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Cabot/Reston claimform - old Aqua Card debt - Stayed - now threatening to lift stay

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Hi,

I’ve received a letter from Reston’s solicitors claiming they’ve had no response to the claim form sent to me and have now accordingly requested that the court grants judgment in default for their client for the sum of £1300.

They have also requested the judgment sum payable is £75 a month,

they then go on about not having the opportunity to discuss my financial circumstances and to contact them if this is unaffordable.

 

The thing is though I did reply to the claim form,

the AOS was submitted using the MCOL website on the 15/08/18 and the defence was submitted on the 13/09/18 and received on the 14/09/18.

 

I also received a letter from the HM Courts and Tribunals Service on the dated 14th September acknowledging the receipt of my defence and informing me that a copy was being sent to the claimant or claimants solicitor.

 

Where do I go from here?

Surely when they contacted the court to request the judgment by default the courts would have informed them that I had responded?

Edited by dx100uk
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Ignore it....only respond to official court documents.

 

 

Andy


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Thanks for the quick reply Andy.

 

So it appears they’re just trying it on then. What happens though if I do get official court documents though?

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We will advise....assuming they wish to proceed.They have 33 days to respond after submitting a defence....the court will advise you if they do.


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what date is the letter

and ofcourse it IS the same claim number?


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Their letter is dated the 14th September, they have not supplied the claim number but the a/c number is the same.

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Obviously letters have crossed...but they know full well they can't request a default judgment..and they know you have responded to the claim....MCOL will have informed them.

 

Andy


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I’ve now received a letter from Reston’s acknowledging my defence and if I’m reading it right they seem to be dismissing everything.

I’ve attached the letter for you to look at and would appreciate your input on what it all means.

 

They also state that they haven’t received any letters from me requesting more information,

the bad news is on looking back over my files there is a possibility that I didn’t actually send them as I can’t find anything that would prove that I did.

 

Unfortunately at the time this all started I had a major family crisis which required all of my attention and I was trying to fit this in when ever I could and it may have slipped my mind to send them.

reston letter.pdf

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std response they send to every claim

 

it says you made a 31:14

and you must have the stub from the £1 PO for the CCA request you made

 

safe to ignore


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Cheers for the reply dx.

 

I don’t have anything to show I posted the letters, not even the PO stub, in fact the more I think about it I don’t even remember buying the PO. As I said I had an awful lot of personal things to try and deal with at the time and it appears that the letters fell by the wayside.

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If you had made a section 77/78 request...it would have gone to the claimant not them...only the CPR 31.14 goes to the them.

 

With regards to their comment re default notice..the claimant does not have a contractual right to issue a termination notice......a debt buyer cannot issue a termination notice.

 

 

Andy


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i can’t remember if it was last year or early this year but I had a court claim sent to me regarding an Aqua card debit, I filled my defence with the court and heard nothing but on checking found that it had been stayed. According to the letter I’ve received today Reston’s sent a letter and documents to me in March which I’ve yet to find.

 

In the letter I’ve received today they’ve supplied a ton of documents containing the following:

 

latest applicable terms and conditions relating to the account prior to it being terminated 

statement of account covering periods between Nov 2016 and Feb 2018

annual statement from Aug 2016 to Sept 2017

notice of sums in arrears dated Sept 2017, Nov 2017 and Jan 2018

notice of default sums dated July 2017, Aug 2017, Oct 2017 and Nov 2017

a screen shot from the original creditors case management system, confirming that a default notice was issued in Sept 2017

 

I’ve attached a copy of the last one because as far as I can see it doesn’t actually show anything meaningful.

 

Do you think that they have enough to actually get the stay lifted or are they trying to call my bluff so that I fill out the N9A form to withdraw my defence?

Untitled 4.pdf

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Thread moved to the appropriate forum ...please continue to post here to your thread.

 

The screen shot will be from Restons own case management system as confirmed in other Reston threads witness statements...its the same screen shot for every claim for every creditor they represent.

 

They dont have a copy of the Default Notice.

 

Andy


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Thanks for the replies.

 

So it’s probably safe to ignore then without a default notice?

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I would wait an see if they do make application....the court will inform you if so and serve a copy of their application on you.


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old and new threads merged for full story/advice already given

 

when you get 5 mins

scan everything in their return to ONE MULTIPAGE PDF ONLY

and we'll take a look at it.

read upload

 

dx

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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