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  1. I have recently received 2 letters off restons one last week with a income and expenditure form and one today giving me 14 days to reply with either full payment or installments again with the income and expenditure form. Its on behalf of capquest who have taken over a debt from shop direct its for £5177.00 i havent heard off shop direct in years. Ive looked on my credit file and a default was put on 2015 but i havent responded or spoke to them in 5 years at least. I went through a very hard time personally i cant even rememeber the last time a payment or any contact was made with shop direct. Ive never spoke to capquest on the subject. What do i do now?? I think this debt is over 6 years old i dont think i have made contact or paid anything within 6 years, how do i find this out? Please help im due a baby in november and only on maternity pay this is the last thing i need to come out the woodwork
  2. I wish I'd found these forums last week when I did a bit of researching online but came across a mass of other things and got confused. out of the blue last week I got a letter from Restons Solicitors (dated September 1st) stating that I owe ME IV Limited £758.05 on an old EE mobile account. They're saying they're instructed by Cabot Financial to seek payment of the outstanding balance and that if I fail to respond by tomorrow (Friday September 15th) then they are "instructed to request that the Court grants a judgment in Default" The letter then goes on to state about possibly being able to pay in instalments and that I should ring them, go on their website and fill in income and expenditure or send back the income and expenditure forms that they also placed in the letter. Another part says that the debt from EE is from the account opened in 2008 and was terminated December 2014. The date of assignment is 26 August 2016 and the last payment date was 13 June 2014. I was with T-Mobile/Orange/EE for years with no late payments or problems. In my last relationship my ex pestered me to add her and her son onto my contract with a sim for each of them. It was a controlling relationship etc and she managed all the finances in the household. As she has been prone to do with other debts, once she got wind she could ditch the debt and go elsewhere she did so, missing a couple of months payments then just ignoring it. I left there in November 2014 and have been living elsewhere myself since. Heard nothing about this company or debt whatsoever in all the time until last month (August) when I suddenly start getting letters and phone calls from Cabot Financial about it. I set my phone to ignore the calls and kept getting recorded message voicemails. Ignored the letters as to be honest I've been fuming as had built my credit up very slowly with low limit cards and have been paying them off to get my rating up. On Clearscore the debt to Cabot Financial does show as a default but everything else is positive on there (aside from having low credit limits) I've left it late wondering what to do. Advice I did find from various sources said ignore it they're bluffing as it's mobile phone debt and under £1000 it'll never happen. I want to believe that but then have come across a mass of info online saying how awful Restons are to deal with and how they almost always do go for CCJ's. I really don't want a CCJ on my account the next 6 years and have been stressing and panicking about having to deal with courts and anything legal as it's all new to me and blowing my mind, at the same time I don't want to contact Restons and start paying back tiny amounts for the rest of my life as I'm on a low income and can only afford to provide them with a token payment. I'm annoyed at the situation and kinda adamant they won't see that money off me but I can understand that because the debt was still run up in my name that I'm going to struggle to deny responsibility there. I've dealt with anxiety and depression for years and this is taking a large toll right now being honest. Also I dispute the sheer size of the debt as it could not have been more than £200 I'm sure, £300 tops if she dodged it a couple of months or so. I realise they add on charges but to more than double it is beyond ridiculous. I spoke with National Debtline a couple of times the last couple of days. They told me to send a template letter disputing the debt which I was about to go to my local library to print off and send recorded delivery today. The circumstances of it being so late with their court threat date being tomorrow is bothering me and I realise I should have dealt with this sooner to at least give myself less panic about the date. Is this letter the right thing to send? Is it likely too late now anyway and do you think Restons will just throw it straight to court as they seem to be threatening? They worded it not like they may but said they have been "instructed by their client to request the court grants a judgment" so that sounds pretty certain
  3. Hi, I received a claim from Restons solicitors in Jun 2017 from a debt that was from 2003. They have continued to chase and issued a court claim against me on 19th June. The debt is statute barred although they say a payment was received on 11th July I have bank statements and copy of credit file to confirm that this is not the case. They have repeatedly asked me to withdraw my defence, which I havent. I have gone through the process of asking for default notices, copy of agreement, NOA etc for which they have only supplied a copy of the agreement and a list of transactions with a date and amount on them only. The claim became stayed in July last year after i entered a plea of statute barred. I have now received notification that they are asking the court to lift the stay and strike out my defence. I have drafted a defence statement addressing the main points including providing the evidence I have as well as calling into question whether they even had a right to commence legal proceedings as they kindly sent me a letter 5 weeks after they issued the claim saying that they had to refer back to their client and obtain relevant documentation before commencing further. I have 2 questions off the top of my head; 1) They continue to say that no hearing will be required and that summary judgement will be requested, can they do this. Would I not be given the opportunity to submit my defence statement and evidence to the court if they decide to lift the stay? Or should I enter an N244 STRIKE OUT of claim myself now? 2) If they admit to not having the information before starting court action does this not constitute to an abuse of court process? They have said that I am unable to highlight anything further to the court as I originally entered a defence of statute barred only. They had not even sent me a copy of the agreement at this point. Any help would be great as I am losing significant amounts of sleep over this but I will not let them win.
  4. Hi Can you advise on the best way to make a monthly payment offer without having to give the my employer details. Need to respond by the 07/08/17 Regards Strongdumplin
  5. Hi all I got in a lot of debt trouble 5 years ago. I managed to negotiate full an final settlements with all but one - MBNA. I've moved 4 times since then and they never caught up with me. Out of the blue I received a letter from Restons Solicitors acting on behalf of Arrow Global, who apparently own the debt now. The amount is £7,984.39 I am about to send a SAR and a CCA to Arrow Global. What should I do otherwise? Also what sort of F&FS would they offer me now - part of me just wants to get this off my back but obviously if I can string it out or fight it I want to. Thanks Ben
  6. Hi, here goes a long story, short. got a cc claim in nov 16 from restons - cap1 c/card for 2k (opened in july 2007) - last payment oct 2011) did the usual request for cca and other doc's - I got nothing submitted defence on the basis of lack of doc's (i think that this is called an embarrassed defence???) got the normal letter from restons and the claim was stayed anyway - heard nothing until 3 months ago when offered in a letter a 50% discount, I did not reply, then cot another discount letter for 70% off - I did not reply. WHY you ask - because they did not have the doc's to back up the claim. Well i got a letter last week containing a cca (which is meant to be mine) I am confused and worried as what to do now, incase restons apply for the stay to be lifted - should i make a settlemet offer?
  7. Hi, Very new to this forum although I have read many a post... I was unfortunate enough to receive a claim form from Restons Solicitors for and alleged debt owed to Capquest for a shop direct account. After reading many a good post I acknowledged the claim on the MCOL site with defend all.. CCA request sent to Capquest via signed for service, its been received but to date no response. CPR 31.14 sent to Restons on 05/12/2016 again via signed for service, received on the 6th December 2016 and signed for. Today I have received a response from Restons and it reads as follows. Dear Madam, RE: Capquest investments Limited v. Yourself Account Number: xxxxxxx Original Creditor and Product type: Shop Direct - Isme Mail order Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.. Yours faithfully Miss N Didsbury, Case Manager Is this a standard response from Restons for receiving unsigned CPR requests... Should I respond back? or ignore Thanks in advance ClaraCluck
  8. Name of the Claimant ? Arrow Global Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th August 2016 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 6th September What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claimant claims payment of the overdue balance due from the defendent under a contract between the defendent and Egg dated on or about Mar 30 2006 and assigned to the claimant on Nov 30 2015. What is the value of the claim? £4000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Unsecured loan When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser who issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial difficulties What was the date of your last payment? June 2011 although they claim July Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes Hi I received a claim form from Restons on behalf of arrow global. It's from a loan taken out in 2006. I got into financial difficulties in 2011 after entering into a reduced payment arrangement for a few months I stopped paying. I hadn't heard anything from them until recently. I have read lots of threads and have acknowledged the claim with intent to defend. I realise I have to send a CCA and CPR 31.14 Request. I would like to know whether I can ask for the notice of assignment, default notice, termination notice and statement of account if none of these documents are mentioned in the particulars of the claim? They only mention 'a contract'. Is this covered by the CCA request or should I put this in the CPR 31.14 Request too? Many thanks for your help
  9. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  10. Hi all, I'm putting this here in this section as Restons are threatening that I will be receiving a county court claim soon. In April 2009, I was offered a Vanquis card and I took it. I fell in a rough patch mid 2010 with payday loan spiral, and towards December 2010 I started missing various debt obligations. I was drowning under Vanquis as well, they would take my payment, and then their ROP charges pushed me over the limit and then I'd get a late payment fee added. Mid January 2011, I put the account verbally in dispute with the person who had phoned me, demanding additional payment. Credit limit was £250, they were chasing me for £700. Few debt collectors have come and gone, I've always ignored them. Beginning of March this year, I got a letter from Restons, demanding payment. I emailed them and said sorry, I don't acknowledge any debt to you. This was shortly followed up by another letter, saying I owed them £780 for the Vanquis card, last payment date: 18th January 2011. I responded, saying sorry, this is statute barred. They responded saying: Totally fed up by this now, I responded to their email, stating that I had already told them it was statute barred and that the date someone decided to issue a default notice had no bearing on the statute barred date and I suggested they go read the Limitations Act of 1980, and that if they decided they still would like to continue to take me to court, I would be requesting the courts to regard them as Vexatious Litigants and I would be requesting compensation. I then got the very snotty letter attached. Next course of action? Ignore until I either get a county court application as they have threatened, or should I be doing something now? I've just sent off for a SAR to Vanquis as well. restons threat.pdf
  11. Hello About 4 years ago I received a claim from Cabot for a debt of about £26,000 - I say about because the figure has varied in their correspondence. I made a CCA request and received no reply. A couple of years later I was contacted by Restons who threatened me with court action if I did not pay up. Restons took the case to court and I duly submitted my defence that they had not provided me with proof that I owed them any debt - nothing further was heard for about 12 months, the case having been automatically stayed. Restons then applied to have the stay lifted and applied to the court for a Pre-Judgement hearing which I attended in June of this year. At the hearing the judge ordered that: 1. Unless the Claimant do file and serve copies of the following in 28 days, i.e. by 17 July 2017, the claim be struck out: 1.1 Credit Agreement between the Defendant and Lloyds TSB. 1.2 Default notices in relation to Credit Agreement. 1.3 Deed of Assignment between Lloyds TSB and the Claimant (and any preceeding assignments). 1.4 Notice to Defendant of any assignment. 2. Costs of today and the application be borne by the Claimant in any event. 3. Within 14 days of service upon him of all the documents above, the Defendant do file an amended Defence. 4. The application for summary judgement is dismissed. 5. Permission to appeal refused. Restons have not provided me with copies of all the above documents. However, Restons have now made an application to appeal on the grounds that the judge erred. They have been given permission to appeal - the judge's order has been put on hold pending the appeal which is due to be heard this later this month. I would be extremely grateful for any help as to how to proceed. Do I need to attend the Appeal Hearing? And if so what would I need to do? It's only thanks to these forums that I have been able to defend this action so far.
  12. absolute newbie! Please help! have received a letter from Arrow Global headed "NOTICE OF ACCOUNT TRANSFER TO NEW AGENCY" dated the early August 2017. it states the original agreement HSBC - overdraft/original agreement date year 2000/transfer date to Arrow Global Jan 2016/ outstanding amount owed to Arrow Global 11k+ and advise I need to direct all enquiries to Restons Solicitors. Letter 2 from Restons dated 18th Aug 2017 Re: Arrow Global Ltd v Yourself. Saying hey act for them and they have reffered your account o us for legal action., together with an financial statement form. Letter 3 dated late Aug 2017 from Restons now saying they have been instructed by Arrow Global to seek payment and advising I have been notified of their clients acquisition of rights to this account. Then further that failure to contact them by the 12th Sept 2017 may include the issue of a county court claim. The so called debt information is incorrect. Banking facilities were withdrawn by HSBC 2014. This debt went first to moorcrap and I think another before Arrow. what should I do next please
  13. My wife has been paying £10 per month to Restons for well over a year to clear a credit card debt with a current balance of approx. £1,500. Restons asked my wife to fill out a financial statement which she did on line, they have now increased the payments to £150!!! My wife is an agency worker with no guarantee of work so the fact they have increased the instalments is due to my income. Can they increase the monthly instalments based on my income when it's not my debt? Just to confirm Restons are acting on behalf of Arrow.
  14. Hi Brand new here but hope someone can help as all very stressful. I have a debt of about £12.5k that Restons have taken (although court letter says its Cabot?). I have a few issues and appreciate I need to reply back to the court within the next week but want to ensure I cover all bases. The reason that I stopped paying the card was because I had my identity stolen (this was acknowledged by the police and proven when I applied for an updated driving license and told I couldnt as didnt give them the correct address!!) The debt was with Halifax and although we had plenty of discussions back in 2009 they did nothing and I was convinced at least some (not all) of the spend on that card was fraudulent. According to Restons the card default date was 21/11/11 but I am 100% sure that I have not used the card since maybe 2 years earlier. 2 years ago Restons were trying to get me to agree a reduced payment. I contacted a debt charity Step Change and they advised it would be worth at least looking at what I could pay as I admitted owing at least some of the debt. I sent the Charity back various forms and they said Restons point blank refused any offer of part payment as wanted to take me to Court for the full amount. 2 years passed - not a word then I get a county court letter through the post. Last week. So I really just wanted to know my best approach. Its such a long time ago I have no original statements from that account. Any help would be really appreciated as not sleeping at all with this hanging over me
  15. Hi Received a claim form from Restons Solicitors last week regarding a personal loan debt of £10k bought by Arrow Global. This was the first notification we had since letters were going to an old address. Stepchange have advised to fill in the income and expenditure on the admission form and pay £1 per month until our circumstances change and we are able to repay in full. We have no experience with this sort of thing and are unsure of what is the best course of action. Many Thanks
  16. Playing letter ping pong with Restons regarding an alleged debt from Arrow Global Brief timeline Beginning of June received the usual threatening letter, asking for a breakdown of income and possible discount if I settle early blah blah blah Sent a reply within a few days later using a Pre Action Court Protocol letter I had found on the another forum Got a standard template (seen similar letters uploaded on forums) reply back from them stating they did not agree with most of my points and I had already received all the requested documents over the lifetime of the account so I should check my own personal records. I then sent them a reply back stating... Further to your letter dated xxxx. I would highlight the fact that I do not accept that this debt is owed by myself to you or your client and this was clearly stated in my previous correspondence. Also the information I initially requested under the County Courts Pre Action Conduct has still not been forwarded to me. You may believe whatever you wish, but the law does not stand for interpretation or opinion, and must be complied with. The Civil Procedure Rules are there to be abided by, not flouted or ignored, and as the alleged purchaser of any alleged debt, you must, by law, be provided with all the paperwork necessary to prove ownership and legal rights to pursue any repayment, and this includes the Original Agreement and the Deed of Assignment. Both of which you will be required to produce in court to substantiate any county court claim. I therefore require you to cease and desist any further attempts to misquote or ignore the law, and to either provide me with the required documents as per my aforementioned letter, or stop threatening me with legal action, which is not only in breach of CPRPAC, but also FCA regulations, to wit: 7.3.18: A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford. If you continue to harass me or threaten legal action without following the correct legal procedures, I will have no choice but to report you to the FOS, FCA for their records, the Courts and the ICO for processing my data without proof of the legal right to do so and finally, I may take legal action against you for harassment, under the Protection From Harassment Act 1997. Got a replay from them today stating their position remains the same regarding the requested documentation and I should fill in the expenditure forms before X date or they will take legal action. What’s my next steps? In the process of sending a SAR to the Arrow Global (been busy traveling with work so not got round to it yet) BTW this alleged debt is for my wife and they are still using her maiden name in all correspondence (been married 11 years), even though we have replied using her correct surname.
  17. I have recently signed up to clearscore and viewed my file, I have noticed I have a CCJ dated back to 14/01/2015. I guess I will have had correspondence from the courts way back when but I have no recollection of that. i emailed the courts and they advised it was debt recovery agency Cabot and saying that restons are representing them. The original debt was Lloyds TSB loan, which I do remember and being the overused 'young and daft' ended up defaulting. I have certainly not acknowledged the debt or made any payments in the past 6 years. I have been reading other similar posts and seeing a lot of great advice, but I am not sure what applies to me seeing as though the CCJ is so old. The court have advised I can contact claimant to arrange payment plan or make a claim to 'set aside the judgement' I have yet to do anything and thought it best to seek advice first. The court have indicated that the original debt was 'on or around September 2008 So, thats why I am here, looking for any help, is this statute barred? Should I be looking to get this set aside? The reason I found out in the first place is that I am looking at a career change and trying to gains some professional qualifications where my history will come under scrutiny, so I would rather not have it there if it shouldn't be there.
  18. Hi, I would be thankful of some advice please. In 2012 I defaulted on a Studio account and my debt was sent to a debt collection agency/solicitor dept due to low earnings due to illness a £10 a month payment plan was set up, this went without fault for nearly 3 years and I used to make payment by phoning up every month and paying via debit card over the phone. The company name I used to pay the £10 a month to now escapes me however for the final month I phoned up to pay there was an answer phone message stating that the company no longer operated due to being removed from some kind of authority to practice in the collection for debts, I forget the exact terminology but when I googled the company it seems they had been struck off for some kind of illegal practices. There was a phone number of a company that were now dealing with this struck off companies affairs and when I contacted them they could not find a record of my debt on their system and advised me to speak to the original creditor, I called Studio to ask them for information regarding the outstanding debt and was told the debt had been sold and they no longer had any recourse on the funds that were owed. I felt I was going round in circles and could not do any more so I forgot about the debt assuming when somebody wanted the money they would write to me. In November of last year (2 months ago) I received a letter from Restons solicitors demanding the full balance of a little over £600 by way of a "letter before action" I called them immediately and explained the situation regarding the struck off company and the payment plan I had in place and was told if I wanted to set up the same payment plan I had to complete an expenditure form on their website to show affordability which I did just before Christmas. I expect to receive some kind of response when they had analysed it but not the response I did get: Today I have received a claim pack from Northampton county court, This is new to me and after a bit of research I figure this is the start of a CCJ they want to get put on me. Now I have a few questions. Firstly how do I resolve it at this stage so I dont get a CCJ, Its only for a relatively small figure inc fees a total of £800 and if possible I dont want to get a CCJ for this amount, I have read if I pay the balance within 30 days It does not get recorded on my credit file, is this 30 days from the date on the claim form or from date of judgement against me? I have tried calling Restons to get some answers as to why they did this, however i get through to an answerphone message that states they will call me back but they havnt yet and Id like to be informed of my next moves before I do actually get to speak to them, thank you in advance for any help. I would like to add on the claim form it shows Cabot as purchasing the debt in march 2016 yet the first I heard about this was November from Restons, Cabot had not even wrote to me to try and get a payment plan set up.
  19. I have 8 debts I'm trying to settle. 3 are held with restons but originally were with arrow & I think they own it. I've come to an agreement with all the other agencies to settle the debts but restons will not take an offer. They've caused me the most stress & keep going back to court to try to increase my monthly payment of the CCJs. I'm wondering is it possible to go back to arrow to try to negotiate a settlement? The others have all been very understanding & helpful but not so with these guys. Any advice much appreciated
  20. I received one of these a week or so ago. To cut a long story short they sent a pre legal protocol letter out in July. I replied telling them they were wasting their time as I'm skint/no income etc to which their reply was to send out one of their financial questionnaires. I wrote back refusing to give them my details and asked them to provide a Notice of Assignment and CCA. They would not comply as the letter was unsigned so I sent a formal s.78 request to which I've had no reply. Then the claimform arrived. I'm wondering how to go about defending this in light of the fact I acknowledged the debt in my first letter. Does this count for anything legally or is the burden of proof always on the claimant regardless? The full details are as follows: Issue date 26/9/16 POC: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA dated on or about Feb 14 2008 and assigned to the Claimant on Jun 24 2016. Date 06/07/16, Item Default Balance, Value 1902. Post Refrl Cr Nil. Total 1902. N of A and Defalt Notice were both received. Regular statements of account received, notice of sums in arrears received regularly until May 2013 only. Originally MBNA - assigned to DLC/Hillesden Sept 2011, then to DLC/ME III Mar 2016. Last payment Aug/Sept 2010. No dispute with MBNA, but wrote to them in Dec 2010 to explain my financial position and why I couldn't pay them. Going to send a 31.14 over the weekend. Any help/assistance with how to go about defending would be much appreciated.
  21. Hi again, I hope this is in the right forum but I need some advice on what to do with this letter that I received today from Restons. The letter is dated Thursday July 27, 2017 and it arrived this morning (August 5th) It concerns an overdraft and it says that the client is prepared to consider repayment of the balance by instalments. It also states that Arrow has referred the account to Restons for legal action and says it means we are instructed to issue court proceedings against you. They have sent along an income and expenditure form and have asked me to return it to them no later than Thursday August 3rd! I don't really want to call these people up but it concerns me that they can send a letter and ask me to send something back to them before the date that I received the letter in the post. It makes me think its some underhand tactic to issue court proceedings before I have a chance to respond. In the absence of time travel, what are my best options to deal with this?
  22. Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated
  23. I need some advice please! on the 5th of July my previous address received a county court claim form Northampton from Restons Solicitors on behalf of Capquest it states the original creditor shop direct i do not remember dealing with or ordering with it was dated on January 19th 2012 and its for the sum of £492.12 which includes court fees, i haven't live at this address for nearly 3 years. the letter was dated for 27th of June i didn't receive the letter until the 18th of July on the letter it has a defending form with it, which needs filling within 14 days of the issue date. as i didn't personally receive this letter within the deadline, i have missed said deadline. so i am not sure what to do
  24. after some advice please. I am having problems with Restons solicitors who are pursuing an alleged debt that I owe to Cap quest. They ignored any requests for further information stating they didnt have to provide anything and that my letters had no legal meaning. shortly after they then threatened legal action, I then carried out the pre action conduct protocol to which once again they would not provide any documentation that I owed the debt and that my letters had no legal meaning. One of their letters did contain a couple of points, stating OC, Balance, when the debt was transferred etc. But they blatantly refused to provide me with any documents. They have now commenced legal proceedings against me though NCC Bulk center. Im unsure whether to apply to apply to have the claim stayed for non compliance of the pre action protocol, but am unsure if what they have done is sufficient by then simply stating some apparent particulars with no documentation to back it up. or do i defend the claim & carry on with another request for futher information under cpr18 asking for evidential proof once again. any help would be greatly appreciated
  25. Hi, I normally offer advice on the tenancy forum, and so am a bit out of my depth here.. A bit of background.. In 2010 my wife and I opened a Joint Business account with HSBC, worked well for a couple of years until the business started to drop off, and so there was no money going in for the last 18 months other than WTC and Housing benefit... final overdraft (official was £600) was £702. I was in correspondence with HSBC and told them that the whole overdraft was due to charges and interest, and that I was suffering. Their response was to tell me that the charges were applied within their guidelines. Next thing in 2015 was a letter from Arrow global which I promptly replied to, telling them that I was in dispute with HSBC and that their implied right of access was denied so don't bother sending a rent a thug round. Nothing heard from them until a Restons fishing letter or 7 at the end of last year. These went promptly into file 13. Then on Jan 29th this year I received a court summons from Northampton in the post. I promptly sent off a CPR31.14 request to Restons (signed for by them on 7th Feb) asking for agreement/contract default notice (I have never received one of these nor the annual ones) assignment formal demand (not received one of these from HSBC either) I didn't sign the letter but printed my name, it had the court hearing claim number on and my address. Monday as I had not heard from them I sent off a completed N244 form, draft order for directions and a witness statement to the court, as these had to be in as I have not yet filed a defense as awaiting the above documents.. this was received by the court yesterday 24th Feb. Today I had a letter from Restons with my CPR 31.14 letter enclosed. the letter was dated 21st Feb, and said: Please find enclosed a draft letter which purports to come from you but is unsigned. you will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response. So obviously a delaying tactic, but how do I respond from here?. As far as I know they have not got a copy of my signature and I don't intend to provide them with one.. Any help will be appreciated.
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