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    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Please start your own topic in the following forum. https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/
    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
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Cabot/Restons Claimform - old HBOS Credit Card debt


bozalt
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Hi Guys

 

Hi Chaps

 

Hope you had a great weekend.

 

I received this letter over the weekend, which seems to be an admission that they have no case at all?

 

Is this normal?

 

:-o

 

Thanks

Restons_Page_1-rotated.pdf

Restons_Page_2-rotated.pdf

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Its a template...its on every Restons thread.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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std letter reston send to every cpr request

 

means nothing.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you both, it is reassuring to hear this news.

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  • 1 month later...

Hi DX & Andy

 

I hope all is well with you.

 

I have received a letter advising a response is required by 28/11. The letter includes the attached document purporting to be a signed credit agreement together with a previously supplied reconstituted agreement, statements 06/15 - 11/16 and copy letters issued 8/16 - 3/17 and terms from account closure date(2008).

 

[ATTACH]74050[/ATTACH]

 

Would you be able to provide any guidance in order to allow me to continue to defend?

 

Many thanks

 

Sorry CAG isnt allowing me to upload PDFS and the PNG's are not working correctly. I hope these are legible.

 

Restons_Credit_Agreement redacted -2.jpg

 

Restons_Credit_Agreement redacted -2.jpg

Restons_Credit_Agreement redacted -1.jpg

Edited by dx100uk
merge

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is it signed by you?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The just sign here section has a signature that looks like mine

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I came into this world with nothing and I still have most of it left.

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oh come on you must know if you signed for this card or not surely?

 

I would expect the agreement T&C's in the upsidedown page 2 mention other T&C numbers that they have not sent

theres more T&C's than 1 page!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The agreement references a branded card that I have no recollection of but I could have done, I had around 18 credit/debit cards when I was made redundant ten years ago.

 

The second page are the T&C's they advise are relevant to the application Page shown on Page 1 as provided at the time of execution, these are illegible in some places. They claim the reconstituted agreement incorporates the original T&C's and these have numerous clauses referenced.

 

After revisiting older threads the original agreement which they have suddenly happened upon despite not being able to provide previously, does not appear to be enforceable.

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then ignore them.

till/if they try an N244 to lift the stay.

 

probably desperate to get free money for the xmas drinkies fund at their party as CAG has been hitting them hard this year

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX the last action prior to this letter was my defence being filed.

 

It is a welcome relief from the stress to hear this advice, I will wait and see what they do next also I think you are correct more and more people are challenging thanks to being more informed via information from this this site and the DCA's are feeling this.

 

Incidentally I checked my SAR from HBOS and this particular credit agreement was not included.

 

Enjoy the rest of your evening.

Edited by dx100uk
quote

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fwiw an sar does not HAVE to inc agreements sadly.

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 weeks later...

Thank you DX, a strange omission!

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I received a further letter this week giving me a further 14 days withdraw my defence, pay up or provide a settlement proposal.

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I came into this world with nothing and I still have most of it left.

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as post 60

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks DX.

 

Trying to hold my nerve!

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I came into this world with nothing and I still have most of it left.

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there is no nerve to hold

the claim has been stayed for months..

go enjoy XMAS and stop fretting about fleecers wanting free money from mugs to fund their xmas drinkies party..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 8 months later...

Try now

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

14 hours ago, dx100uk said:

Try now

Thank you DX100UK, I can post now.

 

After a period of quite I have now received the attached letter from Restons enclosing a screen shot of a default notice and a copy of a notice of assignment asking me to withdraw my defence or they will apply for judgment. 

 

They have still only supplied an 'application form'  and incomplete terms and conditions, I have recently been made redundant again so this is a concerning development.  I would appreciate advice regarding my next course of action.

 

 

Restons Letter Redacted 4 September 19.jpg

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I came into this world with nothing and I still have most of it left.

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There is no next course of action...you will find the above on all the Reston involved threads...last ditch attempt to get you to cave in.Default Notice Screen shot is from Restons software not the Original Creditors ...its identical to other threads with different original creditors.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thank you Andy sometimes it is hard to see the wood for the trees, I appreciate your guidance and I hope all is good with you.

Edited by bozalt

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Yes all good long time no chat Bozalt.

 

If you could redact and upload a copy of the screen shot Default so we have a copy for our archives...would be much appreciated.(PDF)

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thanks......yes exact same Microsoft Access page view as others......strange how Restons clients all use the same software :becky: 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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1 hour ago, Andyorch said:

Thanks......yes exact same Microsoft Access page view as others......strange how Restons clients all use the same software :becky: 

Ha ha what a coincidence, strange that a huge banking corporation would use Access rather than a bespoke package unique to the banking industry!

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