Restons and Marbles CC

[magic_fish]

This is possibly a bit of a pig's ear.

.. however I'll cover the gist and then pop the rest of the info too:

 

Got a letter from Restons in 2014 saying they were going to take me to court for money owed,

they were very difficult to deal with and lost every email I sent them.

 

After a bit of to-ing and fro-ing to avoid court I agreed to a consent order, I now pay them a sum each month.

 

I'm now wondering if they have the right to do so.

 

Can I still fire off a CCA request and will I have to go to court to amend the order?

 

I also note the SB time is approaching, is that in my favour?

 

Name of the Claimant? Cabot Financial (Restons / Marbles)

Date of issue – December 2014

What is the value of the claim? £2000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

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. Debt purchaser (unverified)

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly

Did you receive a Default Notice from the original creditor? Possibly (report shows default Dec 2010)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly

Why did you cease payments? Changed bank accounts and didn't move DD

What was the date of your last payment? With Order: Monthly ongoing, on account: Dec 2010

Was there a dispute with the original creditor that remains unresolved? unknown

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? no

Edited September 28, 2016 by dx100uk
removed consent order as its supposed to be confidential - dx

[dx100uk]

well unless you didn't pay anyone for 6yrs before the date of the claimform - it cant be sB'd.

 

 

the fact that they might or might not have an enforceable CCJ is sadly trumped by the CCJ/Consent order.

i'll need to check what happens if you do stop paying if they dont have a CCA

 

 

dx

[magic_fish]

From the [removed] there is a section on breach of consent orders saying "Fraud or misrepresentation" will nullify a breach - so if I can't get a CCA, surely that would be a misrepresented case on their behalf?

 

but obviously in the spirit of remaining 'reasonable' I would like opinions on how to proceed

[dx100uk]

section 3 of your consent order indicates a default ccj if you break the terms

[magic_fish]

So I can challenge it, but I shouldn't stop paying?

 

Or am I now at the point of saving for a F&F..? (they have offered a review)

[dx100uk]

id get an sar running to the original creditor

 

 

see if theres anything to reclaim?

 

 

and deal with rectums client not rectums

[AndyOrch]

Any challenge to the Tomlin/Consent Order must be through the Solicitor that drafted the Order.....IE Restons.

[magic_fish]

I'll send off the SAR to Marbles and pending the result deal with Restons - I'll keep you posted