Restons Solicitors/DMS/Next v Me

[DMSVMoi]

First of all Thanks for having me here and allowing me to post.

Good Morning
I have received a letter from Restons Solicitors regarding an old Next Directory debt, stating that a sum of £2,469.88 is outstanding. I am not disputing that I owe money although this amount seems excessive and I don't remember it getting as high as this, I have had problems with health and believe my last payment was 4 Years ago when I advised that I was in no position to pay (I believe the debt was around £1200 then but don't fully remember) As things stand I am in no position to still make payment and am worried as to how things will progress, I had just started getting back on my feet when ill health struck again and now find myself going through redundancy at work.
I have copied the letter sent omitting confidential information, but would love any advice on the matter, information is in my dropbox as the file was too large (I have also now managed to post attachments)
Many Thanks
https://www.dropbox.com/sh/mbt91zsry...UkEJy3oNa?dl=0

[jaguarsuk]

I can't view drop box from my PC, so I assume this is a letter before action with the forms on pages 10-13 here: https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf

If so then their intention is to come to an agreement or issue court proceedings against you.

You have a couple of options if so, firstly you can send the forms back disputing the debt and asking them to prove it. Or you can contact them to advise them of your current financial status declined due to being made redundant as a result of ill health.

Do not make a payment to them if they ask you for a "show of faith" as that's a trap to reset the clock for when this can be taken to court.

[DMSVMoi]

I can't view drop box from my PC, so I assume this is a letter before action with the forms on pages 10-13 here: https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf

If so then their intention is to come to an agreement or issue court proceedings against you.

You have a couple of options if so, firstly you can send the forms back disputing the debt and asking them to prove it. Or you can contact them to advise them of your current financial status declined due to being made redundant as a result of ill health.

Do not make a payment to them if they ask you for a "show of faith" as that's a trap to reset the clock for when this can be taken to court.

Many Thanks, my letters don't look like your example. I am going to try and reduce the size of my files so they can be viewed properly.

Apologies, I found what you mentioned in between the Tell Us Your Financial Details pages< I am going to ask for further information despite the letter advising that I can't ask for a signed copy !!! Thanks

[jaguarsuk]

Apologies, I found what you mentioned in between the Tell Us Your Financial Details pages< I am going to ask for further information despite the letter advising that I can't ask for a signed copy !!! Thanks

I was going to say that it's not compliant with Practice Direction Pre-Action Protocol as they state in their first sentence without those forms.

Part D allows you to ask for copies and you are fully entitled to them. Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment.

Also send Debt Managers (Services) Ltd a CCA Request with a £1 cheque or postal order marked "CCA 1974 STATUTORY FEE ONLY." Take copies of the letter and cheque/postal order for your files. Also copies of the forms for your files too.

[DMSVMoi]

I was going to say that it's not compliant with Practice Direction Pre-Action Protocol as they state in their first sentence without those forms.

Part D allows you to ask for copies and you are fully entitled to them. Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment.

Also send Debt Managers (Services) Ltd a CCA Request with a £1 cheque or postal order marked "CCA 1974 STATUTORY FEE ONLY." Take copies of the letter and cheque/postal order for your files. Also copies of the forms for your files too.

Thanks again.
Just so I'm not getting this totally wrong:
Send the reply form filling in Part D ask for Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment. Also enclose the CCA letter you've linked to with the £1 Postal Order to Debt Managers (Services) Ltd and copy the same to the Solicitor (as well as keeping a copy of everything for myself ?
Sorry, complete novice to this !!

[jaguarsuk]

Thanks again.
Just so I'm not getting this totally wrong:
Send the reply form filling in Part D ask for Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment. Also enclose the CCA letter you've linked to with the £1 Postal Order to Debt Managers (Services) Ltd and copy the same to the Solicitor (as well as keeping a copy of everything for myself ?
Sorry, complete novice to this !!

Tick box D and then in Box I for the bold in the quote. This goes to the Solicitors Restons.

You don't need to send a copy of the CCA request to Restons at the moment, just to Debt Managers (Services) Ltd with the fee. If they file a claim you'll be sending a different letter to Restons on receipt of the claim form and that would be the stage you'd provide them a copy of the CCA letter.

Vary your signature with an extra line or dot when signing both as we wouldn't your signature finding it's way on to a blank credit agreement conveniently would we?

No need to apologise, we all have to start somewhere.

Next Friday go on to the Subject Access Request Letter guide (or the one replacing it) to send a letter to Next, you want a copy of the signed Credit Agreement, Default Notice, Notice of Assignment, Deed of Assignment, full history of the account you held and any other information they hold of you.

The reason for waiting is that if you do it today it'll cost £10 with them having 40 days to reply, but the law changes next Friday it becomes free plus the timescale they have to respond in reduces to a month.

The reason for this is that if Debt Managers (Services) Ltd send you documents you can compare them to those of Next or if they don't, but tell you they are going to the original creditor then you'll already know whether the documents exists or not.

[DMSVMoi]

Paperwork sent as advised, will post when the replies start appearing !! Thanks for your help JAGUARSUK

Both DMS and Restons received and signed acceptance of letters on 22nd May and I have sent a letter by recorded delievery today to Next as advised, is it now a waiting game or do I have to follow up with anything else within a certain timescale ?

[DMSVMoi]

Received a letter from DMS today as follows:

Thankyou for your recent letter tegarding the (above) account. I can confirm that we have referred to Next in order to obtain a copy of the original credit agreement. We will be able to update you upon receipt of a response.

Please find enclosed the £1.00 postal order as this is not necessary.

Please also be aware that the account is now being dealt with by Restons Solicitors, any further queries would need to be made to them on (telephone Number)

Yours sincerely

[jaguarsuk]

Received a letter from DMS today as follows:

Thankyou for your recent letter tegarding the (above) account. I can confirm that we have referred to Next in order to obtain a copy of the original credit agreement. We will be able to update you upon receipt of a response.

Please find enclosed the £1.00 postal order as this is not necessary.

Please also be aware that the account is now being dealt with by Restons Solicitors, any further queries would need to be made to them on (telephone Number)

Yours sincerely

Do nothing by telephone, everything is in writing as what's in black and white can't lie.

Next Friday go on to the Subject Access Request Letter guide (or the one replacing it) to send a letter to Next, you want a copy of the signed Credit Agreement, Default Notice, Notice of Assignment, Deed of Assignment, full history of the account you held and any other information they hold of you.

Did you do this on Friday? If not do it today as then you'll know what they can and can't get a hold of from Next.

[DMSVMoi]

Do nothing by telephone, everything is in writing as what's in black and white can't lie.



Did you do this on Friday? If not do it today as then you'll know what they can and can't get a hold of from Next.

Thanks Jaguarsuk.
I sent the request to Restons with sections D & I filled in as recommended at the same time as the CCA to DMS, absolutely no chance of me picking up the phone to call them, I'm guessing it's too easy to be put on the spot and co-erced into making regretful decisions!!
I sent the SAR Letter to Next on 21st May, they have received this by recorded delivery.

Do I just now wait for Restons and Next to contact me or is there anythig else I need to attend to at this time ?

[jaguarsuk]

Thanks Jaguarsuk.
I sent the request to Restons with sections D & I filled in as recommended at the same time as the CCA to DMS, absolutely no chance of me picking up the phone to call them, I'm guessing it's too easy to be put on the spot and co-erced into making regretful decisions!!
I sent the SAR Letter to Next on 21st May, they have received this by recorded delivery.

Do I just now wait for Restons and Next to contact me or is there anythig else I need to attend to at this time ?

No, just wait for a response.

[DMSVMoi]

Received a letter from Restons this morning acknowledging receipt of the reply form, they have I quote added the following:

Under Box D of section 1 we note you have indicated you wish to dispute the debt.
The reply form asks you to "Explain on a seperate piece of paper why you disputethe debt. Give as much detail as possible and provide copies of any supporting documents".
Please provide the further information requested by the reply form so that our client can understand your position.
In accordance with Debt pre-action protocol this matter is placed on hold until Thursday, June 28, 2018. Should we not hear hear from you by then, our instructions (as previously explained) are to issue proceedings.

I had ticked box D and written "see section I for full details" and added the following to section I: asking for the Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment

Have I made a boo-boo !!!!!

[jaguarsuk]

Received a letter from Restons this morning acknowledging receipt of the reply form, they have I quote added the following:

Under Box D of section 1 we note you have indicated you wish to dispute the debt.
The reply form asks you to "Explain on a seperate piece of paper why you disputethe debt. Give as much detail as possible and provide copies of any supporting documents".
Please provide the further information requested by the reply form so that our client can understand your position.
In accordance with Debt pre-action protocol this matter is placed on hold until Thursday, June 28, 2018. Should we not hear hear from you by then, our instructions (as previously explained) are to issue proceedings.

I had ticked box D and written "see section I for full details" and added the following to section I: asking for the Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment

Have I made a boo-boo !!!!!

No, they are being awkward in wanting an explanation why you dispute it. Simply reply with a letter saying:

Dear Sirs

Further to your letter of <<DATE>> I do not recognise the alleged debt and require you to prove it's existence along with connection to myself pursuant to the Consumer Credit Act 1974.

In addition to the documentation requested in box I please also provide copies of annual statements of the alleged debt from both the original creditor and your client as per their obligations under the Consumer Credit Act 1974.

I look forward to your response.

I'd send the letter 1st class recorded on Monday 25th June 2018.

[DMSVMoi]

No, they are being awkward in wanting an explanation why you dispute it. Simply reply with a letter saying:



I'd send the letter 1st class recorded on Monday 25th June 2018.

Sneaky, Thanks once again

[DMSVMoi]

Now a letter from Next
Sent my original letter back with a comment stating they need my date of birth in order to investigate further !!