Reston Solicitors Arrowe Global (Gurnsey)Ltd

[Chris0035]

Hello All

Yes i am one of many that suffered in the crash and thought some stuff would go away but yesterdays post brought me a letter from Reston Solicitors as well as a letter from Arrowe Global telling me my account had been transferred to a new agency, and that court proceeding will go ahead after the 12th Sept 18

The debt is from MBNA - Credit Card
Date of agreement 28th Feb 2001
States Orginal Account No
Date of Issue to Arrowe Global 29th November 2012
Outstanding amount £14425.26

From what i recall i did pay £1 per month for some time but cannot recall how long for or when i stopped the payment but i assume approx 3 years ago, i lost everything in the crash my business, house etc and have just started to get on a level playing field, and since this letter has arrived i felt sick and did not sleep very well at all with worry.

My main questions for advice is should i respond to Restons and ask for CCA information ? or should i wait and see if they issue court proceedings after 12th September (their deadline) i have "hopefully" attached images of the both letters.

Any help advice would be truly appreciated

Chris

[MIKE770]

Subject Access Request Letter send recorded delivery and keep copy to copy of request on file - for starters you should have the paynments info then no charge for request

jaguar

[Chris0035]

Subject Access Request Letter send recorded delivery and keep copy to copy of request on file - for starters you should have the paynments info then no charge for request

jaguar

Thanks Mike

Do i just request payment information using the GDPR request also should i send the CCA request - probably need to stop reading up and step away from the screen for a while and stop myself panicking

[MIKE770]

no all info they have as per request, do n ot mention payments as they should be included anyway - they then have 30 days to respond by rights

[MIKE770]

see what Jags suggest as well? he should be back on here Monday!

[Chris0035]

see what Jags suggest as well? he should be back on here Monday!

Thanks Again Mike i will wait until Monday, ~I go out the country Wed morning so will need to get reply in the post to them Tuesday or Wed morn - nothing like rushing :-(

[Chris0035]

also what specific details of the data do i request / want

[verity540]

I just partially won a £3000 case against Restons (credit card) via Arrow global. Happy to help.
IMHO they are a cowboy outfit looking for low hanging fruit. After 18 months I got a letter saying they will not take forward to court. I simply followed the request for info 31.14 & posted a defense. Restons send lots of LONG official looking letters but couldn't provide any evidence.

My advice is hang in there & follow protocol & be prepared to argue your case. Do not react to any of the letters because it's all bluster.

For some bizarre reason Restons launched a second random £500 claim during the mediation period, which I forwarded on to the courts & did not reflect well on them. Really Restons should be done for fraud!

[Chris0035]

I just partially won a £3000 case against Restons (credit card) via Arrow global. Happy to help.
IMHO they are a cowboy outfit looking for low hanging fruit. After 18 months I got a letter saying they will not take forward to court. I simply followed the request for info 31.14 & posted a defense. Restons send lots of LONG official looking letters but couldn't provide any evidence.

My advice is hang in there & follow protocol & be prepared to argue your case. Do not react to any of the letters because it's all bluster.

For some bizarre reason Restons launched a second random £500 claim during the mediation period, which I forwarded on to the courts & did not reflect well on them. Really Restons should be done for fraud!

Thanks and well done !!

My main question at this moment is; should i send letter in response to their letter i got Friday or wait until they issue court papers ?

Thanks

[Amethyst]

Morning Chris xxx

I'm just having a read back

[Chris0035]

Morning Chris xxx

I'm just having a read back

[Amethyst]

Okay, quite a hefty debt , and you were paying it off with token payments for quite a long time after it defaulted, which of course sadly, has meant it's not statute barred, but it should have fallen off your credit file, so now it's just a case of negotiating a settlement with them after ensuring they do have the right to claim the debt from you.

Were those payments made to Arrow do you recall ?

Do you own your own house ? ( Restons quite like getting a charging order over property on debts of this kind of size - so best to check what your risk is )

Are you in a position to make a full and final settlement offer ( of say, 30% of the debt, about £4.5k ? ) ( in the future not immediately I mean )

Have you got your income and expenditure with current circumstances sorted out so you know what kind of pro-rata offer could be affordable ?

First step of course is to send the CCA request to Arrow ( if Restons are managing the account for Arrow you should send them a copy without the £1 for their information )

Personally I would respond to the letter, to save having further stress of a court claim to defend and deal with. They will need to send a formal pre-action letter before they issue a court claim in any case when you can ask for the original notice of assignment,and default notice.

I'd also say send a subject access request to MBNA as they ran the AOL cards but I'm not sure it will come up with anything as they haven't owned the debt for over 6 years, but then it might bring up something on default and assignment that could be helpful - it's free to send the request so there's no harm in doing so.

So...

1) response to the letter saying thanks, I'm not sure what this is, I'll check my records and have sent a CCA request to Arrow for a copy of the original agreement and a SAR to MBNA for more information about how the debt has arisen, I'd appreciate it if you could hold any further action on this account until I have received responses from those requests and been able to consider my position.

2) CCA request to Arrow with £1

3) SAR to MBNA.

If after that they go on to send a formal pre-action letter you know they already have the CCA request so can just ask for relevant documents - agreement, default notice, statement of account, notice of assignment at that point.

Doh, and it's afternoon ( already ! ) sorry, time's run away with me.... Afternoon Chris xx

[Chris0035]

Wow........

Sadly i lost my house and now rent, own very little to be honest I would not be able to make an offer of 4k as i really dont have much more than 1k and that would have to be on a card !! I made the payments as far as i can remember to MBNA i do not recall changing anything when they changed collection agents, is there a template for CCA request and do i have to do this before the 12th Sept.
I know its a big debt and was built up attempting to support by business after the banks crashed, if i had only known hey ......

I really do appreciate your advice

[Amethyst]

Okay so settlement in F&F isn't an option, and you don't need to worry about your house ending up with a charge over it.... so really there's very little they can do other than get a CCJ against you thus buggering up your credit file for a further 6 years, which I expect will be a pain in the bum as it's just about starting to clear up after your problems led to defaulting on a few debts? Do have an idea what your standing is credit file wise ( have you looked at them lately , might be worth doing to check your overall situation - you can check all three for free now using Noddle, ClearScore and MSE Credit Club )

For now then I'd do your letters.


TO ARROW GLOBAL - CCA Request - with £1 postal order

To MBNA - Subject Access Request Letter

To RESTONS.... ( two mins will draft something )

[Chris0035]

Many thanks

yes i suppose the plus of not having the house is they cant put a charge on it, my credit file is clear of any CCJ's and default notices, I have a credit card with MBNA and VIRGIN, i did default on a few debts but also did attempt to clear them, Clearscore i have a score of 380