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Letter of claim Pre Action Protocol received from Restons Solicitors. What should I do next?

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  • #16
    Thanks, Di,

    I will sit tight then and ignore their "teacher" threat lol

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    • #17
      Update: nearly 3 months have passed and not a peep from Restons or Cabot.......Thanks again to everyone here for their help!

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      • #18
        If my thoughts are right and the last payment made via a DMP was in early 2012, this debt should now be statute barred. If they do write, don't tell them though. I would also make sure I keep evidence of the cca request in case they try to say you made a payment of 1.

        Dont mind my negative thoughts I try to think not just what if but what if the what if happens.

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        • #19
          Originally posted by OverMyDeadBody View Post
          Update: nearly 3 months have passed and not a peep from Restons or Cabot.......Thanks again to everyone here for their help!

          Originally posted by Warwick65 View Post
          If my thoughts are right and the last payment made via a DMP was in early 2012, this debt should now be statute barred. If they do write, don't tell them though. I would also make sure I keep evidence of the cca request in case they try to say you made a payment of 1.

          Dont mind my negative thoughts I try to think not just what if but what if the what if happens.
          Have you had responses to your SAR's yet? Hopefully to fill in the blank details here and confirm or otherwise your early 2012 date!
          I concur with Warwick's thoughts here

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          • #20
            Originally posted by OverMyDeadBody View Post

            I received a Pre Action Protocol letter from Restons Solicitors dated 29/1/18 and would appreciate some advice on what to do next.

            They are chasing an MBNA credit card debt, currently with DCA MFS Portfolio Ltd (Cabot) for 3852.09.
            The details they have provided regarding the debt are as follows:

            Original Creditor: MBNA
            Type of Account: Credit Card
            Original Account Number: 4129xxxxxxxxx744
            Account Open Date: 25 September 2001
            Termination Date: 19 March 2013
            Date of assignment: 31 October 2014
            Last payment date: 18 February 2013

            The last payment date they state is definitely not true, Firstly, I was not in the country nor did I have any money to make a payment, and secondly, I have a copy my MBNA credit card statement dated 14 April 2012, clearly showing a payment of 252.68 on 26 March 2012, leaving a balance of 3852.09 which is exactly the balance they are chasing me for. Why it took them almost a year to default on 19/3/13 is a mystery to me.

            Who said that the last payment date was 18th February 2013 and what evidence has been produced to support that (if any)?

            Don't ask any questions at this stage as that could inspire them to make an effort to seek proof. They may not realise that the debt might be Statute Barred if your last payment was in March 2012.

            However, you say that the MBNA credit card wasn't defaulted until 19th March 2013 so it's possible that they would rely of the default date for the Cause of Action for Statute Barred purposes.

            On the plus side I note that the debt owner is MFS Portfolio which may have lack of FCA authorisation issues if they attempt to enforce the debt in court.

            Di

            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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