I recently received a letter from Restons Solicitors acting on behalf of Arrow Global Limited. The letter regards a RBS credit card debt (a few grand). The opening sentence of the letter: ‘This letter of claim is sent pursuant to the Pre-Action Protocol for Debt Claims.’ I have now two weeks to respond. They are claiming they will pursue court action if I do not pay the sum they say I am liable to pay. This letter was first sent to a very old address and only received because I have been trying to sort due to a poor experian credit reference report. The debt was bought by Arrow Global Ltd (only found out via Experian) and is now being administered by Restons. I called them a couple of weeks ago and they have sent the letter to me. Pretty scary to be honest. I have previously corresponded with both RBS and Capquest disputing the debt and requesting the original credit agreement. They were unable to locate this but were still attributing the debt to me. The current letter from Restons states I can ask for a copy of the written agreement but I am not entitled to see a copy of the actual signed agreement. If the debt is mine, so be it and I'll have to deal with it, but I first want to be confident it is and feel I'm being bullied which I do not like. I bet there has been correspondence to the old address and I am getting the latter end of the correspondence. So, what to do? I do want to ensure the debt is mine before paying a penny. If the debt in the eyes of the law is mine then what are my options? It does leave a bitter taste that banks probably make ten fold on the interest payments alone! Look forward to some insights. Thanks!
Restons Solicitors threatening legal action
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Restons Solicitors threatening legal action
I recently received a letter from Restons Solicitors acting on behalf of Arrow Global Limited. The letter regards a RBS credit card debt (a few grand). The opening sentence of the letter: ‘This letter of claim is sent pursuant to the Pre-Action Protocol for Debt Claims.’ I have now two weeks to respond. They are claiming they will pursue court action if I do not pay the sum they say I am liable to pay. This letter was first sent to a very old address and only received because I have been trying to sort due to a poor experian credit reference report. The debt was bought by Arrow Global Ltd (only found out via Experian) and is now being administered by Restons. I called them a couple of weeks ago and they have sent the letter to me. Pretty scary to be honest. I have previously corresponded with both RBS and Capquest disputing the debt and requesting the original credit agreement. They were unable to locate this but were still attributing the debt to me. The current letter from Restons states I can ask for a copy of the written agreement but I am not entitled to see a copy of the actual signed agreement. If the debt is mine, so be it and I'll have to deal with it, but I first want to be confident it is and feel I'm being bullied which I do not like. I bet there has been correspondence to the old address and I am getting the latter end of the correspondence. So, what to do? I do want to ensure the debt is mine before paying a penny. If the debt in the eyes of the law is mine then what are my options? It does leave a bitter taste that banks probably make ten fold on the interest payments alone! Look forward to some insights. Thanks!Tags: None
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Ok so yu need to get the letter filled out and returned.
I would tick box D - I dispute I owe the debt and then ask them in the appropriate box for the Default Notice, Notice of assignment, Deed of assignment and agreement.
Did you ever send a formal S78 request along with the £1 fee to either capquest or AG?
If not that also needs doings
http://legalbeagles.info/library/gui...etter-example/
In your response to Restons i would add
On xx/xx/xxxx I sent a request pursuant to S78(1) CCA 1974 to xxxxxx , do date they have been unable to comply and as such any agreement would be unenforceable by virtue of S78(6) CCA
A couple of other questions
When was the account opened?
How much (roughly) are they chasing you for?
When was the account defaulted and have you made any payments since then?
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Thanks Warwick65
I did send a CCA request with £1 postal order to capquest last year but they said the agreement could not be located and that the account was given back to Halifax, who sent me a letter saying it could not be located and asking me to supply a load of info to them so they can locate it. The debt was sold to Arrow Global mid 2017. Looking at the credit report looks like defaulted 14 months ago with no payments made. Account opened end of 2009. Owing close to £4,000.
Cheers
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
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