Restons - Charging Order

[PlanB]

Re: Restons - Charging Order

I have sent a CPR 31.14 request to Restons they have returned it saying that as it isn't signed they won't respond, am I correct that I don't have to sign it?

You can sign the CPR 31.14 Request letter since Restons will have already seen your signature on the end of the Defence which you would have filed at court last month (33 days from the claim Issue Date).

At least I assume you filed a Defence before the deadline (or did you agree an extension with Restons under CPR 15.5?) since you didn't instruct Jo to deal with your claim.

When the court received your Defence they will have sent it to Restons who have 28 days to inform the court whether they intend to continue with these legal proceedings. If they do nothing then the claim is automatically stayed (a pause button) until they decide to lift it, or you decide to make an Application for a strike out.

If Restons inform the court that they intend to continue you will be sent a Directions Questionnaire to complete by a deadline. If you miss that deadline your Defence may be struck out so note the date in your diary.

I expect Restons' decision will be based on whether they believe they can cobble together the paperwork pre-trial.

After that you will get a Notice of Transfer to your local county court who will send you a Notice of Hearing with Directions from the court on when you must file your Witness Statement (typically 14 days before the hearing unless date specific).

Your email last night says you've received your SAR response from MBNA. This will contain information which will help you with your WS especially the Transaction Log which can prove to be most illuminating.

Depending on what (if any) documents the Claimant discloses along the way (in response to your CPR 31.14 Request to Restons) you may need to file an Amended Defence as a reaction. To do this you will need to make an Application to the court for permission on a N244 Form with a £255 fee (unless you're entitled to fee remission or only £100 if you're happy for the court to decide your Application without a hearing).

Alternatively you can approach Restons for consent to file your Amended Defence.

Restons can be very aggressive and tend to write to Defendants telling them to withdraw their Defence or they'll make an application for a Summary Judgment to strike it out. They only do this to Litigants in Person not those with legal representation because they know what a solicitor's response would be to that!

I hope I've helped to explain what lies ahead whilst being mindful of your thread title.

If you want to read other threads on court claims you may wish to join AAD+ where discussion takes place in private >

http://forums.all-about-debt.co.uk/aad-members.php

Di

[cymruambyth]

Re: Restons - Charging Order

If you are getting legal advice, please check with them before doing anything; as MP says, it's always good for others to have updates on what is or has happened.

[marypoppins]

Re: Restons - Charging Order

PlanB has such a wealth of knowledge and is so helpful, Jo too!

Yes it's good to post here too so that we keep up to date with it.

[MellyJ]

Re: Restons - Charging Order

Thanks, I have, wasn't sure if I should post on here as well. Plan B has been fab so far!

[marypoppins]

Re: Restons - Charging Order

Isn't Jo having a look at this for you Mellyj?

Send an message to PlanB, she works with Jo.

[MellyJ]

Re: Restons - Charging Order

Hi, I have sent a CPR 31.14 request to Restons they have returned it saying that as it isn't signed they won't respond, am I correct that I don't have to sign it? Thanks

[PlanB]

Re: Restons - Charging Order

I am waiting to hear from your solicitor who was looking at the court form but conscious that the clock is ticking and I need to send the form to the court, any advice on what I should do? I don't want to miss the deadline and they make a decision without my input.

Check your emails

Di

[MellyJ]

Re: Restons - Charging Order

Hi, thanks for your help so far. I am waiting to hear from your solicitor who was looking at the court form but conscious that the clock is ticking and I need to send the form to the court, any advice on what I should do? I don't want to miss the deadline and they make a decision without my input.

[MellyJ]

Re: Restons - Charging Order

Thanks, I'll do that today.

[PlanB]

Re: Restons - Charging Order

January 2009, I've also just e-mailed over the front page of the court claim form

Okay, now you need to send a Subject Access Request to MBNA so you've got the full history of the account. This will become helpful when the Claimant produces any documents or reconstitutes documents - you'll be able to see if that paperwork is 'honest and accurate'.

Here's the forum SAR template letter. Don't forget to include the £10 statutory fee. It'll be well worth the investment

AAD SAR template > http://forums.all-about-debt.co.uk/s...l=1#post495040

Di

[MellyJ]

Re: Restons - Charging Order

January 2009, I've also just e-mailed over the front page of the court claim form

[MellyJ]

Re: Restons - Charging Order

January 2009

[PlanB]

Re: Restons - Charging Order

It was for an MBNA credit card.

When was the MBNA credit card account opened?

Di

[MellyJ]

Re: Restons - Charging Order

Hi, It was for an MBNA credit card. I'll e-mail the court form over in the morning. Thanks for your help!

[PlanB]

Re: Restons - Charging Order

I have today received a County Court Claim form!! Should I reply saying I disagree with the claim

No need to panic

You sent a CCA Request in September last year which has not been complied with according to this thread.

Email a copy of the claim form (front page N1) to Niddy and we'll take it from there.

You have 19 days from the claim Issue Date (top right corner of the claim form) to respond.

I've taken a peek back through your thread and I can't seen who was the original creditor (before Arrow purchased the debt) and whether it was a credit card, loan or bank overdraft etc.

Di