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Help with Court summons from Restons


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Thanks Doch for your input very much appreciated.

 

Yes I just wanted someone to read it through first and make comments, then I will do all the neccessary.

 

I will be faxing it on Monday mid-day or so.

 

So we have untill then to finalise it.

 

PLEASE GUYS HAVE A LOOK FOR ANY CHANGES ECT..

 

Thanks to everyone for their support, time, effort and most of all for giving their time to help others, which is the most valuable thing at present.

 

Regards.

 

G

Thanks for caring... G

 

It's never as bad as it seems...

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I have now sent off my defence by fax as suggested.

 

Just like to thank everyone for their support and good wishes.

 

Will keep you updated of future events.

 

 

Thank you very much.

 

Kind regards.

 

G

Thanks for caring... G

 

It's never as bad as it seems...

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Good luck with your case G.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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  • 1 month later...

Hi all,

 

An update on my case.

 

After sending the defence the courts confirmed receipt and informed me that Restons have 28 days to reply that was on the 15th April.

 

I have not received anything since then.

 

I checked the money online site and it showed that the case has now been transfered to my local court.

 

Now i am not sure if that is done automatically after the 28 days are over or has Restons sent the court a reply?

 

I am still waiting for restons to respond to the defence.

 

Does anyone know what happens next?

 

Thank you all.

 

Kind regards,

 

G

Thanks for caring... G

 

It's never as bad as it seems...

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I have today received the Allocation questionaire N150 from the courts.

 

I need some help please to complete this, never done it before?

 

I have looked at some of the threads, but I only saw the ones for making a claim against the Bank for charges.

 

Well my case is different as I am defending a claim from a DCA Restons/HFC.

 

Can someone please help me, the form has to be sent by 2 June 2008.

 

Section A

 

1) ...do you want to attempt settle at this stage? do I say yes or No.

 

2) Then ...if Yes do I want a one month Stay? ...???

 

3) Would you like the court to arrange a mediation appointment?Yes or No

4) If No give reason why it is inappropiate to try and settle? ???

 

Section B

Location of Trial. Why? - My local court?

 

Section C. Pre-action protocols. Have you done so? Yes/No

 

D Case management information.

What amount of claim is in Dispute? - I presume all of the claim?

 

Have you made any applications in this claim?

If yes what for? - I presume this is No.

 

Witnessess.

Myself and my spouse...

 

And the list goes on... I am not quite sure what to put down.

 

HELP...!!!

 

PLEASE...

 

Kind Regards.

 

G

Thanks for caring... G

 

It's never as bad as it seems...

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I have today received the Allocation questionaire N150 from the courts.

 

I need some help please to complete this, never done it before?

 

I have looked at some of the threads, but I only saw the ones for making a claim against the Bank for charges.

 

Well my case is different as I am defending a claim from a DCA Restons/HFC.

 

Can someone please help me, the form has to be sent by 2 June 2008.

 

Section A

 

1) ...do you want to attempt settle at this stage? do I say yes or No.

 

2) Then ...if Yes do I want a one month Stay? ...???

 

3) Would you like the court to arrange a mediation appointment?Yes or No

4) If No give reason why it is inappropiate to try and settle? ???

 

Section B

Location of Trial. Why? - My local court?

 

Section C. Pre-action protocols. Have you done so? Yes/No

 

D Case management information.

What amount of claim is in Dispute? - I presume all of the claim?

 

Have you made any applications in this claim?

If yes what for? - I presume this is No.

 

Witnessess.

Myself and my spouse...

 

And the list goes on... I am not quite sure what to put down.

 

HELP...!!!

 

PLEASE...

 

Kind Regards.

 

G

 

Dear G

I am just going through the same nightmare myself and went to see a solicitor last week as I couldn't ge t any help from the CAB (appalling people!) or from here.

 

Here is what I learnt from him...

 

I don't know whether/how you are defending yourself but the attempts to settle section on the form should be filled in appropriately. ie if it is not appropriate to settle for whatever reason - say so.

 

BUT BE AWARE THAT IT IS APPARENTLY IN THE CIVIL PROCEDURE RULES THAT BOTH PARTIES SHOULD BE ATTEMPTING TO SETTLE AND THEREFORE DO MAKE AN OFFER IF POSS AND HOWEVER MEAGRE. USE THE TEMPLATES ELSEWEHRE ON cag SITE TO WRITE THE WITHOUT PREJUDICE LETTER. STRI9CTLY SPEAKING THIS DHOULD GO TO THE SOLICITORS IN QUESTION, BUT AS A LITIGANT IN PERSON i SUGGESTED TO MY SOLICITOR THAT IT WOULD BE SENSIBLE TO COPY IT TO THE CLAIMANT BECASUE SOME FO THE SOLS METIONED ON HERE GIVE THE DISTINCT IMPRESSION THAT THEY SON;T WANT YOU TO SETTLE OUT OF COURT!

 

Why would you want a 1 month stay? THis will only delay things and maybe give the claimants more time to find "evidence" etc.

 

3 & 4 relate to above. If it is not appropriate to settle/mediate say why.

 

Are you disputing all the moeny or just collection costs, charges etc? Complete accordingly.

 

I'm afirad I had to bite the bullet and aggree to nearly £200 p hr (for a solicitor) becasue I fdidn't want to do the wrong thing! I can't answer all of your qs as he is going to fill mine in for me but i hope this bit helps. You and I are probably going thorugh the xsamt hing at the mo so keep an eye on my thread too. I can't update it very often but will try to do what I can as I want to help others and keep in touch with them too.

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Settlement - No.

Mediation - your call. It won't deal the claim, as mediation is separate to your claim completely.

Location - your local Court

Pre-action protocols - there aren't any for your claim.

Amount in dispute - from memory (sorry, no time to scour the thread again right now) you're disputing the whole debt as being unenforceable, so enter the whole amount of the claim.

Applications - No

Witnesses - anyone you're calling to the Court. Include yourself.

 

Lottery-loser - £200 per hour? Don't do that again! :p Which thread is it that you didn't get help on, so I can subscribe to prevent you having to pay that again? Did you PM a site helper/Mod to get some help? Did you look around the forum to find similar cases, before coughing up? (If not, my paypal address is.... Just kidding!)

 

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Thanks chris.

 

I also need help to fill in the rest, so i will post each section one by one, if that is alright.

 

I think this would also benefit other people later too.

 

So I will post each question seperately.

 

I appretiate your help.

 

Thanks

Thanks for caring... G

 

It's never as bad as it seems...

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Thanks for that lottery-lose.

 

I was planning to get advise from a solicitor, but I think there is no need as we have CAG, who I must say is brilliant...!!!

 

Now in your case, have you had any replies from the DCA/solicitors?

 

Because i am trying to work out whether Restons have filed anything with the courts, or have I just received the N150 as a default for them not responding to my defence???

 

Thanks

Thanks for caring... G

 

It's never as bad as it seems...

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  • 3 weeks later...

Hi just reporting to say I have heard nothing from anyone, the Court or Restons...???

 

It has been over 14days now since the deadline to submit N150 AQ form.

 

Does anyone know what to do now?

 

What would be my next move?

 

Do I just sit and wait?

 

Thanks G

Thanks for caring... G

 

It's never as bad as it seems...

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I have today received a Notice of hearing on the 1st Sept 2008.

 

Restons have filed form N244 Application notice.

 

I will post copies of the papers they have sent.

 

They have sent a copy of the application form with signitures but no terms and conditions.

 

They have mentioned that. " the Defence appears to follow the format suggested on certain consumer based websites and is both inappropiate and ineffective ; the express outcome of this request is said to be the deliberate frustration or the delay of the legal by requesting information which, it is hoped, cannot be provided. This is abuse of the Court process in the opinion of the claimant."

 

They have served a Default notice which I have never received before.

 

Also there is a statement of account.

 

I will post copies of these later.

 

I will need help to fight this so please try and help.

 

Thanks G

Thanks for caring... G

 

It's never as bad as it seems...

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Hi G

 

I have today received a Notice of hearing on the 1st Sept 2008.

 

Restons have filed form N244 Application notice.

 

I will post copies of the papers they have sent.

 

They have sent a copy of the application form with signitures but no terms and conditions. As per usual :rolleyes:

 

They have mentioned that. " the Defence appears to follow the format suggested on certain consumer based websites and is both inappropiate and ineffective ; the express outcome of this request is said to be the deliberate frustration or the delay of the legal by requesting information which, it is hoped, cannot be provided. This is similar to what they said to me, and I've seen at least one other report from someone else on here. :rolleyes:This is abuse of the Court process in the opinion of the claimant." I think they're clutching at straws! They would never abuse the court process themselves would they? :rolleyes::o

 

They have served a Default notice which I have never received before. Is this the first DN, or an additional one? Post it up anyway after removing personal details. Leave the dates on as HFC are notorious for getting the time allowed to remedy wrong, although lately they have been issuing 'copies' which comply, even when people already have invalid ones in their possession! :rolleyes:

 

Also there is a statement of account.

 

I will post copies of these later.

 

I will need help to fight this so please try and help.

 

Thanks G

 

Cheers

Rob

Edited by robcag
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Hi Paul I am trying to post docs.

 

I have scanned them and uploaded on to photobucket, but can't remember what to do next, can you help.

 

Thanks G

Thanks for caring... G

 

It's never as bad as it seems...

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Here are the docs I received today.

 

I would very much appretiate all of your help and guidance.

 

Never been down this route before.

 

Thanks. G

N244 Summary Judgment_No-info.jpg

N244 Summary Judgment side 2_no_info.jpg

Application Form_no_info.jpg

Default Notice P1_no_info.jpg

Default Notice P2.jpg

Thanks for caring... G

 

It's never as bad as it seems...

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