Restons (Cabot, MBNA) - help needed, please.

[Swaroman]

Hello AAD
I've had a debt that's been unserviced for just over 5 years (one of several), which has been thru 'most every DCA known to man. It recently went to Cabot, who after a nil response from me have passed it on to Restons solicitors; who in turn have written to me. Their letter reads a bit like a Letter Before Action, but isn't titled as such.
The Abbey National credit card was opened in approx September 1998 (when I was staff at that time) and fell into default in or around September 2010 after I'd left. Sometime in its life, it became an MBNA card.
I haven't yet invoked a dispute over the balance that I'm being pursued for, but think it's time I did now.
I need to get the exact date of default from records kept at home.
Should I begin my dealings with Restons with a CCA S.78 request, in part because the balance in question consists of fees/charges?
Hope you can guide me (again!).
Swaroman

[Deepie]

Re: Restons (Cabot, MBNA) - help needed, please.

CCA S.78 request.....that's what I'd do just in case Restons try do something silly

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

CCA S.78 request.....that's what I'd do just in case Restons try do something silly

Hi Deepie
Will send Restons a S.78 letter by recorded delivery plus the £1.00 fee by Postal Order in the immediate days ahead. Tactically speaking and looking further ahead, I'm not minded to give them income & expenditure details - but if (when?) it goes to court, the court can have those facts and figures at a locally held hearing.
Niddy and Jo were brilliant with me regarding another creditor earlier this year, which kinda went to a score draw with 1st Credit.
When it comes to sending the SAR, shall I send that request to Cabot or MBNA, and if so shall I do it now rather than wait to get the summons? Having been thru this I ought to know better what to do, but am under treatment from psychiatric social worker re mental health worries.
Swaro

[Deepie]

Re: Restons (Cabot, MBNA) - help needed, please.

I'd just send a CCA request for now ......

[PlanB]

Re: Restons (Cabot, MBNA) - help needed, please.

I've had a debt that's been unserviced for just over 5 years . . . . It recently went to Cabot, who after a nil response from me have passed it on to Restons solicitors; who in turn have written to me. Their letter reads a bit like a Letter Before Action, but isn't titled as such.
The Abbey National credit card was opened in approx September 1998 (when I was staff at that time) and fell into default in or around September 2010 after I'd left. Sometime in its life, it became an MBNA card.

Don't panic yourself into a kneejerk reaction. Restons would love that. It could also be your legal downfall.

More information needed before you do anything rash. Don't send anything to anyone yet.

Email Restons letter to me using planb@all-about-debt.co.uk and Niddy using webmaster@all-about-debt.co.uk.

What is the deadline Restons have imposed for your response to their letter if any?

When did you last pay anything towards this debt? Who did you pay it to?

Have you ever previously sent a CCA request to Abbey or to MBNA or to any of the DCAs who've been chasing you?

How much is this debt?

If you do need to send a CCA request (I expect you probably will need to depending on your response to this post) it should be sent to Cabot not Restons. You will then need to send Restons a copy of it too.

but am under treatment from psychiatric social worker re mental health worries.

Let's see if we can help you to keep this particular worry at arm's length.

Plan B x

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

Don't panic yourself into a kneejerk reaction. Restons would love that. It could also be your legal downfall.

More information needed before you do anything rash. Don't send anything to anyone yet.

Email Restons letter to me using planb@all-about-debt.co.uk and Niddy using webmaster@all-about-debt.co.uk.

What is the deadline Restons have imposed for your response to their letter if any?

When did you last pay anything towards this debt? Who did you pay it to?

Have you ever previously sent a CCA request to Abbey or to MBNA or to any of the DCAs who've been chasing you?

How much is this debt?

If you do need to send a CCA request (I expect you probably will need to depending on your response to this post) it should be sent to Cabot not Restons. You will then need to send Restons a copy of it too.



Let's see if we can help you to keep this particular worry at arm's length.

Plan B x

Hello Plan B and all

I'll email a photo of the letter from Restons to you and Niddy (plus some other doc's that might interest you), but am keen to share as much info to the forum for the sake of others in a similar situation. This is an old Abbey credit card that became MBNA and eventually ended up at Arrow Global. For a little while in September this year, it was passed to Debt Managers (Services) Ltd in Rotherham who acted as DCA (and to correct myself; not Cabot as I said earlier).
The debt is for some £3700, but there'll be a fair smattering of fees etc in that.
I haven't CCA'd anyone to date.

Regards
Swaro

[PlanB]

Re: Restons (Cabot, MBNA) - help needed, please.

We've now established that Arrow is the current creditor so send a CCA request to them (not Cabot) with a copy to Restons with a covering letter so they know that Arrow has to comply with your request before they (Restons) can do anything else. Send your CCA request by recorded delivery.

No need to send Restons that I & E form.

Arrow will write back to say that they don't envisage themselves as the creditor for s.78 purposes and will return your £1 postal order. They always do this. Nevertheless they also know that they will have to comply with your request.

Keep us posted.

Plan B x

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

Excellent - will do and keep you posted. Many thanks to all.

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

Good morning to all - I've used the template S.78 request letter and will copy in AG's solicitors too with a brief covering letter. Have been perusing the Forum and liked the LBA response letter very much. This forum is a pretty amazing place.

[PlanB]

Re: Restons (Cabot, MBNA) - help needed, please.

will copy in AG's solicitors too with a brief covering letter.

The deadline on the Restons letter you emailed to me is 3rd December (next Thursday) so get it in the post tomorrow 1st Class Recorded Delivery.

Post up the minute you hear anything back from Arrow.

Plan B x

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

The deadline on the Restons letter you emailed to me is 3rd December (next Thursday) so get it in the post tomorrow 1st Class Recorded Delivery.

Post up the minute you hear anything back from Arrow.

Plan B x

Hello to all
The S78 request will go off in good time.
Am wondering if this account is just about SB. After ten years of paying like clockwork from 1998, there's a brief spell of decay into a patchy payment history up to May 2009. Interestingly, there's no mention of this and a number of other a/c's on the ClearScore credit file - maybe they've exceeded the 6 year time line since they were last paid. Irritatingly though, I can't yet lay my hands on statements for the months that follow this to prove/disprove my theory, so will look again for them and also thru bank statements for any payments made.
Will keep you all updated with developments and if I may, with questions too - esp how to filibuster it along until SB, if I'm not quite there.
Regards
Swaro'

[cymruambyth]

Re: Restons (Cabot, MBNA) - help needed, please.

If you can confirm the last payment date for yourself, it's up to them to prove it. Don't mention SB yet, by sending the s78 request to Restons it will help to delay things and hopefully reach SB.

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

If you can confirm the last payment date for yourself, it's up to them to prove it. Don't mention SB yet, by sending the s78 request to Restons it will help to delay things and hopefully reach SB.

Hello Plan B

I've had a reply from Restons, who take exception to me not signing the covering letter that I sent them - I can email you an image of it if you'd like. To date, nothing from Arrow Global.
I typed in my name at the bottom of the covering letter to them and the CCA request to AG, rather than sign it by hand.
Might Restons have a copy of the signed agreement already, so that they can compare signatures to verify me, are they just being waspish?
Tell me if I'm wrong, but would it be best to not enter further dialogue with Restons regarding this letter, and wait for a response from AG re the CCA request? Maybe others on the forum feel similarly confused?
If Restons get restless (so to speak) by sending court papers, I'll come back to you for guidance.

Regards

Swaro

[PlanB]

Re: Restons (Cabot, MBNA) - help needed, please.

I've had a reply from Restons, who take exception to me not signing the covering letter that I sent them - I can email you an image of it if you'd like. To date, nothing from Arrow Global.

. . . Tell me if I'm wrong, but would it be best to not enter further dialogue with Restons

Restons have a bee in their bonnet about signatures at the moment

I expect they've said that because they can't think of anything else to say. See it as a begrudging acknowledgement that they now know a CCA request has been sent to their client which means they should down tools until Arrow complies with your request.

They're sulking that's all.

You've told them the position so there's nothing more for you to do (on the assumption you enclosed the £1 statutory fee with your CCA request to Arrow).

There's no point in second guessing what documents Restons have/have not got.

You can email the letter to me if you like just to make sure there isn't a veiled threat in it, which I doubt.

Plan B x

[Swaroman]

Re: Restons (Cabot, MBNA) - help needed, please.

Hello all - hope you're all set for a peaceful new year.

I got a letter from Arrow Global just before Christmas in response to the CCA request. They state that they don't accept that they're the "original creditor as envisaged by the above statute". So, they say they'll make a request for the documentation from the creditor and will suspend all collection activity, pending provision of the documents.
They also returned the £1:00 Postal Order. No further letters from Restons of late.
Any thoughts from experts on what I should expect to do next - assuming that they can cobble together a response to the CCA response?
If need be, I can send Niddy and Jo a copy of the letter from Arrow G.

Regards

Swaro