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12th March 2017, 10:41:AM #1
I'm hoping to find a bit of help with an issue with Restons Solicitors who are working on behalf of Cabot Financial. I will start out by saying that I acknowledge the debt. It was from a credit card I had while in a relationship that I thought had been dealt with. By the time it caught up to me in my new address, it had already progressed to these folks at Restons.
The first I heard about it was when I had a letter from the county court bailiffs saying that I had been taken to court and a CCJ issued. They were coming to collect my belongings. After speaking with them, they provided me with Restons details who I called up. They suspended the warrant of control and set up a payment plan of £40 a month, which would have meant the debt was paid off in a year. This was in August 2016.
In February this year, the payment wasn't taken, (more on that later) and the first I heard about this was last week when I received another bailiffs letter advising me that they were coming out to collect my belongings. I called them up to ask why, they gave me Restons details and told me to call them. Which I did.
Restons told me that they tried to take the payment on the 08th of the month and it was returned from the bank. They then cancelled the payment plan and sent two letters to seek contact with me. I explained I hadn't received any letters, the lady then said three letters were sent. I pointed out she'd said three not two and she said "No i said two." The lady spoke a bit more, mentioned two letters and then again, three letters and refused to set up a payment plan.
I called the bailiffs again and asked if I could set up some form of payment as I couldn't pay the full amount, especially since their sending out another letter to me had apparently added on more charges. They told me that I would need to fill out a form with the court, pay £50 and make an offer of payment that would then be sent to Restons to see if they would accept it.
I went away, checked my bank and saw that they had tried to take the payment on the 07th when there was no money in the account. The 08th was a weds and I receive ample funds every weds that would have covered the payment which is why I was confused about it not being taken. So I called them back up.
After explaining the situation about the date error, that I had made six months payments without a problem, that I was more than happy to make the payment and then continue as before, they told me, "No." They were not willing to set up a payment plan and I would need to deal with the bailiffs.
At this point, I explained how the extra costs would hurt me financially. I explained that for the past three months I have been having health issues. My doctor suspected Angina for a time, I definitely have a hiatus hernia, which comes with gastritis esophogitis, stomach ulcers and stomach polyps that are being biopsied. It also is serious enough that every bowel movement looks like a bloody murder scene and the corresponding effects on my health, physical and mental are not being helped with the stress of this. Especially since all I want to do is clear the debt and having an extra £120 added on, (70 from bailiffs and 50 for court) is not going to help anyone when all they will do is pass the offer to Restons anyway... they weren't interested.
They continued to refuse to set up any sort of payment option and just told me to pretty much sod off and deal with the bailiffs. At this point, I am pretty furious, partly with myself as I should have noticed the payment didn't go but I have had other concerns for the last few months; but mainly with the lies from this company. I have never received a letter from them. I have given them my contact number and all it would have taken would have been a call to say the payment hadn't been taken for me to rectify it.
The number of letters they said they sent changed, the date they said they tried to take the money didn't match what was on my bank account, so I would like to know if anyone has an idea of what I can do about this. Can I complain to someone who has the power to do something about this companies behaviour? Can I avoid having to pay a load of extra charges that I can't afford at the moment? Can I just get the debt cleared? I can't even make an offer through the courts without paying the £50 up front and until I can afford it, I have the bailiffs hovering around me.
The stress of this is making me even more unwell. I'm a single parent, I work part time and I receive tax credits and child benefit so doubt I'll be eligible to have the court fee waived.
12th March 2017, 11:08:AM #2
Re: Restons/Cabot issues
You can check for eligibility for court fee remission here:-
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
12th March 2017, 11:14:AM #3
Re: Restons/Cabot issues
Thank you for that link. I will apply but not sure I will be eligible. The irritating part is that it only had a couple of hundred pound left to pay but the extra charges will ramp it up to £380. Even if I can waive the court fee, it's still £330 and the way Restons works is wrong. They can say they sent 2 or 3 letters but I received nothing and had no problem getting the bailiffs letters or the daily junk mail. It's obviously not a problem with my address.
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