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  • MellyJ
    replied
    Re: Restons - Charging Order

    Hi, I have today received a County Court Claim form!! Should I reply saying I disagree with the claim and if so, do I just say it's unenforcable or do I complete the income and expenditure part and offer the £20 a month that I'm already paying. Thanks in advance for your help. I'm now panicking!

    Leave a comment:


  • nanna58
    replied
    Re: Restons - Charging Order

    Have you read he above yet Mel ? If Niddy says it's UE it is, following the guide lines on AAD has helped most of us and saves paying these bullies. You could also read through the diaries to give you an idea.good luck xxxx

    Leave a comment:


  • JLC
    replied
    Re: Restons - Charging Order

    A guide to UE can be found here http://forums.all-about-debt.co.uk/s...PDATED-09-2015

    good thing to do is read through some unenforceability diaries which will give you a good understanding.

    Leave a comment:


  • MellyJ
    replied
    Re: Restons - Charging Order

    Originally posted by PlanB View Post
    I'd be tempted to write back to Arrow since they own this debt but use Restons to collect it on their behalf.

    There may be a suitable template letter such as the Missing Prescribed Terms one (or another more appropriate one) which you could send since the debt is UE. Perhaps tweak it to include harassment because their 'representative' is threatening you with a CO on your home when they are not in a legal position to carry out that threat.

    I got loads of debts Statute Barred last year because I followed the AAD formula for managing UE debts with a series of template letters. That might work for you too.

    Are you only continuing to pay because Restons have scared you into paying?

    Di
    Hi,

    Yes, I'm paying because I was worried they would take further action. I will send the template you suggested. Do you think I should carry on paying? (Sorry, can you just explain what UE is?)
    Thanks for the advice, really appreciate it

    Leave a comment:


  • PlanB
    replied
    Re: Restons - Charging Order

    Originally posted by MellyJ View Post
    I sent the CCA request off today, recorded delivery to Arrow Global who Restons are representing,

    I'd be tempted to write back to Arrow since they own this debt but use Restons to collect it on their behalf.

    There may be a suitable template letter such as the Missing Prescribed Terms one (or another more appropriate one) which you could send since the debt is UE. Perhaps tweak it to include harassment because their 'representative' is threatening you with a CO on your home when they are not in a legal position to carry out that threat.

    I got loads of debts Statute Barred last year because I followed the AAD formula for managing UE debts with a series of template letters. That might work for you too.

    Are you only continuing to pay because Restons have scared you into paying?

    Di

    Leave a comment:


  • Pixie
    replied
    Re: Restons - Charging Order

    As PlanB says, Restons are bullying you and hoping to scare you into paying more. I wouldn't even dignify their letter with a reply.

    If it were anyone else but Restons I'd suggest stopping payments.

    Leave a comment:


  • PlanB
    replied
    Re: Restons - Charging Order

    Originally posted by MellyJ View Post
    Got a letter today saying they are again going to apply for a Charging order
    They can apply for a Charging Order all they like, but they won't get one since they haven't even got a CCJ yet.

    You're being bullied. Pure and simple.

    I know what I'd like to write back to a letter like that from Restons but it's probably not printable on a public forum

    Di

    Leave a comment:


  • MellyJ
    replied
    Re: Restons - Charging Order

    Hi, I've heard nothing from Restons since August 2016, your very helpful post in September said the debt was unenforceable. . I have carried on paying £20 a month to Reston. Got a letter today saying they are again going to apply for a Charging order unless I'd like to increase my payments. Are they just trying it on again? Should I just ignore them or write to them and tell them it's unenforceable. Thanks in advance for you help.

    Leave a comment:


  • IF
    replied
    Re: Restons - Charging Order

    Originally posted by pipsaholic View Post
    Hi,

    What are PT'S (stand for)?

    Thanks.
    PT's stands for Prescribed Terms, welcome to AAD pipsaholic

    Leave a comment:


  • pipsaholic
    replied
    Re: Restons - Charging Order

    Hi,

    What are PT'S (stand for)?

    Thanks.

    Leave a comment:


  • SaltnVinegar
    replied
    Re: Restons - Charging Order

    Originally posted by Never-In-Doubt View Post
    This is unenforceable. There are no PT's and it's a really bad attempt to satisfy s.78.

    Great news Mel!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Restons - Charging Order

    This is unenforceable. There are no PT's and it's a really bad attempt to satisfy s.78.

    Leave a comment:


  • nanna58
    replied
    Re: Restons - Charging Order

    Good luck Mel xx

    Leave a comment:


  • MellyJ
    replied
    Re: Restons - Charging Order

    Hi, I've just e-mailed you a copy of the credit agreement. Thanks for your time and help with this

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Restons - Charging Order

    It's in my signature on every post plus I told you 3 posts up ^^^^

    Leave a comment:

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