Restons - Charging Order

[PlanB]

Re: Restons - Charging Order

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

[Pixie]

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.

[PlanB]

Re: Restons - Charging Order

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

[MellyJ]

Re: Restons - Charging Order

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

[JLC]

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.

[nanna58]

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

[MellyJ]

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!

[PlanB]

Re: Restons - Charging Order

I have today received a County Court Claim form!! Should I reply saying I disagree with the claim

No need to panic

You sent a CCA Request in September last year which has not been complied with according to this thread.

Email a copy of the claim form (front page N1) to Niddy and we'll take it from there.

You have 19 days from the claim Issue Date (top right corner of the claim form) to respond.

I've taken a peek back through your thread and I can't seen who was the original creditor (before Arrow purchased the debt) and whether it was a credit card, loan or bank overdraft etc.

Di

[MellyJ]

Re: Restons - Charging Order

Hi, It was for an MBNA credit card. I'll e-mail the court form over in the morning. Thanks for your help!

[PlanB]

Re: Restons - Charging Order

It was for an MBNA credit card.

When was the MBNA credit card account opened?

Di

[MellyJ]

Re: Restons - Charging Order

January 2009

[MellyJ]

Re: Restons - Charging Order

January 2009, I've also just e-mailed over the front page of the court claim form

[PlanB]

Re: Restons - Charging Order

January 2009, I've also just e-mailed over the front page of the court claim form

Okay, now you need to send a Subject Access Request to MBNA so you've got the full history of the account. This will become helpful when the Claimant produces any documents or reconstitutes documents - you'll be able to see if that paperwork is 'honest and accurate'.

Here's the forum SAR template letter. Don't forget to include the £10 statutory fee. It'll be well worth the investment

AAD SAR template > http://forums.all-about-debt.co.uk/s...l=1#post495040

Di

[MellyJ]

Re: Restons - Charging Order

Thanks, I'll do that today.

[MellyJ]

Re: Restons - Charging Order

Hi, thanks for your help so far. I am waiting to hear from your solicitor who was looking at the court form but conscious that the clock is ticking and I need to send the form to the court, any advice on what I should do? I don't want to miss the deadline and they make a decision without my input.