Reston Solicitors

[singlemom]

Hi everyone. I am new, I hope I have posted in the correct place. Suffering from stress!
I received a letter from Restons solicitors a week ago that literally spoiled my weekend. It was frightening as it just said reference Arrow global and then it gave a number.....pay 6000 pounds straight away. Call this number.
I didn't recall such a debt for such a scary amount. I sent them a prove it letter. (prove it is my debt) One paragraph states "I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question"

They replied with a short abrupt letter it is for City Financial loan which was taken out on 11th Dec 2006.
I recall a loan but I am sure I took out the loan in 2005.
However, my last house was repossessed (it was my ex husband) and I left a lot of paperwork behind. It was also a very controversial loan. I had been paying 250 pounds per month for around a year when I was contacted by Citi Financial and asked if I could pay slightly more, reduce my repayment period and I would also get something like 200 pounds spare cash.
The money never materialised. I can't remember when I made a last payment.

I am now excellent with paperwork. At the time I was ill with depression (I am still on medication).
How do I respond to the second letter Restons sent me please? They have not sent the original agreement as requested in my first letter?

[Inca]

Re: Reston Solicitors

Hi singlemom and Welcome to LegalBeagles,,,Someone will be along to help you soon

[labman]

Re: Reston Solicitors

Hi Singlemom,

Firstly welcome to LB - you've come to the right place. :beagle:

As far as this threat goes from Restons, they are a firm well known for issuing these, but must be taken seriously.

My suggestion would be to send a SAR to Citi Financial asking for everything they hold about you at your current and previous address(es). They may want proof of identity. This will cost you £10.00.

Alongside this, write to Arrow Global with a copy to Restons saying what you have done, and asking them to place the account on hold to give you time to receive the SAR back, and to work through it. You may find there was ppi on this loan that can be reclaimed. You should also receive a copy of the original agreement if they have it. If they haven't, then you have a good negotiating tool.

However, before you do any of this, there appears to be what could be a critical discrepancy over dates. Have you (or your ex if it was a joint loan) acknowledged this debt in writing or made a payment to it within the past 6 years? This would be pretty much from inception. If you haven't, and the date is 2005, the debt will be Statute Barred. If you haven't and the date was 2006, it may be SB, and if it isn't is very nearly SB.

The SAR will give you exact dates. If you need an example, just post up and we'll give you one.

[singlemom]

Re: Reston Solicitors

Thank you for your reply Labman. Also Hi Inca! Please can you send me a link to a SAR template. I think it could possible be statute barred. However, I have no original paperwork from citi financial.
When Restons sent me the first letter (which made very little sense - it did not give the name of a creditor it just said pay 6000 by calling this number straight away. In my original letter dated 13th October I asked for evidence as to my liability for the debt in question. Could I just ask for evidence or do you think it is best to go for the SAR? If they cannot produce original documentation does this mean I am not liable?

[labman]

Re: Reston Solicitors

LETTER TEMPLATE:

Dear Sir/Madam,

Subject Access Request under the Data Protection Act 1998

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcrips or copy recordings of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,


If they cannot produce an original agreement we will cross the bridge of unenforceability if / when we come to it. Let's take one step at a time. :beagle:

[singlemom]

Re: Reston Solicitors

Thank you labman! One thing I am starting to remember is they definitely charged me for insurance. I phoned them and told them I specifically said no to insurance. The salesman came up with a stupid reply. I think he implied it was compulsory.
Also I remember, when the loan was amended the same salesman promising additional funds. This did not materialise. I am not sure what he was doing. I think trying to reduce the repayment period from five years to two years? I remember him asking me not to contact his office about this.
I did have Westcots contact me around two years ago reference a joint loan. I requested the original documentation and had a reply stating they would not be contacting me again regarding this matter. This was definitely statue barred. The frustration of this case is that they are stating the loan was taken out December 2006. However, I am almost convinced it was earlier. I am sure it was not December as I had to attend their offices in Enfield to sign the paperwork. I remember it being quite warm.

[labman]

Re: Reston Solicitors

If it was December, you have to stall for just 1 1/2 months for it to be SB if that is your aim. The SAR seems rather critical. When you write to Restons and Arrow Global asking for more time due to the SAR,ensure you head your letter:

I acknowledge no debt to your company or any of its associates.

[Hurricane Puffrose]

Re: Reston Solicitors

BUMPED

[BeckyB]

Re: Reston Solicitors

A more reliable solicitors would be the guys at head injury claims if you are interested their URL is www.headinjuryclaims.me

[singlemom]

Re: Reston Solicitors

I have dealt with Restons in the past and don't find them the friendliest bunch. I was homeless so my friend intervened. He offered to pay off my debt (MBNA card) at a reduced rate. Prior to this the last collection agency dealing with MBNA offered me a 50% reduction. However, Restons refused. I sent them the eviction papers explaining I was about to become homeless. It suddenly occurred to me they are not interested.
I have noticed Restons associate themselves with Arrow Global.
I need to start a new post about them. Who are Arrow Global????!!!!!

[singlemom]

Re: Reston Solicitors

Arrow have responded to my application for a SAR by asking me to prove my identity!
In my last piece of correspondence I stated
" enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. They don't mind sending me letters asking me to pay 6k reference by calling a certain number. The letter from Restons did not even say what it was regarding. I would have thought Solicitors might have a wider vocabulary. Any advice please?

[labman]

Re: Reston Solicitors

I did say they may require you to provide ID in my earlier post. This does not change the fact they only have 40 calendar days to respond to your SAR.

Arrow Global are a DCA. They were more commonly known as AGGL GL being Guernsey Limited, but the Guernsey bitcaused problems, so they are usually just Arrow Global now. They are above board and well known for purchasing WelcomeFinance and mobile phone debts, especially Orange, among others.

If you want to be awkward, send the following:

Dear Sir,


Your Ref: Account No/Reference No: XXXXXXXX


Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring identification. As it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have happily sent correspondence containing sensitive private information to my address. I therefore feel I have to ask, if you are so concerned that you are corresponding with the correct person, why has it taken you so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:


7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.


I note that there is no provision that removes the requirements of the act to provide this information on time. As such, I look forward to receiving the documentation requested, within the next x days.


Yours faithfully,

PRINT NAME

[teaboy2]

Re: Reston Solicitors

I would simply reply to them informing them you will not be providing any idea, as they seem quite happy as to your indenty when sending you demands for payment on an alleged debt and threatening legal action. If they are not certain of your ID then they should cease and desist with pursueing you for this alleged debt and comply with OFT guidelines on carrying out checks prior to sending out demands for payment and threats of legal action when they are not certain of a person being the actual debtor. So if they are happy enough to send you demands for alleged debt, then their is no reason why they need any id from you to comply with your SAR.

[labman]

Re: Reston Solicitors

Isn't that what the letter says? lol :beagle:

[teaboy2]

Re: Reston Solicitors

Isn't that what the letter says? lol :beagle:

Lol my bad, i only had a quick browse through thread. So didn't read all the posts!