Restons/ claimform - old halifax card 'debt' default judgment set a side..defence?

[lineol]

This week, I received response back from Restons for my Halifax credit card debt,

for a case which is already in court.

 

But in their response they provided an approximate date of credit card agreement and

 

said '... Halifax card agreement entered into by the defendant on or around 22 August 2011...'

 

Can they still get a judgement without providing an original date of credit agreement.

 

They provided a reconstituted credit agreement with some dates at the bottom

but they do not match with the date they mentioned above.

[Peterbard]

If this is the response to a section 78 request it is not compliant, and this can be used in your defence.

[dx100uk]

hi

 

 

if you have a court claim

can you fill this out please

then we will have the correct info to advise properly

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[lineol]

Name of the Claimant: Cabot Financial Ltd

Name of Solicitors: Restons Solicitors Ltd

 

Date of issue – 21/03/16 -this is notice of hearing and directions

Defence due - 06/04/16

 

What is the claim for – the reason they have issued the claim? Stopped payment back in March 2015

 

What is the value of the claim? £4595

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

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

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Dont remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Couldn't cope with the amount of debt

 

What was the date of your last payment? March 2015, I think

 

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 managementicon plan? No

 

Hi

Could it be defended? If yes, then what could I use for my defence? I need to provide a defence in the next few days.

Thanks

[Andyorch]

Date of issue – 21/03/16 -this is notice of hearing and directions

 

You sure?...should be a claim form N1.

 

Andy

[dx100uk]

Poc please

[lineol]

Date of issue – 21/03/16 -this is notice of hearing and directions

 

You sure?...should be a claim form N1.

 

Andy

 

Yes, that is correct. I applied to set aside a default judgment, which they accepted and then the judge ordered the hearing and these are the directions.

[Andyorch]

Yes, that is correct. I applied to set aside a default judgment, which they accepted and then the judge ordered the hearing and these are the directions.

 

With you ...your title thread is not clear.(amended)

 

So you have your set a side and now have to submit a defence...what are the other directions please lineol

[lineol]

I think that they are likely to win judging from the paperwork they submitted

(debt assignment letter from Halifax, re-constituted credit agreement etc)

and what the judge said to claimant solicitor at the time of setting aside hearing that

 

 

"you need to provide assignment of debt under property act 1925 (i think) and credit agreement".

 

 

Even though their solicitor did not provide a concrete date for the credit agreement

by saying on or around 22nd of August 2011,

 

 

but that date does match with my credit file.

 

 

I think that I should admit the debt and save the hearing fee and hassle, but I don't know how to approach this?

[Andyorch]

Well if you wish to settle you can simply ring the solicitor acting and suggest that a tomlin order may be appropriate with a monthly arrangement payment plan..providing they stay the claim and each party stand their own costs so far.

[lineol]

Well if you wish to settle you can simply ring the solicitor acting and suggest that a tomlin order may be appropriate with a monthly arrangement payment plan..providing they stay the claim and each party stand their own costs so far.

 

Thank you Andy for your advice, but I am a little confused about the Tomlin Order rather than just a normal court order. What I read so far about Tomlin Order is that it may not be suitable for cases where just the payment of the money is involved. Is this correct?

 

Secondly, what happens if the other party does not agree with the amount of monthly payments and are being unreasonable as to which expenses in their opinions are to be cut to increase their payment amounts etc? In such a case, would it not be better for the Judge to decide on the monthly amounts?

[dx100uk]

why don't you scan up this bog roll recon they have sent you please?

[Andyorch]

Thank you Andy for your advice, but I am a little confused about the Tomlin Order rather than just a normal court order. What I read so far about Tomlin Order is that it may not be suitable for cases where just the payment of the money is involved. Is this correct?

 

Secondly, what happens if the other party does not agree with the amount of monthly payments and are being unreasonable as to which expenses in their opinions are to be cut to increase their payment amounts etc? In such a case, would it not be better for the Judge to decide on the monthly amounts?

 

If you let it proceed to trial and if you lose yes the court will decide payment...but you will get a CCJ.The Tomlin Order avoids the CCJ (Judgment) and payment terms and amounts can be negotiated as part of the Tomlin order.

[lineol]

Thank you Andy for clarification.

 

 

how should I go about Tomlins Order with the other side of solicitor

(e.g. should I say that I admit the total debt etc, make a monthly offer),

and what I need to bear in mind about it?

 

I am also concerned that they may not agree to say £40 a month,

because at this rate it will take over 9 years to clear the debt?

 

 

Lastly, can they demand and be granted interest payments (8%) from court if not agreed?

[Andyorch]

No need for any admittance...simply suggest that you may be agreeable to a possible settlement by way of a Tomlin Order..test the water..they will either agree or refuse.

 

And no 8% section 69 is only applicable if a judgment is passed and is at the discretion of the court...so remove that from any negotiations.

 

 

Andy

[lineol]

No need for any admittance...simply suggest that you may be agreeable to a possible settlement by way of a Tomlin Order..test the water..they will either agree or refuse.

 

And no 8% section 69 is only applicable if a judgment is passed and is at the discretion of the court...so remove that from any negotiations.

 

 

Andy

 

 

If I am to put to them that I may wish to settle by way of Tomlin order, then could they construed it as admittal and go to court for a summary judgement?

[martin2006]

Might then be a good idea to put the tomlin request in writing to the solicitor with the letter headed "without prejudice"

They wouldnt be able to use it against you if it should go to court.

 

Just my thoughts, Andy will clarify if incorrect

[Andyorch]

If I am to put to them that I may wish to settle by way of Tomlin order, then could they construed it as admittal and go to court for a summary judgement?

 

Not particularly....application for summary judgment would not be based on any admittance...more like balance of probabilities and overriding object.

 

I personally wouldn't request/suggest it in writing......ring them.

 

Another part also applicable, is costs.....£50 for a Tomlin Order verses £255 and counsel fees for Summary Judgment... you may end up paying either.

[lineol]

Thank you Andy and Martin for your advice. I will ring them tomorrow.

[dx100uk]

how about scanning up this agreement they sent you...

let us help on IF it IS enforceable rather than throwing the towel in.........

[mercyblue]

If they turn down a reasonable tomlin order and proceed with court action and end up with effectively the same thing, by that I mean monthly payments, how is that following the overriding objective?

[Andyorch]

Tomlin Orders are an option that a claimant may decide to use at their discretion for whatever reason..usually for financial commercial reasons when its favourable to proceeding with the claim.

It has no relevance to CPR 1..but an option to dispense with the process.

 

I think you may be betting confused with a Part 36 offer MB.

[mercyblue]

I was musing the possibility of using an offer of a tomlin order as some sort of leverage for the defendant.

 

Surely if you made a reasonable offer which was refused and it went to court where only the same terms were set.

 

Wouldn't you then be in a position to ask for the claimant to bear their own costs at least.

 

I don't see why you couldn't cite the overriding objective then as they could have achieved the same result

without court action.

 

It would I suppose only be of much use in relatively small claims.

[lineol]

I was musing the possibility of using an offer of a tomlin order as some sort of leverage for the defendant.

 

Surely if you made a reasonable offer which was refused and it went to court where only the same terms were set.

 

Wouldn't you then be in a position to ask for the claimant to bear their own costs at least.

 

I don't see why you couldn't cite the overriding objective then as they could have achieved the same result

without court action.

 

It would I suppose only be of much use in relatively small claims.

 

I see what you mean, but I think if you are able to cite what was discussed in confidence, the it beats the original objective.

 

But anyhow,

after a few emails back and forth with their solicitor,

he wants to know the details right down to what i eat and drink,

before they would let me know if it is acceptable to their clients.

 

 

For example, they want to know all the details about my employer, property and it values

and equity, number of cars and their values, number of adults and dependents living in the house,

other debts and credit cards etc.

 

 

I was expecting this, and I can expect that once they had received all this,

then they would ask for bank statements, bill, and payslips etc.

 

Can they legally interrogate your life to this extent?

If I went to court, then will the court ask for similar details,

or just income and expenditure and proof of income and expenditure in the form of payslips and bank statements etc?

 

I am now of the firm opinion that I should ask the court to decide the monthly payment,

because even if after all the hassle they accepted a Tomlin order,

I suspect that they may enter a clause for me to disclose similar information every year or sooner,

which I think that lowlifes have no right to!

 

Is it possible to send the lowlifes proposal (instead of asking for Tomlin order)

with income and expenditure and part of bank statement to avoid the upcoming hearing

to save a few hundred pounds of court cost which I will have to pay anyway?

[Ford]

If I went to court, then will the court ask for similar details

this is an eg of what sort of info the court wld want to see if required..

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf