Debt Managers/Restons claimform - old JDW CAT debt

[dave466]

Today I have receieved this via email. I assume I will be getting one through post too.

 

 

1016257784.pdf

[AndyOrch]

Irrelevant if you dont...you have their thoughts on your statement now and what they will be arguing. Most of the points are nick picking.....okay their point re hearsay evidence is correct CPR 33.2 ...apologies.

 

But you are litigant so it will be overlooked along with the other points raised.

 

with regards to the Default Notice have a read of the case concerned....this is also Restons.

 

https://www.casemine.com/judgement/uk/5b4487882c94e02e1374e7c5

 

[dave466]

I've tried having a good read through that previous case and feel a bit lost to be honest so will have another read tonight and try and make sense of it.

 

Also today I have just received a further email from restons with regards to further costs.

 

Regards

1016279486.pdf

[AndyOrch]

No chance on a Small Claim Track claim...but then again this is Restons (CostsRus)

[dave466]

Good afternoon all.

 

So I have tried to make sense of the case study they referred to and I'm feeling a bit lost and now also really nervous for tomorrow.

 

Am I still just fighting this on the basis of no default notice?

 

And if so that case they referred to (from what I make out) they sided with the claimant and also the same for the reconstructed cca?

 

Or am I totally missing something in that case reference.

 

Regards

[AndyOrch]

Well the case they refer to is not exactly the same argument as yours in that case a default notice was served by the original creditor...not the Assignee.

 

In yours Restons state that the debt was defaulted and terminated by the OC in one sperate document but never refer to it again in their witness statement. If that is the case they should be able to evidence the default and termination of the original default date by JDW and include it in their statement with disclosures.

 

A defaulted /terminated agreement cannot be terminated twice...which in essence is what the second default notice is intended to do....and therefore DebtManagers issuance of a DN is invalid because JDW  had already defaulted it and terminated the agreement before assignment.

 

Therefore they are relying on the second DN not the original (JDW) and as it is as clear as day pursuant to sec 87 (1) that once a default notice has been issued and not complied with (which you didn't) the agreement was terminated and then assigned to Debt Managers.

 

You cant issue a second Default Notice on a agreement that does no longer exist and therefore to legal enforce the debt they must be able to disclose the JDW Default Notice or at the least prove one was served on yourself.

 

I cant really explain it any easier but the above is all you really need to drive home....lets hope the Judge sees it that way...he should as the above is impossible ...a bit like a company trying to sack you twice.

 

Best of luck 

 

Andy

 

 

 

 

 

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[dave466]

Thank you Andy. 

 

I've sat this morning and put together relevant bits of info and I understand (well think I do) where I am coming from now and also my arguments against what they are fighting ie the Default Notice.

 

Will update this afternoon.

 

Thanks once again. 

[dave466]

Well I lost.

 

Basically said that the default notice is not enough to rule against them in this case and entered summary judgement against me for 2500 and also 2000 costs.

 

I argued the case with regards to everything you wrote and I put together but she wasn't having it 

Edited March 8, 2022 by dave466

[dx100uk]

Urm.. sounds like judge lottery to me .

[AndyOrch]

Mmmm well it was always an outside chance Dave and I will reiterate my post #33 how I advised they were not going to lose this at any cost.

Your legal argument was sound and valid...wrong judge wrong day who was not prepared to follow the Credit Consumer Act to the point of law. They padded the claim out with too much " overriding documents " to make it a " on balance of probabilities." to convince the court.

 

You have always admitted and maintained that you owe the money...you arranged a payment plan etc. etc. but unfortunately due to circumstances you was not able to maintain the plan.

 

What's very annoying about this is that they always take this path and let a claim stay after a defence has been submitted and then 12months even longer opt for an application for Summary Judgment......costs them £275 for the application but they are guaranteed extortionate costs because the claim has yet to be allocation to small claim track....if they were to see it through as per the normal process and go to hearing after allocation their costs would be vastly less...hence the name CostRus.

 

Still of no consolation to yourself but we gave it our best shot...as per the CCA1974...different version to your lady judges copy take note.... in which an agreement can be terminated twice and you can use the second invalid default notice to enforce the agreement...I will have to make a note of that one.

 

Different day different judge and not involving CostRus and we do have success read here :-

 

https://www.consumeractiongroup.co.uk/topic/444885-cabotmortimer-claimform-2019-autostayed-old-new-day-aqua-debt-now-docs-threatening-to-lift-the-stay-help/page/2/#comment-5158167

 

Wait for the notice of judgment now...no doubt CostsRUs will request a forthwith payment So I would advise you get an N245 ready and make a monthly offer of payment £$ spread the cost over 6 years or longer as thats how long the CCJ will show for.

 

 

Take time to digest what has happened if you can come back and expand for the benefit of others and ourselves.

 

Andy

[dave466]

I have today received an email from restons stating about the judgement being £4926.10 and that it is payable at £200 per month as discussed at court. 

 

Just a quick question.

 

IF and a big if I could get money together and get this stopped being entered on my credit file I believe I have 1 month to come up with the full amount is the correct?

 

Also would it have to be that exact amount or would restons reduce and settle with a lower amount if they were getting it all in one go? 

 

Regards 

 

 

1016517733.pdf

[dx100uk]

ask them but as andy says this is costsRus, restons are animals.

 

dx

 

[AndyOrch]

19 hours ago, dave466 said:

I have today received an email from restons stating about the judgement being £4926.10 and that it is payable at £200 per month as discussed at court. Was it discussed at court ?

 

Just a quick question.

 

IF and a big if I could get money together and get this stopped being entered on my credit file I believe I have 1 month to come up with the full amount is the correct? Correct

 

Also would it have to be that exact amount or would restons reduce and settle with a lower amount if they were getting it all in one go?  No they have the judgment no need to reduce it

 

Regards 

 

 

1016517733.pdf 167.9 kB · 4 downloads

 

 

Andy