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URGENT HELP PLEASE - Letter from Restons Solicitor

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  • URGENT HELP PLEASE - Letter from Restons Solicitor

    Have been onthis forum for nearly 4 years. I have been quietly getting on with the unenforceable route with five different debts.Everything has gone well until today when I received this letter. I am unsure as to my response as I still have not received a proper signed original agreement from a CCA request. This debt has been bought and sold a few times but has now been assigned to Arrow Global who have passed it to Restons Solicitors.

    Should I send another CCA request or a SWID letter. Is this a serious letter or a scare-o-gram. Help from the forum would be much appreciated.

    Odetter
    Last edited by Spud; 23rd March 2017, 21:56. Reason: Delete letter with personal ID showing

  • #2
    Re: URGENT HELP PLEASE - Letter from Restons Solicitor

    Scare tactics! Have you sent a CCA request to the current owners of this alleged debt, if not, get one off ASAP. If you have previously sent a CCA request to them, refer to your request dated??? still not replied to.

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    • #3
      Re: URGENT HELP PLEASE - Letter from Restons Solicitor

      Thank you. Very helpful

      Comment


      • #4
        Re: URGENT HELP PLEASE - Letter from Restons Solicitor

        I have just PM'd you to explain - I have removed your letter as it contained information that would allow Restons to identify you

        The codes down the side and close to the address etc

        Spud
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: URGENT HELP PLEASE - Letter from Restons Solicitor

          Thank you Spud. I didn't realise. Appreciate your help. I hope I wasn't identified but it didn't appear for long

          Comment


          • #6
            Re: URGENT HELP PLEASE - Letter from Restons Solicitor

            You'll be fine matey, don't worry

            As I said, We want the best possible outcome for you and I thought it best to remove it until you had blanked out any identifiable information. I don't like interfering with peoples posts and its not something I would do lightly but things like this its always best to
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: URGENT HELP PLEASE - Letter from Restons Solicitor

              My OH has had one too, must be a mailing going out. Need some advice though. Ours goes back to a CC agreement originating from 1999 when she was with her ex. We wrote to Marlin on the 5th December 2014 for a CCA and used the template off here, in this template it stated;
              ....the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

              The letter also states that you provide me with a true copy or reconstituted copy of the credit agreement relating to any account you deem is mine...

              However, we did not receive the necessary information requested until the 9th March 2015, some three months later, NOT 14 days!

              In their response they provided a reconstituted agreement with just a hand written, not my OH's handwriting, of a Credit Card application with just her name, DOB, flat no, street and postcode and nothing else.

              We left it at that as in our assumption they had not replied in the statutory time limits and only sent a reconstituted agreement that they probably wrote themselves and does not prove that she actually signed anything.

              The letter from Restons came on the 9th of May 2017, dated the 5th of May, with a request to pay in full by the 19th of May (giving just 11 days or 9 working days to respond). Their letter states;

              Should you fail to reply to the Claim, we are instructed to request that the Court grants a judgement in Default by instalments unless information is held which suggests that is not appropriate, in which case, Judgement will be requested payable in full, forthwith. If Judgement is granted this will be registered by the Court and may effect your ability to obtain credit in the future.

              I posted on my original feed and someone suggested following this up with an LBA template letter? Please help as my poor OH is now extremely worried about this going further and we cannot afford to pay in full.

              Thanks in advance.

              Comment


              • #8
                Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                Slay. they have to get you to court first, get the LBA off and lets see what happens from there.

                the court would not make you pay it all at once if you can't afford it.
                I know it's hard. BUT try not to worry, NW
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                  Originally posted by slay1373 View Post

                  Should you fail to reply to the Claim, we are instructed to request that the Court grants a judgement in Default by instalments unless information is held which suggests that is not appropriate, in which case, Judgement will be requested payable in full, forthwith. If Judgement is granted this will be registered by the Court and may effect your ability to obtain credit in the future.
                  IMO it is extremely naughty of Restons to use this wording. They cannot get a judgement like that! They need to make a claim and you will receive an N1 claim form from Northampton. You will be given the option to defend the claim and it will go through the court process or possibly mediation. It's up to the judge to decide if you get a ccj and how much you pay, NOT Restons.

                  SEnd off the LBA recorded delivery asap and, as NW says, try not to worry. We have an excellent legal team here.
                  Let your smile change the world but don't let the world change your smile


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                    Originally posted by Pixie View Post
                    IMO it is extremely naughty of Restons to use this wording. They cannot get a judgement like that! They need to make a claim and you will receive an N1 claim form from Northampton. You will be given the option to defend the claim and it will go through the court process or possibly mediation. It's up to the judge to decide if you get a ccj and how much you pay, NOT Restons.

                    SEnd off the LBA recorded delivery asap and, as NW says, try not to worry. We have an excellent legal team here.
                    Indeed, I would think it contravenes the CONC guidelines about communicating information to consumers in a way which is clear, fair and not misleading. Although, as we haven't seen the preceeding paragraphs we don't know whether they have set out the interim sequence of steps. They may have, as they do refer to 'Claim'.
                    Last edited by Still Waving; 17th May 2017, 13:06.

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                    • #11
                      Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                      BTW. If they send an agreement after 14 days. They have still complied. They don't have to send it within 14 days. It's other things such as a recon not in your other half's handwriting that would make it suspect and unenforceable, not the time it took to send it. That just protects you from action until such time as you receive the agreement.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #12
                        Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                        Restons are nasty and from my own experience they bend reality. They said in their Witness Statement that there was no copy of the CCA agreement, but that did not matter as they had the monthly statements. Being na´ve, DJ accepted the words of their Legal Department and rent-a gob, pre AAD I was also too na´ve to rebut.

                        But now I am freeeeeeeee

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                        • #13
                          Re: URGENT HELP PLEASE - Letter from Restons Solicitor

                          Originally posted by julian View Post
                          Restons are nasty and from my own experience they bend reality. They said in their Witness Statement that there was no copy of the CCA agreement, but that did not matter as they had the monthly statements. Being na´ve, DJ accepted the words of their Legal Department and rent-a gob, pre AAD I was also too na´ve to rebut.

                          But now I am freeeeeeeee
                          DJ based on "Balance of Probabilites" no doubt , he/she has eared to failing to upholding Law/legislation, too many of those wonders out there - normally in Higher court when appealed states - misdirected themselves - a joke means opppssss but of course the government do not want you to go to appeal by charging the earth for an appeal!
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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