Restons,John Lewis card Help!!

[joell1974]

Received a claim form from Northampton County Court issued by Restons. After getting into difficulties with a John Lewis Card our account was passed to Restons have been paying them £110 per month since September 2009. However in July 2010 payment was 4 days late due to my husband's change of job and payment date. Particulars are 27/08/2008 Default balance £7439.78 post refrl cr £1100.00 29/07/2010 interest 1250.12 Total 7589.90 together with interest pursuant to contract at the rate of 343.91 pence per day of judgement or sooner payment. I sent a cca request and they sent me a copy of a card request form from July 2004. The issue date for the claim form was 30/7/2010. Frankly I am so worried what should I do? Any help would be appreciated

[jimbo45]

Restons are the SCUMMIEST "people" ever to exist on this planet -- Their enevelopes are always marked in HUGE LETTERS on the outside as URGENT and they will add horrendous collection charges.

 

They won't negociate either.

 

The best you can do once these extortioners have got you into their clutches is to go for a set aside - especially if they have added a large "collection fee" to the account.

 

They won't retract the CCJ -- these vermin seem to spend their whole lives living in court - usually getting judgements by default.

 

You could probably get a better deal in any case by offerring the court what you can realstically afford.

 

With 3.50 GBP a DAY interest you'll NEVER get this wretched debt paid off unless you can get that stopped -- maybe someone better informed in these matters can help you with this.

 

I REALLY HATE it when people who obviously have problems and can least afford it are stung with horrendous charges and real "******" solicitors.

 

Watch out also for Restons chief "Extortioner" called Mr Delves. This guy is the Nr ONE menace too.

 

Don't worry about Credit ref agencies etc etc -- with this type of debt I'm sure it will be a LONG LONG time before you will even want to THINK of any more credit too.

 

A set aside might be the best way but I'd also suggest offering THE COURT (NOT RESTONS) a payment plan will at least put YOU back into control.

 

It just shows what Barstewards Restons are -- 3 days late and already a CCJ notice on its way to you. They must have had their finger on the SEND button right up to the last moment.

 

Cheers

jimbo

[cerberusalert]

Can you post up the copy of the copy of the agreement they sent you after removing identifiers?

[lord_tiger_putin]

They won't retract the CCJ -- these vermin seem to spend their whole lives living in court - usually getting judgements by default.

 

Just for clarity, it is not a CCJ. You will only get a CCJ should this actually go to court and judgment made against you.

It could be in your interest to actually prevent a CCJ, this will restart the 6 year clock on the credit file, something which actually started to tick when you received a Default Notice.

There could be plenty of errors in their paperwork, starting with the Credit Agreement, also the Default Notice. At this stage you could use CPR to get all the relevant documents from them.

Can you scan, remove personal details and post the POC (particulars of claim)? Plenty of people will be able to advice you from there on.

[joell1974]

Should I send the acknowledgement of service back here are copies of the claim and original signed agreement

[cerberusalert]

They're a bit too small to read, can you upload them to a image host such as tinypic or imagefrog and then post the urls back here?

[joell1974]

I have now uploaded them hope they are the correct size http://h.imagehost.org/view/0467/jlewis http://h.imagehost.org/view/0566/restons

 

Many thanks

[cerberusalert]

Non of the prescribed terms are present on that document, see; http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

[joell1974]

If the agreement is not enforceable should I send the acknowledgement of service back and defend the claim, I am not sure what to do? or how to defend?

[joell1974]

Can anyone help me write a defence, I don't know where to start. I have spent a long time looking at other posts but my mind has just gone blank and the clock is ticking. With the might of Restons on our backs we just don't know what to do.

[rameses_qc]

It would be helpful to know why it's unenforceable as a start

[joell1974]

This is the original signed agreement http://h.imagehost.org/view/0467/jlewis any help would be appreciated

[alfwithhair]

Any terms & conditions on the back of it as the application refers to?

[joell1974]

No terms and conditions recieved just card request form

[joell1974]

Received court claim in August sent in a defence. Have not heard anything from the court since they acknowledge the defence in early September. Today I received several forms from Northampton bulk centre post marked 6th December 2010. Sorry cannot upoad forms at the moment as scanner broken but advice needed. Normal Allocation Questionnaire sent return by 20th December. Also copy of Application Notice which Restons sent to the court on 26th October 2010 requesting an order that the Stay of porceedings be lifted and the proceedings be transferred to Defendant's home court. They also state the following on the form:

 

The Claimant received a copy of the Defence Filed at the County Court Bulk Centre on 3 September 2010. Accompanying the copy defence was a notice requiring the Claimant to inform the court by no later than 4th October 2010 as to whether he wishes to proceed with the claim. By way of a letter dated 1st October 2010 the Claimant informed the court that it wished to proceed with the claim and requested the transfer of the proceedings to the Defendan'ts home court.

 

Unfortunately the Claimant's letter did not provide the court with a Claim No. and this omission was notified to the claimant by way of a letter dated 4 October 2010. The request to transfer was repeated, with the inclusion of the Claim No, by way of letter dated 6th october 2010 which was outside the time limit of 4th October 2010.

 

The Claimant confirms that it wishes to proceed with the claim and accordingly respectively requests that an order be made whereby the stay of proceedings is lifted and transferred to the Defendant's home court.

 

The next form is a general directions form dated 3rd December 2010

 

where a district judge orders that:- the application to lift the stay and transfer is granted.

 

As I was never informed any of this was happening what should I do next? it says I can apply to set it aside within 7 days but the form is dated 3 December 2010 and it only arrived today.

 

I am totally confused

[harrassed senior]

Have asked a site team member to take a look.

[the_shadow]

Three threads merged so everyone can see the history, also moved to the legal forum.

 

S.

[the_shadow]

Put simply, the claimants messed up, they failed to put the claim number on the form they returned indicating they wished to proceed to court, because of this they had to re-issue the notification of proceeding which by then was late.

 

The stay was the due to them not responding to the court in time so it looks like the court gave them more time.

 

The court has allowed this and moved the case to your local court.

 

S.

[joell1974]

Sorry to be asking so many questions, Restons have totally ignored my request for CPR 31.14 should I apply to the court on form N244

[the_shadow]

Sorry to be asking so many questions, Restons have totally ignored my request for CPR 31.14 should I apply to the court on form N244

 

What CPR 31.14, you havent mentioned it on the thread at all? At what stage did you issue the CPR 31.14.

 

Was this before you entered a defence?

 

S.

[joell1974]

It was after the defence, as I had not heard from anyone since September I had not been keeping a check on things. I suppose I have been living under the illusion of no news is good news! However I now have had a very strong reality check and have decided to tackle things, although apart from reading lots of posts on here regarding Restons I am beginning to feel totally out of my depth.

[the_shadow]

It was after the defence, as I had not heard from anyone since September I had not been keeping a check on things. I suppose I have been living under the illusion of no news is good news! However I now have had a very strong reality check and have decided to tackle things, although apart from reading lots of posts on here regarding Restons I am beginning to feel totally out of my depth.

 

Ok well you needed to be pro-active once issuing the CPR 31.14. The idea is to not enter a defence until you have all the facts/documents in front of you to defend against. Did you get proof of receipt of the letter?

 

So long as the 31.14 letter was reasonable in what it asked for you could apply to the court for a disclosure order as they have ignored the cPR 31.14. Would be worth contacting restons prior to this and advising you will be putting in your application and the costs will be attributable to them as they have not been reasonable.

 

I've never had any dealings with them so cant say what they are like other than the postings you've probably read already.

 

S.

[joell1974]

I need to send the N150 form back by the 20th December should I mention on this that they have ignored my CPR 31.14 request which was sent by recorded delivery not sure of what to actually put on the form any help would be appreciated.

[joell1974]

Received directions from the judge case allocated to fast track disclosure of documents by 23rd March 2011. Restons at long last on 4th February sent copy of agreement, financial and related conditions, card conditions copy of, and a recreated copy of the default letter. Also stated in the covering letter if I do not contact them within seven days to discuss terms of settlement they will make an application to the court for a summary judgement.

 

I contacted them they offered a Tomlin order which I thought would be pretty reasonable as they stated the client John Lewis was prepared to reduce the costs. However on receiving the Tomlin order from Restons this is not the case, the charges they have added are outrageous.

 

Default balance £7439.78

Payments made since issue of Default Notice - £1,100.00

Subtotal: £6339.78

Court fees incurred £430.00

Interest from Date of Default notice to date £1,941.32

Solicitors costs £500.00

Total £9211.11

 

are these charges legal?

 

However John Lewis will reduce the amount to £8500.00 if I sign the Tomlin order.

 

 

The order states that the montly instalments specified in paragraph 2 should be subject to a review every six months (which worries me, as they could change the instalment to a higher amount that I can't afford after 6 months) Then as they state in the Tomlin order they will apply for Judgement by default together with further costs and interest if I do not pay on time.

 

At first I thought they were being reasonable offering the Tomlin order as a way of settling this matter without proceeding to court but it all seems to be on their terms and the costs they have added are outrageous. Any advice on what I should do next would be appreciated.

[the_shadow]

TBh Solicitor charges are large... for a trial at fast track it can be between £4k-10k in costs depending on complexity, this will be added to the debt if you lose.

 

If you dont think the Tomlin is fair then you could try and re-negotiate the terms. No creditor will agree to fixed somes over the lifetime that are never reviewed as your situation might change, however the devil is in the detail on how they word the mention of it in the tomlin order.

 

S.