Letter of claim from Restons Solicitors

[Molly2012]

Hey any help is much appreciated

so I have today received a letter from Restons solicitors for pre action protocol and a blank financial statement form.

I want to pay in instalments and not have to fill fill in this silly form but I have been advised even when I ring they will ask me to do it in the phone is there a way that I can send them a letter with an offer to pay in instalments?

the debt is for an unsecured credit card I took out in 2014 I really can’t afford to pay the full balance of £3878 so want to make an offer to pay in instalments

your help is very much appreciated

[warwick65]

Re: Letter of claim from Restons Solicitors

Hi
I think you need to fill in the form but not the income and expenditure bit just yet and ask for a copy of the agreement. I would also send a s77-79 request.
If they can't comply, it strengthens your hand when negotiating.

Who owns the debt now and who was the original creditor.
[MENTION=87380]Diana M[/MENTION] any ideas?

[Guest]

Re: Letter of claim from Restons Solicitors

Hey any help is much appreciated

so I have today received a letter from Restons solicitors for pre action protocol and a blank financial statement form.

I want to pay in instalments and not have to fill fill in this silly form but I have been advised even when I ring they will ask me to do it in the phone is there a way that I can send them a letter with an offer to pay in instalments?

the debt is for an unsecured credit card I took out in 2014 I really can’t afford to pay the full balance of £3878 so want to make an offer to pay in instalments

your help is very much appreciated

Hi,
you are under no obligation in Law to fill out any financial statement/paperwork to a solicitor.
Write a nice polite letter to Restons Solicitors explaining your financial situation is not good at this moment in time and offer what ever you feel is good for you even if it's only a pound a week until your circumstances improve in the future.
They may write back refusing your offer.
Fine send them another letter saying o k see you in court.
Refusing an offer to pay means the debt is no longer owed.
The Judge in court will be on your side because you offered all you could afford at that moment in time...tell the Judge you pay all your debts it's just a bad time for you at the moment and you have offered all you can afford until things improve.
Normally they love helping the under dog especially if you are up against big companies like Banks.

[Diana M]

Re: Letter of claim from Restons Solicitors

you are under no obligation in Law to fill out any financial statement/paperwork to a solicitor.
Write a nice polite letter to Restons Solicitors explaining your financial situation is not good at this moment in time and offer what ever you feel is good for you even if it's only a pound a week until your circumstances improve in the future.
They may write back refusing your offer.
Fine send them another letter saying o k see you in court.
Refusing an offer to pay means the debt is no longer owed.
The Judge in court will be on your side because you offered all you could afford at that moment in time...tell the Judge you pay all your debts it's just a bad time for you at the moment and you have offered all you can afford until things improve.
Normally they love helping the under dog especially if you are up against big companies like Banks.

It appears the OP had received a Letter Before Claim under the new Pre Action Protocol which came into force on 1st October last year.

The LBC includes a blank Financial Statement form as part of the response pack to be completed by only those who actually want to pay. It seems the OP wanted to pay and was asking the forum how to deal with the form.

I cant agree with the advice given in your post as it could lead to the OP receiving a CCJ and potentially a Charging Order on their home if they have a property.

Di

[warwick65]

Re: Letter of claim from Restons Solicitors

Hi,
Normally they love helping the under dog especially if you are up against big companies like Banks.

IN my admittedly limited experience Judges are not on the side of the underdog- unless you have been watching Judge John Deed or Judge Rinder

[Billybudd]

I am wondering how this is going..... I have a very similar situation and letter before claim from Restons - in mine they clearly state that they no longer need to provide a signed copy of any actual agreements. I want to pay my installments too but have read worrying posts from various sites about their tactics -and they will push for charging orders via unaffordable payment plans....

[warwick65]

Hi Billy

Can you tell us a little
Type of debt
Amount
When the account was opened
Have you responded to the letter