Restons Cabot - Lloyds Gold Current Account Overdraft Claimform HELP

[Guest]

yes, std reply.

and they conveniently forget the rest of 7.3, which is not 'excluded/covered' by 7E para 5.2a, which states that the original should be available at hearing.

[mukha]

Hi All,

 

 

I received letter from Restons today regarding my defence,see attachment.

 

 

They are asking me to withdraw my defence or they will apply for my defence to be striken out.

 

 

Also what do they mean when they say Legal costs to be paid on a 'contractual indemnity basis'?

 

 

please advise as your help is always really appreciated.

[Guest]

seems a typical reply.

31.14, if applicable, is independent from claims online ie is applicable. is re early disclosure to poss assist early settlement.

is re an o/d so an executed agreement may not be required.

but, they will still have to prove their claim, and disclose accordingly.

they say 'may' apply for strike, not will.

depends if small claims or not. yrs is close. if small claims, then not subject to further legal costs apart from fixed costs. but, if they make an app'n that involves a hearing, they may be able to recover their costs for that if they win that hearing.

on receipt of a defence they have 28 days to respond to the court whether to continue or not, or make any application. if they dont respond then it will be auto stayed.

[dx100uk]

I see you've been reading other reston claim threads

 

 

you should have seen that already on several of them

 

 

simply designed to intimidate a defendant.

 

 

dx

[fkofilee]

I feel intimidated just reading it... Youch!

Hope i never have to go through a CCJ...

 

Anyway , certainly looks like a standard letter they would send... Keep your defense...

[AndyOrch]

" Also what do they mean when they say Legal costs to be paid on a 'contractual indemnity basis'? "

 

Costs in the small claim court are standard and fixed and restricted...the above requests above the norm if any application is made.... it is important to be clear about the difference between standard and indemnity basis costs.

 

When costs are to be paid on the standard basis, the court will only allow costs which are proportionate to the matters in issue. Any doubt which the court may have as to whether costs were reasonably incurred or reasonable and proportionate in amount will be resolved in favour of the paying party. In contrast, when costs are to be paid on the indemnity basis, in assessing the amount to be paid the court will resolve any doubt as to whether costs were reasonably incurred or reasonable in amount in favour of the receiving party.

 

Also where costs are intended to be paid on an indemnity basis, the contract / agreement must contain a provision to this effect. Failure to include such a provision will result in the less favourable award of costs on the standard basis and a failure to recover anything close to what has been paid.

 

As this would be small claims track then all costs will be subject to CPR 27.14 (2)a-f). This rule applies to any case which has been allocated to the small claims track, unless CPR 26 PD 8.1 applies [it deals with agreement to apply the fast-track costs regime and is not relevant here]….

 

Regards

 

Andy

[mukha]

I am starting to receive phone calls from Restons which I have ignored. Should I listen to what they got to say?

[AndyOrch]

No harm listening to what they wish to discuss.

[mukha]

Hi again, I have received a further letter from Restons this week. Similar to their previous one asking for me to remove my defence. I would appreciate if you have any further advice of what I should be doing. Many Thanks

 

Sorry for the delay .Please find pdf attached. Thanks

[dx100uk]

as post 29

 

 

meant to intimidate you

 

 

dx