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

[OverMyDeadBody]

Hi everyone,

First timer here, so I hope I am posting in the right section.

To cut a long story short, I got myself into a lot of debt (after a messy divorce, depression, online gambling addiction) which culminated in a DMP with CCCS in July,2008. All my creditors stopped adding interest, except Barclaycard, at the time. My DMP ticked along until March 2012 (during which period I payed back almost £90 000 of original debts totaling approximately £133 000), I then, unfortunately, had a crisis with my ongoing poor mental health (not helped by debt), and as an aftermath to a serious suicide attempt, lost my job, had my house repossessed and left the country for a year to spend time with family in South Africa. I cancelled my DMP after all this happened, and my last payment to CCCS for my debts was on 1/3/12..

I returned home to the UK in September 2013 and have slowly been rebuilding my life, getting my career back on track etc. Since my return, I have moved several times, but each time, eventually the DCA's have tracked me down and I have received an endless number of requests for payment for my various credit cards and loans which I have ignored. None of the DCA's have received any acknowledgement of debt from me since my last payments to them through CCCS towards the end of March 2012.

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.

So I would like some advice on how to fill out the reply form provided with the letter of claim. Should I tick box D saying I dispute the debt and if so, what should I give as my reasons? Or should I tick box C which says I don't know whether I owe the debt?
And from what I have read on the forums here, I presume a CCA request is also recommended. Who do I request this from? MBNA? or the DCA Cabot? Do I use the reply form that came with the letter?
I am also aware that this debt is tantalisingly close to statute barred if I am correct in my thinking?

Any help would be greatly appreciated. Thanks in advance.

[Roger]

Welcome to AAD
And for setting out your Diary entry.

The AAD starting point is with a CCA S.78 Request (the Template Letter is carefully worded to avoid acknowledging the Debt) this sent to CABOT
You will also need a SAR from MBNA cost £10
I note you had a DMP with CCCS you should also send CCCS a SAR

The SAR's together will give you the missing background information that you need will take up to 40 days.

You have up to 30 Days to reply to RESTONS and when you do you should send a Copy of the CCA Request

Probably a good idea to alert the AAD Legal Team here especially since your total debts were up to £133,000 of which some £43,000 is still outstanding.
Diana Mayhew di@joannaconnollysolicitors.co.uk.

Could you set out these in the same Diary format!

[cymruambyth]

Hi and welcome to AAD, congratulations on clearing so much debt. The advice can be to fill in d, but there is some debate about how much information that you ask Restons to supply. They should have all the documentation before issuing a claim but don't always which can help your case. If you request an agreement from Cabot they have 12 + 2 days to supply it and whilst in default they can’t or shouldn’t issue a claim. Once they do supply the documentation this changes and it is down to a review of the agreement supplied and whether it is legally enforceable.

[OverMyDeadBody]

Hi,

Thanks for the replies and advice so far. Sorry for the late response, I have just got home from work.

So to clarify my next steps should be:

1) send a CCA request (with a £1 postal order) to CABOT and send a copy of the request to Restons (no £1 payment)

2) send SAR to MBNA (with £10 postal order) (I have no chequebook)

3) send SAR to CCCS (with £10 postal order)

4) return the reply form to Restons within 30 days of 29/1/18 and tick box D?I dispute this debt because? (what should I write?) and should I fill in section I: I need more documents or information -and what should I request?

OR should I not return the reply form at all and only send Restons a copy of the CCA request I will send to CABOT. ( I worry that they may use this to take me to court if I don't return the form within 30 days)

Sorry for all the questions, I feel a bit overwhelmed and out of my depth.

I will do separate posts for my other debts when I have more time, hopefully over the next week or so, but they are sleeping dogs at the moment, so I will let them lie for now, while I start dealing with this urgent one first.

[Roger]

Tactics are really important and this is new ground with this LBC
Yes to clarify your points 1 to 3 for point 4 I think that contacting with AAD Legal Team and Diana Mayhew di@joannaconnollysolicitors.co.uk. would be wise.

As you have other DEBTS that SAR to CCCS (hopefully this will cover ALL of your other not disclosed Debts!)
Also there is a possibility of Statute Bar here and hopefully the two SAR's will assist in establishing whether this is the Case or NOT (CCCS were in effect your Agents!) with this and perhaps your other Debts?

As for CABOT read the following
https://www.all-about-debt.co.uk/for...50#post1291550
MFS Portfolio Ltd their FCA licence was cancelled in 24/04/2015

[cymruambyth]

You do need to return the form and I would think tick box d, you don’t really have to give a reason, but wait until nearer the 30 days before replying. If you don’t reply they may issue a claim straight away. As for documents they don’t always have them before they issue a claim so it is sometimes better not to ask for anything in case they aren’t able to supply them in the legal time frame, which is why I may also hold back on sending a copy of your CCA to Restons.

[OverMyDeadBody]

You do need to return the form and I would think tick box d, you don’t really have to give a reason, but wait until nearer the 30 days before replying. If you don’t reply they may issue a claim straight away. As for documents they don’t always have them before they issue a claim so it is sometimes better not to ask for anything in case they aren’t able to supply them in the legal time frame, which is why I may also hold back on sending a copy of your CCA to Restons.

Thanks for the advice. I was planning to send a copy of my CCA request (that I am sending to Cabot) to Restons, not the CCA itself (which I don't have as yet).
I have messaged Dianna Mayhew as suggested by Roger and am awaiting her input regarding the form as well, before I do anything.

And yes, the plan was to send it as close to the 30 day limit as possible. If I am as close to SB as I think, I want to hopefully stretch the time to my advantage.

[cymruambyth]

Sorry i did mean request not the document!

[OverMyDeadBody]

no worries, thought I was missing something....

[Joanna Connolly Solicitors]

I was planning to send a copy of my CCA request (that I am sending to Cabot) to Restons, not the CCA itself (which I don't have as yet).
I have messaged Dianna Mayhew as suggested by Roger and am awaiting her input regarding the form as well, before I do anything.

And yes, the plan was to send it as close to the 30 day limit as possible.

Hello

You're on the right track.

Send the CCA Request to Cabot with a copy to Restons. Send both by Royal Mail Recorded Delivery.

Return the LBC reply form to Restons near to the deadline. Tick Box D then go to Section 4 and in Box I ask for the credit agreement but nothing more at this stage. Definitely don’t fill in the Income and Expenditure section.

Is the owner of this debt named as Cabot Financial Ltd or Cabot Financial (UK) Ltd which is unlicensed ?

Di

EDIT: I’ve just read your PM - the owner of the debt is Marlin Financial Services (which may have licensing issues)

[OverMyDeadBody]

Thanks for the advice regarding what to fill in on the LBC form, Diana.

I have already sent the SAR requests to CCCS (Stepchange) and MBNA , and the CCA request to MFS Portfolio (Cabot) to get the ball rolling (by Royal Mail Recorded Delivery).

Will post the LBC reply form and copy of CCA request to Restons on Monday by Royal Mail Recorded Delivery.

Sorry I missed your call today. I am a veterinarian so I consult and operate from 8.30am until about 2pm and then consult again from 4-7pm in the evening, Mon-Fri, so I tend to be one of those difficult peeps to get hold of on the phone. As I said in my email, I am off work on Wednesday and Friday this week for some much needed R&R, so hopefully we will be able to chat then.

Thanks everyone for your help and advice so far, will keep this thread updated.

[OverMyDeadBody]

Update

I posted the LBC reply form to Restons with a copy of the CCA request I had sent to Cabot. I ticked box D on the form and ticked box I and asked for the credit agreement. Restons received this paperwork on Tuesday. They have now sent me my original completed and signed reply form back with the following cover letter.

"We acknowledge receipt of your Reply Form.

Under Box D of Section 1 we note you have indicated that you wish to dispute the debt.

The reply form asks you to "Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide copies of any supporting documents."

Please provide the further information requested by the Reply Form so that our client can understand your position by no later than Tuesday, April 5, 2018.

We note that you have filed a CCA request with our Client. This file will be placed on hold until such time that the request has been complied with. We shall contact you further in due course."


What do I do now?? are they allowed to stop my CCA request just like that and put it on hold?? I would presume the CCA is be needed for the debt dispute part.

[CAPS ESC]

They have put their claim on hold whilst they wait for your cca request to be fulfilled. They will then be in touch again to either pursue or not. i believe you can sit tight until then. If ou hear nothing by April 1st. I would then send some vague detail as a dispute so that they can't deliver your cca at the last minute and issue a claim. i hope others will confirm this.

[OverMyDeadBody]

aah thanks I misunderstood when they said they were putting the file on hold, I thought they were talking about the CCA request being put on hold. Blonde moment :P

[Joanna Connolly Solicitors]

Update

I posted the LBC reply form to Restons with a copy of the CCA request I had sent to Cabot. I ticked box D on the form and ticked box I and asked for the credit agreement. Restons received this paperwork on Tuesday. They have now sent me my original completed and signed reply form back with the following cover letter.

"We acknowledge receipt of your Reply Form.

Under Box D of Section 1 we note you have indicated that you wish to dispute the debt.

The reply form asks you to "Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide copies of any supporting documents."

Please provide the further information requested by the Reply Form so that our client can understand your position by no later than Tuesday, April 5, 2018.

We note that you have filed a CCA request with our Client. This file will be placed on hold until such time that the request has been complied with. We shall contact you further in due course."


What do I do now?? are they allowed to stop my CCA request just like that and put it on hold?? I would presume the CCA is be needed for the debt dispute part.

You sent a valid s 77-79 CCA Request to the debt owner. If they don't comply by the deadline then the debt becomes unenforceable in court until or unless they do comply. Restons will know that so have put the account on hold.

I can't think why they've sent back your LBC reply form except they appear to want you to expand more on the "dispute" you have. This reminds me of my history teacher at school who was forever giving me back my homework to 'try harder'

You can ignore that letter and definitely don't write back with even a vague description of a dispute. They don't say what they'll do to you if you don't respond by 5th April perhaps because there's nothing they can do except write you another letter.

Maybe they will, maybe they won't. Let's wait and see since the ball is in their court.

Di