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John Lewis / Restons Court Summons Help Please


JK36
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Hi all

 

Well Reston's have landed me with a court summons for my John Lewis credit card.

 

Sent I note in response to my "do not acknowledge debt" letter.

 

i attach copy of summons and what they claim is my agreement namely an application form, with no date from me and a non consistent date from them.

 

The first time they sent this, all i got was the front page and some copy statements, Restons have more recently sent the attached with T&C, though i dont think the T&C are from the "agreement" as they have current type terms in like £12 default charges etc.

 

I have browsed around so have already sent off the letter I found on here to ask for all the data from them.

 

Service date for the claim is 19th, ie today, so I have 28 days to write a defence. I have given them 14 to send back the docs.

 

 

 

http://i625.photobucket.com/albums/tt331/Diz36/JLcourt.jpg

http://i625.photobucket.com/albums/tt331/Diz36/JLagreement.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0006.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0005.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0004.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0003.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0002.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0001.jpg

 

Advice please!

 

Many thanks

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I would remove the bar code in your first image.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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The POC's are very vague, if you want to defend this then you have to acknowledge the claim within 14 days of the date on the claim form, if you state that you are defending then you get s further 14+3 days in which to submit a defence.....usually the first thing to do is to send off the CPR31.14 (have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html ) send recorded to Restons

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][*delete if no such request was delivered*]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

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Thanks so far

 

I have acknowledged the claim and said i will defend it.

 

I have a sent a letter along the lines of the one you quoted which I found from other posts, sorry hadn't realised that was a "CPR" !

 

Re default notice, i don't know if it was valid, it was back in January, I'll dig it out and scan a copy today

 

Cheers

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Also, no I don't know how much of debt is charges, I'd have to sit down and work that one out which will mean collating my statements over a few years. Not sure if I have them from day 1 though i have a couple of years worth, IF they decide to answer the letter and send all the info i guess I'll get copies then (won't hold my breath!)

 

JK

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Here is the Default Notice.

 

Will this make any difference?

 

http://i625.photobucket.com/albums/tt331/Diz36/JLDefault1.jpg

http://i625.photobucket.com/albums/tt331/Diz36/JLDefault2.jpg

 

http://i625.photobucket.com/albums/tt331/Diz36/JLletter.jpg

 

Also attached letter sent prior which gave until 15/1 to pay £85 (yes they defaulted on £85! and only 2 month non payment, if that) Default notice is issued 2 weeks before this deadline on 1 Jan.

 

Thanks

 

JK

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No, I didn't, that was months ago and i wasn't so up to speed on all this stuff then unfortunately

 

1 Jan is a Bank Holiday though, so there wouldn't; have been any post that day.....

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so, 1st Jan is a BH on a Thusday, which would make the postage day Frday 2nd Jan.

 

The DN, posted 1st Class, would be deemed served on Tuesday 6th Jan (two working days).

 

Alllowing you 14 days to remedy would be 20th Jan not 19th Jan as stated on their DN.

 

Therefore the DN is ineffective.

 

Make sure you put the claimants to strict proof of date of postage together with proof of postage.

 

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Thanks

 

Just another thought, should I send in a SAR? Just in case I need to calculate charges?

 

I know they probably wont; respond in time....................

 

I gave them until 1 May to respond to the CPR letter, not sure mine was as good as the one suggested above, will this matter?

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the SAR might also disclose the date they posted the DN!

 

 

Hopefully, you should get a Communications Log of the account which will show every manual intervention and letter that was sent against the account.

 

If they don't send one, give them 7 days to produce it or take them to court for non-compliance. ( Cost £30.00 )

 

Keep us updated.

 

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Just had a letter back in response to CPR request. It's from the Subject Access Request Team and wants me to complete a form, send £10 and a copy of my passport or driving licence!

 

It's dated 30/4 - I gave them until 1 May to respond to CPR letter. :evil:

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John Lewis

 

I actually sent the CPR letter to both!

 

 

That's why you've got the response from the Subject Access Request team of John Lewis.

As they have rightly pointed out, if you wish for a copy of the data they hold on you, it will cost £10.00

 

However, I'm presuming that Restons have not responded to your CPR letter.

In which case send them this letter -

 

Your name

Your address

Your postcode

Date

Restons,

Mandarine Crescent

WA1 1GG

 

Re:

In the Northampton County Court

JL v You

Claim Number: **************

Dear Sols,

 

I made a request for documents under CPR 31.14 on the **th April 2009 to which you have failed to respond.

I hereby give 7 days notice for you to respond to my request or I will apply immediately for a Court Order seeking compliance together with my incurred costs.

Please find enclosed a copy of the CPR31.14 request for your ease of reference.

I look forward to your due diligence in the matter and look forward to hearing from you.

 

 

Yours faithfully,

Print Name

Amend to suit, send Recorded Delivery and do NOT sign.

 

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Hello JK36!

 

It will be interesting to see how they managed to fit all of those Terms onto the back of that Application Form!

 

The Application Form only seems to make reference to Data Protection issues being overleaf, there is no mention on the front that you need to look on the back to see anything else important. Like, say, let me think now...like the Prescribed Terms!

 

Cheers,

BRW

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