sorry it took so long to reply back
i went to the hearing about three weeks ago.
Arrived and signed in, the solicitor heard me and seemed to look dismayed that i had turned up.
I waved and said hello poiltely.
- unfortunately the only free seat was near him.
He leaned over and asked me if I needed to know anything, I politely said no thank you.
He then said, there are a few more cases before ours so we probably would be waiting about 2/3 hours.
I felt like he was trying to psych me out, I could be wrong - maybe he was just being helpful.
20 minutes later we were called in.
We went into the court room and began.
The judge said the only sticky point was whether the default notice had been sent.
He looked at the screen shot that supposedly said the default notice had been sent.
He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.
He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent.
the solicitor seemed flustered.
the judge said it would need to go to trial.
I mentioned that this process has been ongoing for over 16 months with the case being stayed because they hadnt yet sent the requested default notice yet so they obviously havent got it.
The judge asked me what I wanted him to do.
I cheekily asked him to strike out the claim
- luckily he has a slight sense of humour and didnt take this negatively.
He stated there wouldnt be any point doing this as the claimant could get a default notice and re start a claim.
a trial was requested with no further fees as they had lost.
The judge said to me,
"You have won the battle, but not the war yet!"
He also advised that all the debt collector wanted was the money I owed, so to think carefully about what I was going to do.
As we left, the solicitor said that he didnt actually work for restons and said that all they would do was use a reconstituted (think that was what he called it) default notice letter like they did with the credit agreement.
He said that they will use another notice and just copy and paste my details and the date onto it and use that.
I said that sounds a bit faudulent to me.
He replied, well thats what they probably did with the credit agreement.
Then he said, if you phone restons and offer £900 to settle (the whole claim is £2600 with fees), they would snap my hand off.
I said thank you and left.
A few days ago I received a letter from the court detailing the outcome from the hearing.
Then yesterday, I received a letter from restons stating that the claimant (cabot) are discontinuing the claim and have logged this discontinuiation with the court and all further correspondance needs to be to cabot.
Now, what do i do now?
Is this another tactic in the long winded game?
Will cabot now re-hash a default notice and start another claim?
Thank you -sorry for the long post!