Restons solicitors help please!

shinyhead

shocktactics69 wrote: »

Also should I get a SAR as I am sure they dont have a signed agreement from me...will it slow the charging order down?
Sorry for all the questions.

I've assumed that you haven't so far asked for any proof of the debt. Have they supplied any documents or mention any in the claim form?

I'm going to go through some old paperwork to see what mine said and I'll post back shortly.

My suggestion is that you defend the claim and demand they provide proof of the debt by providing a copy of the original agreement, default and termination notice etc. I decided not to simply roll over and admit, defended it and they went away.

Talk in a little while.

shinyhead

Hi again,
I've just taken a look at mine and reminded myself of what went on:

1. I acknowledged the service and stated I intended to defend all the claim.

2. I defended online basically demanding they prove it. I can help with this.

3. I wrote to the sols demanding any paperwork to be sent to me before any court date. This is your right I believe under the Civil Procedure Rules.

4. I had a letter from the court saying my defence had been received.

5. It never went to court.

Presumably the claim has been issued from the Northampton County Court Bulk Centre. If you simply admit the claim it doesn't even necessarily get seen by a Judge, but by some minion. You might find that the level of payments set is too high.

If you defend you can ask for it to be transferred to your nearest county court. There it will be seen by a Judge.

If they produce 'proof' before it gets to court you can have it examined for legality. If it does seem legal you can simply change your plea and admit.

You still need to fill in your I&E form just in case you in the end admit or lose.

Basically if you're prepared to fight this I can help.

Anyone else any comments?

shocktactics69

Hi,
Thank you for that I have kept all my statements from this card even from the start, so have those but I dont have any agreements at all.

The claim is from a bulk centre in Northampton and I think I would prefer it to be heard down here as I dont like them making judgments without me having any say in the matter, not that I have a clue if I went anyway lol.

Ok so if I acknowledge online and defend all the claim, I then have to put a defend my reasons for not accepting the claim? it that right.
I then send a letter to Restons or MBNA asking for all documentation?
Also even if they cant produce a CCA I thought that didnt matter now as courts still say you owe without the cca regardless.
I have no issues with buying time but will need some help as defending myself against these sharks is scary.
You are all sooo helpful by the way.

shocktactics69

Oh sorry, forgot to answer they did not provide any documents with the claim forms... just the claim forms on there own with an amount on the forms plus court charges.

I recieved a letter fronm MBNA saying my account had terminated which I still have, cant remember if I had a default to be honest.

Hope this helps

Sparklyfairy

You are correct that you can essentially get a SAR free (normally £10) since they started legal proceedings...DO THIS NOW! Time is of the essence & they will use up all of your 28 days before you receive any docs. TBH I'd head over to the CAG forums b/c they can really help you put your defence together & see if your CCA is enforceable or not (also go here for help with CCA enforceability..creditors STILL have to follow the rules..) At the momet, acknowledge the claim & click "defend all" - this can be changed later if your agreement is infact enforceable..

hth x

shinyhead

Hi again!

As you took the card out pre-2007 then if they either can't produce an agreement or produce one that isn't legit then you could stand a good chance. To be honest it might be all down to the Judge on the day. There are clear Office of Fair Trading guidelines that if no agreement can be found then they can take you to court but a judgement can't be made against you.

This might be all a lot to take in so can I suggest you sleep on it? I appreciate it's all very stressful, I know I've been there! My opinion is that it could be worth the effort, as even if you lose then your payments should be set at a level you can afford, rather than ones some spotty legal clerk think you can.

There are some small areas I'm not completely sure about as mine never actually went to court. So can anyone say if the claim is defended then lost would Shocktactics be financially worse off than if it were simply admitted?

shocktactics69

Ok so who do I write to to get all of my documents, do I write to restons or MBNA?
Are there any templates I can use to word it correctly?
S x

Sparklyfairy

Restons. Again - head to the CAG as the people there are well versed with Restons et al. Seriously, with your situation I feel you need to read as much as possible on Charging Orders & Orders of Sale - Restons are sharks & you need as much info as possible to help you here & while MSE forums are great, they don't tend to cover the in's & out's of legal proceedings. I've been through it all with them & they are absolutely vile.

chanz4

why not sell the property you dont live in, giving you financial freedom?

shinyhead

Great suggestions from sparkly.

Take a look round the CAG forums and search for Restons. You'll also be able to find out what to send and where. They are probably more up todate than me.

Especially as so far you've not asked for an agreement simply don't gor for the admit. Don't assume that because they're taking you to court that they have the paperwork in order! They are chancers!;)