restons vs chris_s

[chris_m_]

Hello all.

 

I have a few questions and would be very grateful for any advice. I'm not legally trained so this is all very new to me.

 

A couple of months ago I received a letter from Restons threatening Court action, so I sent a CCA request. They sent me back a reconstituted document comprising several typed-up pages (numbered) and a single photocopied page (not numbered). My signature is not present anywhere. The document is dated Jun 2006.

 

I then received a County Court claim two weeks ago for the same. I acknowledged it online and I'm now halfway through my time to get my defence sorted. I believe I am only a month or two away from the 6-year statute bar by the way. I originally thought it had already past, but I think I've uncovered some token payments in 2010

 

I'm frantically googling to find out how to defend myself. Even a delay of a couple of months would do.

 

My current question is: Am I right in thinking that the loan would be unenforceable due to the fact that it predates April 2007 and only a reconstituted agreement was provided in reply to my CCA request?

 

Thanks in advance for any help.

[chris_m_]

I've just spoken to national debt helpline and they suggested that just because Restons provided me with an unenforceable copy of the agreeement when I requested it, doesn't mean they won't turn up to court with a genuine one, which would trash my only defence and leave me liable to court costs too!

[Old Cogger]

if they turned up at the last minute with documents then that would be unfair advantage and against principles of court proceedings, you need to stop now and get assistance from Andy on here as you seem to be going too far ahead of procedure without asking correct questions, CPR31.14 for all documents mentioned on N1 form from court to solicitors for starters

 

stay off the phone to National debt line as they failed many a time to give correct procedures - no disrespect to them but the area is massive and every case different, bet they did not say submit CPR31.14 etc?? which would leave you at a dis advantage.

[AndyOrch]

Thread moved to Financial Legal Issues in view of the claim received.

 

Chris if you could read the following link and then then copy and paste the qs and your responses back here for the correct advice on how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[chris_m_]

Thanks for the reply old cogger. This is just all very confusing.

 

I have submitted a CPR.

All that was mentioned in the Particulars of Claim was the contract

(which they provided in reply to my CCA request),

 

 

and the fact that the debt was assigned to them,

 

 

so I asked for a copy of the contract and a copy of the Notice of Assignment.

 

 

Their reply refused both.

[Old Cogger]

as per post 4 fill it in

[chris_m_]

thanks Andy

 

 

Name of the Claimant ?

Arrow Global / Restons Solicitors

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

09 August 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 11 Sep 2016

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

Particulars of Claim

 

The Claimant claims payment of the overdue

balance due from the Defendant(s) under a contract between the Defendant(s) and

Egg

dated on or about Jun ## 2006 and assigned

to the Claimant on Feb ## 2013

 

PARTICULARS a/c no - ##########

 

DATE ITEM VALUE

##/11/2015 Default Balance 9300.00

Post Refri Cr NIL

 

TOTAL 9300.00

What is the value of the claim?

 

9300 + 410 court fee + 100 legal representatives costs

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

 

Loan

 

When did you enter into the original agreement before or after 2007?

 

2006

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

Debt bought by Arrow and they are the Claimant

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I don't think so

 

Did you receive a Default Notice from the original creditor?

 

I can't remember -- long time ago. Probably.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

No

 

Why did you cease payments?

 

Redundancy / joblessness due to collapse of my industry in the recession.

 

What was the date of your last payment?

 

Nov 2010

 

Was there a dispute with the original creditor that remains unresolved?

 

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

Yes. I gave up in Autumn 2010 when they would not see reason, and I was on the verge of suicide frankly. I stopped paying altogether and was homeless for a while, and lost touch.

[chris_m_]

It's looking like there is no defence really. Even though I stated that I intended to defend the claim when I acknowledged it, can I still pay it off in a lump sum (if I can scrape the money together)?

[AndyOrch]

It's looking like there is no defence really. Even though I stated that I intended to defend the claim when I acknowledged it, can I still pay it off in a lump sum (if I can scrape the money together)?

 

Now dont be having silly thoughts like that chris..get back to you later...in the meantime drop all thoughts of contacting them:wink:

 

Andy

[chris_m_]

Well I appreciate all advice but I'm starting to think now that there's no defence, and unless I get them paid off I will be liable for interest etc which could be a lot.

 

I would have to get payment to them within 14 days of the date of service right? Even though I acknowledged it and bought another 2 weeks that way?

[AndyOrch]

No even if you lose you have 61 days from the date on the claim form to pay in full with no CCJ registered or alternativley agree a payment plan with a CCJ showing on your CRA files for 6 years.

 

Any defence should be submitted by the 10th Sept...so claim down.

[chris_m_]

OK thanks again. But they will add interest etc no? And 6 years of interest on a 10k debt. That could be a lot. The difference between me being able to pay or not, therefore the difference between getting a CCJ on my record or not.

[AndyOrch]

You need to read a few Restons threads chris....there is no interest..read the particulars again....if a claimant wishes to claim section 69 interest he must state it within his particulars.

 

Now calm down and have your dinner:-D

[chris_m_]

I'm going to cobble together what money I can and make an offer. Maybe I do have a case but I'm running out of time fast and loosing the will to carry on. I just want it over.

[AndyOrch]

I'm going to cobble together what money I can and make an offer. Maybe I do have a case but I'm running out of time fast and loosing the will to carry on. I just want it over.

 

How do you work that out ? Claim is only dated 9th August..you have already acknowledged service with the intention to defend all...you have until the 10th of Sept to submit a defence.....the claimant has 28 days to consider your defence...it will take the court 1/2 months to allocate the claim to your local court which will then possibly state dates for directions and trial date another 2/3 months away.

 

So I am in the New Year now......how much time do you need ?

 

But dont let me sway you after all your agreement is dated 2006...the claimant has not got the original...so they cant enforce it anyway by law.......but you do what is best for you.

 

Andy