want an opinion that they have complied with the court..the court did adjourn for this reason ?

attached;

After scanning it, I had to convert it to editable document to redact it.

In doing this, the conversion has created a few peculiarities - spelling mistakes etc.

Just to confirm, there were no obvious spelling mistakes in the original document.

The "important" part about the provision of "reconstituted T&Cs" read as I noted in a previous post yesterday.

Any assistance greatly appreciated as usual.

Many thanks (wish me luck!!)

ok, here goes

in two parts

sorry for making it difficult to help me.

reston WS.pdf

is that IT?

wheres the signed agreement?

and a generic copy of the supposed T&C's???

no wonder they were offering a 90% discount

that's WS and exhibits are crap even by reston stds

they should be including a copy of the recon CCA in their WS [witness statement] too

obv a clerical error.

dx

Thanks Dx for tidying it up,

but my last few posts with answers to your questions have disappeared!

Pages 6-9 and 10-13 of my upload were duplicated by Restons in their letter to me, and they are the reconstituted T&Cs.

The signed credit agreement was sent to me last year and were uploaded in post #29 on this thread.

Thanks.

well lets hope they remember to send it to the court then...

Cheeky gits.....Application for SJ disallowed and they still ask for costs......BF was they asked to submit a further witness statement?