Restons Solicitors & ME 111 Ltd.

[reptile]

Hello Leagle Beagles,

I have this morning received a claim from Restons and ME 111 Ltd.

The debt is a personal loan with Black Horse which was defaulted in December 2007. After the default I entered a payment arrangement with Black Horse directly. This lasted until February 2009 when I made my last payment to the account. This left a balance of "a couple of thousand".

I have made no communication or payment to account since this date in 2009 with either Black Horse or any other party regarding this debt. I have received multiple letters from multiple DCA's but these have never been replied to until November 2015 by which time the debt was Statute Barred.

I have been in communication with Restons since November 2015 although then they were representing DLC. They sent me letter "Restons 11/11/2015".

Knowing that the debt was statute barred I replied with "14/11/2015".

I heard nothing from them until January 2016 when I received "12/01/2016".

I did not reply to them, they sent me a letter in June "Restons 01/06/2016".

I replied to this letter with "Reply 02/06/2016".

Their next reply was "Restons 08/06/2016"

I replied with "Reply 09/06/2016" telling them that they have to prove that the debt is not statute barred.

This morning I received the claims form from the bulk processing centre "claims form". I have not acknowledged yet, is it still best to do this as soon as receiving the claims form?

I have not had a reply from my 09/06/16 letter.

What do I do?!

It is interesting to note that in their letter of 01/06/2016 they do not know when the account terminated or even if and when a default was issued. i have attached a copy of the default notice "Black Horse Default". This disappeared off my credit record some years ago.

I have also attached a copy of my bank statement showing when the last payment was to Black Horse "Barclays Bank Statement 2009".

I feel that they are chancing it and don't actually know what the account has been doing over the years.

Just to confirm, there has been no payment of any type made to the account or acknowledgement since February 2009.

How am I best to approach this?

Thank you so much for any help you can give me.

Reptile

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I couldn't add all attachments on the first post.

The remaining attachments are here.

[R0b]

Re: Restons Solicitors & ME 111 Ltd.

I've tagged [MENTION=55034]nemesis45[/MENTION] for his usual help.

I do notice however that ME III's authorisation has been cancelled and are therefore not authorised to conduct any regulated activities. Presumably they were relying on OFT's "group licence" when they were in charge however I did some research into this a few days ago on another matter I was looking into and the FSMA does not have any comparable "group licence" and therefore each individual firm would need to appyl for authorisation.

Perhaps that is something to be raised in the defence [MENTION=55034]nemesis45[/MENTION]?

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Thanks R0b!

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Is it best to acknowledge the claim straight away?

[R0b]

Re: Restons Solicitors & ME 111 Ltd.

Yeah, you acknowledge the claim you get a further 14 days on top to file a defence, so do it as soon as possible. If required, and depending on further comments suggested, I would presume you would need to send a CCA request for the agreement, and at the same time could ask for an extension of another 28 days or an extension to file your defence by X date giving you more time.

Wait and see what Nemesis says on that first though, but do acknowledge the claim.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Ok, thank you.

Who would the CCA request go to? ME III or Restons?

[R0b]

Re: Restons Solicitors & ME 111 Ltd.

ME III

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

Not sure if this is important but I thought I would ask.

The "Default balance" that they are claiming for is £3952.72. The actual Default Balance was £2981.99.

Is this important?

Thanks

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

I've tagged @nemesis45 for his usual help.

I do notice however that ME III's authorisation has been cancelled and are therefore not authorised to conduct any regulated activities. Presumably they were relying on OFT's "group licence" when they were in charge however I did some research into this a few days ago on another matter I was looking into and the FSMA does not have any comparable "group licence" and therefore each individual firm would need to appyl for authorisation.



Perhaps that is something to be raised in the defence @nemesis45?

Marlin Europe 3 is part of the every growing Cabot group which has " authorised representative " status for some parts of the group which then under undertake litigation on behalf of the other companies within what now appears to be Cabot Financial Management.

I have no doubt that the claimant is relying on the Appeal Court Judgment in BMW Finance Ltd. - v - Hart in which their Lordships decided that the " cause of action " was the date when the agreement was terminated. ( However I believe thoughts on the judgment have moderated this).

The fact that Black Horse routinely took a considerable and in my opinion an inordinately long time after issuing a default notice and registering a default with CRA + prolonging the time before actually terminating the agreement is unfair and unreasonable to the debtor as it compromises the Limitation Act provisions .

Ok. What have you done so far:

Acknowledge the service of the claim online at MCOL and stated intention to defend in full if not do so asap.

Next A request made under the provisions of sections 77/78/79 of the Consumer Credit Act 1974 ( CCA Request) this goes direct to ME111. There is a £1 statutory fee for this, please use a postal order marked " For Statutory Fee Only" make a copy and keep for your records. Use signed for post and check deliv. date and signature print off a copy and keep.
There is a template in the " green box " above for you to use.

Then: A request to Restons for copies of the documents mentioned in the Particulars of The Claim which appear to be a " Contract " an " Assignment Notice" there is no fee for this.

Again use signed for post and check delivery etc.

Aside from what I've said on the validity of ME 111 and its licensing status I would as [MENTION=71570]R0b[/MENTION] has said mention this in defence.

OK those are the priorities for now.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

The fact that Black Horse routinely took a considerable and in my opinion an inordinately long time after issuing a default notice and registering a default with CRA + prolonging the time before actually terminating the agreement is unfair and unreasonable to the debtor as it compromises the Limitation Act provisions .

Thank you for your help.

I am a little confused by this. How do we know when the agreement was terminated? The default was registered on my credit file around the same time as the default notice, it is no longer on my credit report.

Surely it is irrelevant and the last payment and/or acknowledgment date renders agreement termination date invalid?

How long do ME III and Restons have to reply to my requests?


Thank you

Reptile

[nemesis45]

Re: Restons Solicitors & ME 111 Ltd.

Thank you for your help.

I am a little confused by this. How do we know when the agreement was terminated? The default was registered on my credit file around the same time as the default notice, it is no longer on my credit report.

Surely it is irrelevant and the last payment and/or acknowledgment date renders agreement termination date invalid?

How long do ME III and Restons have to reply to my requests?


Thank you

Reptile

CCA request has a 12 + 2 working days statutory timescale after which the debt is rendered unenforceable Until the agreement or a compliant reconstituted agreement is provided.

CPR 31.14 has a 7 day timescale but this rule only applies until the claim is allocated to the small claims track.

nem

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

I have received a response to my letter dated June 9th from Restons.

Is it worth sending them a copy of the default notice and telling them that delaying the actual default compared to the reasonable date of the account breaking down is contrary to the ICO guidelines, namely:

"4. If you fall into arrears on your account, or you do not keep to the
revised terms of an arrangement, a default may be recorded to
show that the relationship has broken down.
As a general guide, this may occur when you are 3 months in arrears, and normally by the
time you are 6 months in arrears."

To wait more than two years since the last payment or acknowledgment before terminating the agreement is unreasonable.

Is it worth entering dialog with Restons at his point?

Thank you

Reptile

[charitynjw]

Re: Restons Solicitors & ME 111 Ltd.

Link?

I think this may be referring to a default with a Credit Reference Agency.

The link to the quote would be of assistance.

If so, a very different animal to a CCA default.

[reptile]

Re: Restons Solicitors & ME 111 Ltd.

There is no link?

I have given full disclosure on the default.

the default did get registered with the CCA's, is it possible to get old credit reports?

This was defaulted back in 2007, it has been and gone on my credit report.

Thank you for your response,

Reptile