Arrow/restons taking me to court

[thecatlady666]

im neww please help

8 years ago i paid of my halifax credit card with help from my mother

recently started getting letters on my redirection from arrow dca saying i owe 15,000! i never owed that much it was my credit limit. i cut up the card too so i couldnt use it again

i ignored their letters as they dont know my phone number, email new address or job etc i live with my mum. now i got a letter from restons solicitors/arrow saying they going to court on the 2 jan 2018

i checked all my bank statements, no payments gone out for them i changed banks years ago and any direct debits would have transfeered over to new bank account

the letter said i had a late payment in july 2015 and defaulted. i paid it all off in 2009 i got a mortgate in 2010 and no way would i have got that ifi owed 15k!

its really upset me

i went to cab and ive been given conflicting advice someone said print off a template letter saying i dont accept liability etc and ask them for proof i owe this debt etc

the national debtline says if i contact them its like admitting guilt and will reset the clock as i should be statue barred after all this time

i dont want to contact them as then they will know i have read their mails

i piad it off but dont have proof as i moved house few times since 2009

im sure its an error can dca be so evil that they would even stoop so low as to pay a pound to keep the debt open and get money from me?
i simply dont have that sort of money and could never afford it on my wages

i checked my credit file and its clean no defaults no ccjs so surely ifi owed the money it would have defaulted on my credit file? i also checked my file few years ago too nothing

im very anxious over this and not sleeping or eating properly

what do i do

do i just ignore it as they dont have my address if i hadnt had the redirection i wouldnt have known

advice please thanks

[Diana M]

Re: Arrow/restons taking me to court

now i got a letter from restons solicitors/arrow saying they going to court on the 2 jan 2018

Does Restons letter threaten to take you to court if you don't respond by 2nd January 2018 (perhaps a Letter Before Claim) or has a county court claim been issued by them and served on you at your old address?

Di

[thecatlady666]

Re: Arrow/restons taking me to court

no ccj served just says court action by 2jan wanted to know my incomings outcomings etc
have you heard of restons? im innocent

[Diana M]

Re: Arrow/restons taking me to court

no ccj served just says court action by 2jan wanted to know my incomings outcomings etc
have you heard of restons?

Yes I have heard of Restons, and they have heard of me/my firm.

Perhaps it would make sense for you to send a formal s 77-79 CCA Request to Arrow (the current debt owner) which would render the debt unenforceable in court until or unless they can comply.

At the same time send a copy of it to Restons solicitors.

This forum has a template letter here > https://legalbeagles.info/library/gu...etter-example/

No need to complete Restons Income & Expenditure form. Is their letter a 'Letter Before Claim' asking you to tick various boxes if you dispute the debt etc?

Di

[thecatlady666]

Re: Arrow/restons taking me to court

in doing so wouldnt that bed like admitting liability?

[ostell]

Re: Arrow/restons taking me to court

You are disputing that you owe them anything, not admitting that a debt exists.

You are going to have to contact them at some time.

[thecatlady666]

Re: Arrow/restons taking me to court

i dont owe it and it was never that amount

im innocent why should i contact them?

what wouldyou do

[ostell]

Re: Arrow/restons taking me to court

If you don't contact them then there is a good chance that they would proceed to court and win by default and they can then send the bailiffs round etc and it would then be difficult to get out of it.

Do as Diana has suggested and send a CCA request. You can also tell them that you deny any debt to them. Don't expand, just keep it simple. They have to provide the original agreement, which is what the CCA request is about. If they can't find those original documents then they can't proceed. If they do eventually find an agreement it needs to be checked to see if it applies to you and contains all the required wording. It may show up that they are chasing the wrong person, they've mixed up the office paperwork

[thecatlady666]

Re: Arrow/restons taking me to court

If you don't contact them then there is a good chance that they would proceed to court and win by default and they can then send the bailiffs round etc and it would then be difficult to get out of it.

Do as Diana has suggested and send a CCA request. You can also tell them that you deny any debt to them. Don't expand, just keep it simple. They have to provide the original agreement, which is what the CCA request is about. If they can't find those original documents then they can't proceed. If they do eventually find an agreement it needs to be checked to see if it applies to you and contains all the required wording. It may show up that they are chasing the wrong person, they've mixed up the office paperwork

but they dont know my new address

they already said they dont have my original agreement