Restons solicitors (dms) - next directory, county court claim form (help needed)

[Amethyst]

All the way through the account it says 'HIGH RISK' customer but they continued increasing the credit limit …. starting at £250 ( or £196 not sure ) and somehow being increased manually in May 2010 to override the declines due to the high risk ?

Does that screen notes list go on to present date? and does it show default etc ?

Did they send any list of purchases etc ? Did that coincide with you requesting a higher credit limit to make a large purchase etc or did it creep up over time with lots of small purchases ? ( just thinking about irresponsible lending side of things a bit )

[Amethyst]

If this is what the Claimant produces then it needs to be very much disputed.

Oh yes, well it's only a 'specimen agreement' in any case so wouldn't fulfil the CCA. Presumably that's all they'd provide to the claimant too.

[Darter245]

Evening

Thanks for your helpful and prompt responses Amethyst and JAGUARSUK. As I said earlier I really have no memory of signing anything or applying for this credit account. It may be the case that they sent paperwork with the original order that I received but I truthfully can't remember. I have memories of being surprised when the goods turned up and thinking, "why is this letter saying I now have a Next Directory account"? That is all they have literally passed on in terms of agreements. I have nothing with my signature on or name typed anywhere for that matter. I am also pleased with how little they have sent I understand at this stage that is a bonus. I was just wondering if Next Directory would dare to send as little as possible and provide other things upon request to Debt Managers and Restons.

There are 5 pages of transaction history starting from 31/08/2009 up until 19/09/2016. There are all types of things listed on there such as acct in arrears, TALLYMAN LETTER, TALLYMAN EMAIL, Indebtedness score high risk, policy decline, sold to DMS SS16 Debt Sale £268.31 however not one place can I see the word default or default notice. I can put up more photos if that helps or is necessary. They have also included copies of the statements to.

Thanks as always

Micky

[Amethyst]

I ordered something from Next once and same, I was confused when there wasn't a payment page and then things just showed up ... they sent the agreement with the goods and asked you to return it ( which people hardly ever did ) - nowadays they seem to have it more sorted and the agreement is signed at time of order though.

Think I defaulted that debt eventually too.

[Amethyst]

Debt Sale £268.31

so about 10% of the outstanding debt ?

Is anything on your credit file file at all btw ?

On transaction lists can you see see where your credit limit went up - to correspond with that manual override of risk on that list ?

[jaguarsuk]

Debt Sale £268.31

This is good to know because if it got to a stage of having to attempt a settlement then you know what the Claimant paid for the debt and what represents a good profit for them, so puts you in a great bargaining position.

At this stage though it looks like they don't have what they need, so we won't be making any offers to settle.

[Darter245]

Only thing on my credit file relating to this is under the closed accounts section, it has debt managers listed as having this account. It has a date range of Feb 2010 till Jan 2014, it shows as payments made all of them months except Jan 2014 where is says missed payment. I've had a look through the transaction list and apart from first few lines where a credit limit is mentioned I can't see it further in the subsequent 5 or so pages. There are many mentions of Indebtedness score high risk, affordability score, released value and things like that however. I can take photos of the remaining pages and post them on here if that helps?

I suppose its now a waiting game to see exactly what they come back with or what they produce, it has all gone very quiet with receiving any type of correspondence from Debt Managers and Restons. Fingers crossed they receive the same from Next Directory that I was posted in my bundle from them.

Micky

[Darter245]

Evening

Today I have received more correspondence from Restons Solicitors, I shall include some photos as part of this post. After looking at the photos does it appear as though Debt Managers have pretty much got the same sort of response that I got from Next Directory, not a lot of substance? Would this be their way of attempting to progress things further with not a lot to back things up? Also included with the paperwork which I haven't included photos of is a Financial Statement form that they want me to fill in and return in a specified time.

[Amethyst]

So an £800 discount ? - they must be really confident ... what do you think ?

remember they paid £268 for the debt so I'd, if I was offering, probably try with £800 in f&f... or more likely carry on my defence.

Im still curious how they managed to ramp your limit up to £2k odd - was it just slowly building while making minimum payments all the way through ?

[Darter245]

No not really the account was in good order for quite a while I was paying more than the minimum amount, I was paying more than enough. It just seemed as though I was buying a few things now and again and the limit was increasing on a regular basis. It was only towards the latter stages where I was paying the bare minimum, which was still a substantial amount. I think the way the account was ran from their end leaves a lot to be desired.

I think they haven't got a great a deal of confidence in gathering all the correct paperwork that they need at present. I think I might continue the defence for the moment and see how things pan out. I need to ring the court next week (need to check dates) and see if the action has been stayed.

Thanks

Micky

[Amethyst]

That sounds sensible. There isn't anything in those letters from Restons to be concerned about I don't think.

[Darter245]

Hi

Just a quick update, I spoke to the court today and the case is currently stayed. Restons have not been in touch as of yet.

Micky

[MIKE770]

there move next if any they make up to them now