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Restons solicitors help?

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  • #1

    Restons solicitors help?

    Hi just wondering of someone can advise me on what I should do after a confusing response from a CCA request from Restons.
    I am currently in the process of dealing with some old debts which I stopped paying in 2009.
    This particular one is originally from 2001.
    Anyway, I sent a CCA request using a template from a forum and I got the following response from restons.
    Dear Madam
    please find enclosed a draft letter which purports to come from you but which is unsigned, and postal order for £1.00.
    you will appreciate, that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it.
    please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide a response.


    what shocks me is that they done seem to be sure I am the correct person!! So they have happily sent personal data through the post to someone they are not sure is who they think it is.

    I am a total loss at a response to this, could someone help me? Or point me in the right direction? Thanks in advance
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    • 1 thank
  • #2
    Re: Restons solicitors help?

    Reply, enclosing your signed CCA letter and payment, expressing your surprise that they have been sending personal information to you without having satisfied themselves that you are the correct person. Mention you are unaware of them having a previous signature of yours to compare to so are unsure how you signing the letter will satisfy them of your identity. Also point out that they have signed their letter Restons Solicitors and you are uncomfortable communicating with a business entity rather than an individual. (Politely and not too sarcastically as you might need to include this letter in court bundles later)

    On the other side of things why are people still not signing their CCA requests? Use an antitamper strip (or print some lighter xxxxxxx's in the bit where you sign the letter) if you are worried.

    Most CCA's now are acceptable without having the signature on anyway ( unless you truthfully deny ever signing it pre 2007) so I'm not sure what people think they are going to do with the signature. Also, signing the letter makes no difference to whether you are the right person or not because Restons don't have an earlier copy of your signature to compare against.

    It is a stalling tactic on their part and really annoying and I doubt it would stand up in court but when in litigation you just need to make sure your CCA request has been accepted so you can use it in your defence or get the documents in time to be able to properly analyse their validity.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps
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    • #3
      Re: Restons solicitors help?

      Is there a template anywhere that I can use to respond? I want it to look like I really do no what I am on about!
      Which up till now I was quite confident in how I have communicates but I really wasn't expecting this response.
      thank you so much for taking the time to reply to me, this will help me
      • 1 thank

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      • #4
        Re: Restons solicitors help?

        Or just sign the CCA and send it back to them.

        Dunno ummm...


        Dear Sirs,

        YOUR REF: Xxxxxxxxxxxxxxxxxxx

        Thank you for your letter dated xxxxxxxxxxxxx in response to my formal request for a copy of the original credit agreement referenced above. I must admit I am somewhat surprised at your request considering you have been quite happily sending personal information to my address over the past xxxxxxxxx months and you are uncertain if I am the correct person. I'm not sure how my signing the request assists you in confirming my identity, being as I have not previously communicated with you and you do not hold any copy of my signature on file to verify it against as far as I am aware.

        For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 for my request to you to be signed, however in the interests of progressing this request I enclose a copy of my original letter, signed by myself.

        I trust this will be satisfactory for you, and I look forwards to receiving the documents requested within the next 12 days.

        Kind regards
        xxxxxxxxxxxxxxxxxxxxxxxxx
        xxxxxxxxxxxxxxxxxxxxxxxxx
        xxxxxxxxxxxxxxxxxxxxxxxxx
        andy70
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps
        • 2 likes

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        • #5
          Re: Restons solicitors help?

          Brill thank you, I will get this typed up and sent off Monday morning. I will be back to update so hopefully it can assist others if needed.
          Once again many thanks
          • 2 likes

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          • #6
            Re: Restons solicitors help?

            Have you heard anything yet ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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