Court summons restons mbna. Help please.

NorthernLas

OK - if you admit or partially admit it will go through Northampton. When you do this, make sure that you send an income and expenditure sheet (I would send one direct to the court as well as to Restons). This gives you the best chance of the judgement being set at installments.

If by some miracle this happens, then you have no need to go to your local court.

Sparklyfairy

The prob with Restons is they totally know how to play the game...I have read so many people dealing with them & they're only happy when they get a co, so I advise hope for the best, but expect the worst, but again remember it will only be a restriction..

elennor

What is the difference with a restriction-not sure what this is. I was reading something about the house being in joint names means they can't do so much, is this what you mean. If so what does this actually mean in simple language.

Thanks to everyone for the advice-all of which is greatly appreciated.
I will let you know what happens.

DarkConvict

I read a comment further up about a judge deciding the money is owed.

You can still submit a CCA defence if they do not have a CCA. The lack of a CCA is not saying you do not owe the money, you can very well agree that the money is owed. The important fact of a CCA is that CCA is law, the agreement between you and the lender exists in a binding contract. And as part of CCA law, if they require to enforce this debt via the courts they must present the original CCA document signed by you, to the judge.

Without such a document, the judge is not allowed to issue a CCJ for the debt.

The point is, judges do not know all the laws, so you must point this out to them. That the agreement is regulated by CCA 1974 and that without such a document being presented then the agreement is not by law, allowed to be enforced by a court order.

elennor

Thanks for that DarkConvict-I was given bad information there. I have to send my papers off on mondayso have probably left it too late to do anything anyway. What I needed to know really was if I said to the court I was defending the claim and then they had the CCA then I would not have had a defence when it came to court. I was worried this may incur extra costs or I woould be seen as time wasting. If I get a redetermination locally can I ask for the CCA at that point or ask to see it in court or is there any way I can ensure the bulk centre looks at it before they make judgement. Should I send a letter with my forms accepting the debt or by accepting am I saying I accept whether there is a cca or not.
Very confused still.

Sparklyfairy

Re: restrictions take a look here: https://forums.moneysavingexpert.com/discussion/1839539

There are some links on there, too which you should take a look at. Hth xx

NorthernLas

Elennor -

To defend you need to decide if Restons followed pre-action protocols before taking your case to court. If they didn't you can apply for the case to be struck-out (this means their action will not be pursued)

Pre-action protocols (see http://www.pannone.com/media/guides/Pre-action%20protocols%20rev2.pdf)
- the claimant writes and gives details of the claim
- the defendant acknowleges in a reasonable time
- the defendant writes a detailed response in a reasonable time - in your case you got CCCS to send them what they wanted within the time limit
- the parties conduct reasonable negotiations with a view to settling without court expense

You defence would be that - you move that their claim be "struck out" due to their failure to comply with Pre-Action Protocols as specified in Civil Procedure Rules - you were not given sufficient opportunity to discuss the matter with them prior to them commencing Action.

In this situation you are not admitting or denying that you owe the debt, you are defending because they are being un-reasonable.

I have found a document that describes the small claims process in clear english http://www.crippslaw.com/pa/dispute-resolution/claims.pdf. It has information about interest being added etc. It is for claims of under £5000 (I think)

Should you wish to do this - you can file an acknowledgement on-line. This will give you extra time to file your defence.

[If you admit, then I don't think that you can question the CCA later. You can send the court your I/E (both to the claimant and to the court). If you don't say anything the court will award a default judgement. You can ask for a redetermination you cannot pay what the court set]

How much are they claiming - is the value incorrect because CCCS are still paying or is it the interest that you think is wrong?

elennor

Thanks for the info-very helpful.
I think they may say they rang us to discuss the account but we do not answer calls when we don't know who it is so we may be at fault there. Is there any law that says they should put it in writing. They may also say that we did not call them to discuss it but I assumed they were accepting as guy said ok and nothing more. Hindsight is a wonderful thing!
The amount is correct and they have deducted our august CCCS payment. They have added interest pursuant to s69 of 34.37p a day to the date of the judgement and I assume this is from the date of the claim.. They have also added £10 interest under the particulars just dated 31st august.. They have a £75 court fee and £80 solicitors costs.
As the claim is dated 1st september I would not have time to request anything now would I?
I am still torn-all is filled out ready to send with us admitting the debt but I still feel I may be doing the wrong thing.
The claim is under £5000

Sparklyfairy

I would acknowledge the claim online & put "defend all" - you can change this at any time. Once you say you plan to defend, you get a further 14 days...so if it's dated 1 sept, add 5 days for postage so you recv'd it 6th Sept, right? So, if you "defend all" you have 28 days from the 6th - if you decide to "admit all" you have to send the info to Restons 14 days from the 6th. Always keep an eye on the dates & submit your info earlier if at all possible esp if you plan on defending... You can send a CPR request to restons (someone on here may have a template - if not there are some good ones on the Legal Beagle website..) This is only able to be done if you "defend." This means they will send you the default notice, cca, etc all for free & with that info you'll see if the dn or cca are incorrect, then that will form part of your defence. Please read all you can regarding this procedure & Restons...loads of info can be found on the CAG or Legal Beagles websites as well as on here.

what_a_muppet

Hiya,

I have just sent you a PM, hope you find it useful x