URGENT HELP PLEASE - Letter from Restons Solicitor

[odetter]

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

[Enforcer]

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.

[odetter]

Re: URGENT HELP PLEASE - Letter from Restons Solicitor

Thank you. Very helpful

[Spud]

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

[odetter]

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

[Spud]

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

[slay1373]

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.

[nightwatch]

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

[Pixie]

Re: URGENT HELP PLEASE - Letter from Restons Solicitor

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.

[Still Waving]

Re: URGENT HELP PLEASE - Letter from Restons Solicitor

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'.

[SXGuy]

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.

[julian]

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 naïve, DJ accepted the words of their Legal Department and rent-a gob, pre AAD I was also too naïve to rebut.

But now I am freeeeeeeee

[The Tech Clerk]

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 naïve, DJ accepted the words of their Legal Department and rent-a gob, pre AAD I was also too naïve 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!