DMS/Restons Claimform - old RBS Tesco Card Debt

[pankajsaab]

I have received a court claim from restons solicitors issue date the 10th of june 2021

for the sum of £2800 .

I require some urgent advice and guidance on how to deal with this issue .

origional creditor tesco bank

type of account credit card

account open date 31 july 2008

date of assignment 19th oct 2019

last payment made £1 on date 23/7/2020

 

 

Your help would be greatly appreciated .

 

 

[AndyOrch]

Welcome to the Forum.

 

Restons are Solicitors acting on behalf of the claimant ..who is the claimant named on the N1 ?

 

If you could read the following link and then copy the Q,s and your responses back here so we have all the information in one post.

 

 

 

Andy

[dx100uk]

so an old tesco's branded RBS credit Card?..they'll have a job to find a CCA for that one.

[pankajsaab]

thanks andy

 

 

Name of the Claimant ? DEBT MANAGERS SERVICES LTD

 

Date of issue –10/06/21

 

Date  to acknowledge - 28.06.21

 

date to submit defence = 12.07.21

 

Particulars of Claim

 

What is the claim for –
1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019

2.notice of assignment has been given to the defendant

paticulars a/c xxxxxxxxxxxxxx
date 28/02/2021
default balance £2701
post ref CR

 

What is the total value of the claim? £2701

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  YES
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  NO
 

Did you inform the claimant of your change of address? NOT APPLICABLE

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card
 

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

Do you recall how you entered into the agreement...On line /In branch/By post ?  online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? dont know
 

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.  assigned to debt purchaser debt managers ltd
 

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

Did you receive a Default Notice from the original creditor? cant recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no
 

Why did you cease payments? illness financial difficulties
 

What was the date of your last payment? paid them a £1 token payments for some time last payment date 18/07/2020
 

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 management plan? no

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[pankajsaab]

i have acknowledged the claim and will post out the cca request and cpr letter today .

your advice and guidance is simple and straight forward .thanks

 

 

[pankajsaab]

Pease give advice on what defence to submit , or do i need to wait a few days to see if i get my cca request and cpr request reply .

My deadline for my defence to be submitted is 12th july .

[AndyOrch]

I doubt you will get a response before your due date......so start now looking at other similar defence in the following forum and post your draft here for checking.

 

 https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Andy

[dx100uk]

post your ideas up here 1st please for checking!!

[pankajsaab]

Let me know if any ammendments needed

 

 Defence

 

Particulars of Claim
What is the claim for –

1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019
2.notice of assignment has been given to the defendant
paticulars a/c xxxxxxxxxxxxxx
date 28/02/2021
default balance £2701
 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Tesco  bank . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request information from restons solicitors who have not complied with my request. From the claimant i have requested a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply with my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contravention s of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thank you

Name ........................................

[dx100uk]

5 hours ago, pankajsaab said:

the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

have they?

 

dx

5 hours ago, pankajsaab said:

To date they have declined to comply with my section 78 request

again have they?

 

 

[pankajsaab]

Claimant has not replied to section 78 request

or complied with CPR 31. 14

No reply to both requests sent to out

 

or should i state in my defence have not replied to my written request dated ----------

rather than state declined .

Edited July 8, 2021 by pankajsaab
rephrase clarify

[dx100uk]

how about...Have yet to reply

[pankajsaab]

Let me know if any ammendments needed

 

 Defence

 

Particulars of Claim
What is the claim for –

1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019
2.notice of assignment has been given to the defendant
paticulars a/c xxxxxxxxxxxxxx
date 28/02/2021
default balance £2701
 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Tesco  bank . I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14,

therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request information from restons solicitors who have yet to reply to my request. From the claimant i have requested a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have yet to reply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and again pre action protocol should be considered when the question of costs arise.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contravention s of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thank you

Name ........................................

 

 

corrected .

please let me know if anything else needs changing .

i want to lodge my defence on the online  MCOL  by tomorrow as i believe the online system is only available on weekdays.

 

 

[dx100uk]

that just doen'ts flow correctly

 

adapt this:

 

 

The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 2. Paragraph x is noted. I have in the past had financial dealings with (original creditor) but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 7x request..

 

 3. Paragraph x is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 4. Paragraph x is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

 5. On receipt of the claim form, the Defendant sent a request by way of a section 7x pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 

 

 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied and to date nothing has been received.

 

 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 a) show how the Defendant has entered into an agreement and;
 b) show how the Defendant has reached the amount claimed for and;
 c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA1974
 d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
 

[pankajsaab]

Particulars of Claim
What is the claim for –
1.the claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and tesco bank. dated on or about jul 31 2008 and assigned to the claimant oct 19 2019

2. Notice of assignment has been given to the defendant
paticulars a/c  518.................1647
Contract dated xxjuly 2008
default balance £xx34
 

Defence
1.  The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 2. Paragraph 1 is noted. I have in the past had financial dealings with (original creditor) but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 7x request..

 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.
 4. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 5. On receipt of the claim form, the Defendant sent a request by way of a section 7x pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.  

 6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied and to date nothing has been received.

 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:
 a) show how the Defendant has entered into an agreement and;
 b) show how the Defendant has reached the amount claimed for and;
 c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA1974
 d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

facing another problem .

to respond to the claim i need to input the claim number and password written on the claim form i have received.

i am inputting the claim number and password exactly as shown on claim form but its saying incorrect.

 

sorted log in issue

[dx100uk]

dont file that yet.

 

you need to fill in OC

and 7X bits. 

[pankajsaab]

Filed today

[dx100uk]

so you filled in the blanks 1st i hope

 

dx

 

[pankajsaab]

10 hours ago, pankajsaab said:

2. Notice of assignment has been given to the defendant
paticulars a/c  518.................1647
Contract dated xxjuly 2008
default balance £xx34

yes filled in blanks

 

[dx100uk]

i meant you named the (original creditor) and completed the relevant cca section 7X number in both instances

 

just type no need to hit quote all the time.

 

 

[pankajsaab]

named origional creditor yes

but did not complete cca 7x number

[pankajsaab]

got court letter today acknowleding receipt of my defence

now claimant has 28 days to contact the court if he wants to proceed .

[AndyOrch]

You can correct that when and if it proceeds so no harm done.....for reference section 78 (sec78)

[pankajsaab]

received a letter from restons  dated 11th september .

requesting me to withdraw my defence or they will strike out my defence .

they believe that their client has complied with my request and restons have sent me

 

A copy of letter which allegedly tesco bank sent me on  25/10/2019 ,the letter is supposed to be a letter of assignment . this letter goes on to explain how debt managers services is going to process and use my data.

 

Restions have also sent me a statement from tesco bank stating balance etc.the date

of statement is 26 /10/19 .

 

Also restons have sent me a copy of the credit agreement dated 30/07/2008 . the agreement is supposed to be electronically signed .

 

 

 

 

https://www.imagebam.com/view/GA1S9T