Robinson Way County Court Claim Form - NO credit agreement

[lisaclaim]

Hello

 

After filing our defence online we had not heard a thing until yesterday when through the post we received a letter addressed to me and my hubby basically writing in relation to our defence. Apologising and please find enclosed 1. list of payments made to RW and 2. financial statement.

 

Telling us what we have paid RW and what we supposedly owe. Also stating to swiftly resolve this matter and avoid further costs being added should this matter go to trial they enclosed teh financial statement and are asking us to consider completing and returning to their office with an offer of settlement within the next 14 days.

 

All the attachments to the letter are not on any headed paper at all and just show dates and lists of payments . Looks like a batch print!!!

 

What should I do now? please as confused. They have still not provided us with an agreement which is what they say that have in the court papers.

 

Many thanks

L

[havinastella]

Hi Lisa welcome back!

 

Did you received anything from the Court after your defence?

 

AQ? Anything?

[lisaclaim]

Hi, thank you, good to be back in a way!!!!

 

Nothing from the court just confirmation email that they received my defence. I did email them a couple of weeks ago as it had been over 28 days and they said "Your defence was processed and a copy was forwarded to the claimant’s solicitor. The case is currently stayed. Once we receive notification from the claimant that they wish to continue with the claim you will be notified."

Sorry also said

"Thank you for your email. Please be advised that there is no time limit on how long a case can remain in stay. If the claimants’ solicitors wish to continue with the claim, they will need to make an application to a District Judge for permission that the stay be lifted and the case transferred for hearing. Until an application is made, the case will remain in stay."

[havinastella]

I would suggest you ignore the letter completely. Or maybe a quick one liner denying you owe them anything and should they have a case, get the stay lifted and carry on with the claim as you will not be paying them a penny unless they win in court.

 

And maybe copy the letter to the courts.

[Shadow25]

It amuses me that RWs solicitors always refer to the opportunity of avoiding further costs if you avoid going to Trial. This is a pre April 2007 agreement and without them being able to produce the original document the alleged debt is legally unenforceable. So the only party that will incur the additional costs is them as they will lose at Trial and have to pay your costs. You have given them and the original creditor 4 years to come up with the agreement and I suggest that as they didn't complete the AQ they know they are stuffed. However I can say from my 4 years of battles with RW that despite playing with the weakest hand imaginable they do perservere until the bitter end so don't expect them to meekly walk away. If it were me I would definitely ignore their letter as it is pointless entering into correspondence with them but no doubt there will be further letters to come.