Restons Solicitors & ME III Ltd

[xxjennxx]

Hello

I came across this forum after I typed in Restons Solicitors so I'm hoping you can help me.

I have received this letter today which I've typed below (I'm no proof reader but they like using commas!) In the FAQ it says I opened the account on 02 November 2006 the termination date was 16 August 2007, the date of assignment is 24 June 2016 and the last payment date is 04 October 2012. It also says I am NOT entitled to see a copy of the sale agreement, that can't be legal??

I have no idea who ME III Ltd are or Cabolt Financial are, its the first I've heard of them in this letter. I have no paperwork whatsoever regarding this account I've moved 3 times since 2007. I have never acknowledged the debt but I'm pretty sure its been passed around a couple of times any debt collection letters go straight in the bin. This letter would have gone in the bin too but when I saw Solicitors in the header I thought I'd check it out. After a quick look on google it looks like I'll be receiving court papers soon! I was under the impression that once you defaulted you couldn't get a CCJ it was either one or the other.

I'm a single mum and work part time my youngest is disabled so I'm in two minds to phone and ask what the reduced rate would be or find the energy to fight them.

Any help and advice would be much appreciated


RE: ME III limited v. Yourself
Account Number: XXXXX
Original Creditor and Product Type: Argos Card Services - Store Card

We are instructed by our client, Cabolt Financial (Europe) Ltd, appointed by your creditor ME III Ltd, to seek payment from you of the outstanding balance on your above account, being £992.43, plus interest as appropriate. As you have previously been notified, ME III Ltd acquired the rights to the above account on Friday June 24, 2016 and is entitles to receive payment due under the same. The above reference number may relate to several financial products.

We ask you to pay the sum of £992.43 direct to this office by Thursday July 21, 2016 failing which, we have instructions to issue a Claim against you in the County Court for the full balance due plus any continuing interest, fees and costs that the Court may award our client.

Failing payment of this sum of £992.43 by Thursday July, 21 2016, our Client may be prepared to accept payment by instalments. If this is your preferred option please complete the enclosed questionnaire and return it to their office by Thursday July 21, 2016. We may need to telephone you on any number we have available for you to discuss your completed form. Please let us know is any time that may not be convenient for you to discuss this with us.

Once issue, should you fail to reply to the Claim, we are instructed to request that the Court grants a Judgement in Default by instalments unless information is held which suggests this is not appropriate, in which case, Judgement will be requested payable in full, forthwith. If Judgement is granted this will be registered by the Court and may affect your ability to obtain credit in the future.

All future correspondence and payments should be sent to this office, clearly marked with your name and our cover reference. Furthermore, our Client has asked us to draw to your attention an opportunity for you to clear the account at a specially discounted settlement figure, if you are interest you should call the telephone above.

Finally, if you are not already doing so, we recumbent that you seek your own independent alive regarding the outstanding balance on your above account, from a solicitor or for example, the Citizens Advice Bureau or any other non-fee charging money advice organisation.

[Amethyst]

Re: Restons Solicitors & ME III Ltd

Ahh looks like these are being sent in batches - someone else had the same today ( http://legalbeagles.info/forums/show...-letter-please! )

See if you have any record of that payment allegedly made in 2012. Also did you have an Argos debt?

t also says I am NOT entitled to see a copy of the sale agreement, that can't be legal??

Where does it say that? ( and what exactly does it say )

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Hi

Thanks for replying I've attached the FAQs where it says I'm not entitled to see a copy of the sale agreement

[charitynjw]

Re: Restons Solicitors & ME III Ltd

ME 111 Ltd I think are Marlin?

Same directors as Cabot.

https://beta.companieshouse.gov.uk/c...55614/officers

https://beta.companieshouse.gov.uk/c...34534/officers

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Just logged in to look at my statements and they only go back to July 2013. I had a debt payment plan with the consumer credit counselling service so there will be no specific payment to Argos on my statement. I think it was with Moorcroft then

[Amethyst]

Re: Restons Solicitors & ME III Ltd

Hi

Thanks for replying I've attached the FAQs where it says I'm not entitled to see a copy of the sale agreement

Ah okay, they are probably bored of getting letters from GOODF people ( don't worry, it's a freeman on the land type forum ) The Sale Agreement they are talking about is the sale from Argos To ME III ( ME III will have paid 10-20% for the debt - so if you wanted to negotiate a settlement that should give you an idea of a starting point)

So you should send a CCA Request This is for a copy of the original agreement between yourself and Argos. they need to provide that agreement to be able to enforce the debt through court, although it won't stop them trying, or starting a court claim. The account was defaulted in 2007 so will have fallen off of your credit file now. A Default on your credit file has no bearing on whether they can bring court action. If they did get a CCJ though it would be on your credit file for a further 6 years.

Statute barred will be out if you were in a DMP with CCCS ( Stepchange now) until 2013 and this Argos debt was part of the DMP, so we can put that to one side.

Do you recall much about the debt ? Is the amount right ? (it's probably plus some interest/charges over the years been added but shouldn't be too much)

[nemesis45]

Re: Restons Solicitors & ME III Ltd

Ah okay, they are probably bored of getting letters from GOODF people ( don't worry, it's a freeman on the land type forum ) The Sale Agreement they are talking about is the sale from Argos To ME III ( ME III will have paid 10-20% for the debt - so if you wanted to negotiate a settlement that should give you an idea of a starting point)

So you should send a CCA Request This is for a copy of the original agreement between yourself and Argos. they need to provide that agreement to be able to enforce the debt through court, although it won't stop them trying, or starting a court claim. The account was defaulted in 2007 so will have fallen off of your credit file now. A Default on your credit file has no bearing on whether they can bring court action. If they did get a CCJ though it would be on your credit file for a further 6 years.

Statute barred will be out if you were in a DMP with CCCS ( Stepchange now) until 2013 and this Argos debt was part of the DMP, so we can put that to one side.

Do you recall much about the debt ? Is the amount right ? (it's probably plus some interest/charges over the years been added but shouldn't be too much)

I think Restons are referring to the " Deed of Assignment".

nem

[Amethyst]

Re: Restons Solicitors & ME III Ltd

Well, yes, but doubt that means a lot to many.

[nemesis45]

Re: Restons Solicitors & ME III Ltd

Well, yes, but doubt that means a lot to many.

Restons are masters of misleading statements even up to producing witness statements Petrie Coe keeps out of the way leaving trainee tea makers to produce documents.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I have no idea how much the original debt was for it was so long ago! I may have some statements in the loft from the CCCS I will check after work. I've decided to wait and see if they send me any court papers if and when I receive them I'll request the CCA. I've gone this long without acknowledging the debt don't want to cave in after one "solicitors" letter

[Amethyst]

Re: Restons Solicitors & ME III Ltd

As it is a firm Letter before Action I would recommend responding to it, it is part of the pre-action protocols and could prevent a court claim ever being brought in the first place. If they produce the documents at this stage you could negotiate installments without having any risk of a CCJ. You can also say in the letter that you do not acknowledge the debt, that any court claim will be defended and you can also say that you are seeking advice from CItizens Advice and that should buy you a further 30 days breathing space.

[xxjennxx]

Reston County Court Claim

Hello

Please can someone help with the claim form I received today from the County Court Business Centre.

I sent MEIII a letter with a postal order of £1 for the original agreement etc they still have 7 days to reply. In the meantime I need to fill in the defence or ask to hold proceedings until I receive their reply.

I've registered at the MCOL but have no idea what to put in the defence bit

I found a post for a CPR 31.14 request which I'm filling in now

The particulars state the date 06.07.16 the item is default balance and underneath it says post Refrl Cr (what does that mean?)

[xxjennxx]

Re: Reston County Court Claim

Here is a copy of the particulars.

I'm going on holiday tomorrow morning and won't be back until next thursday. If anyone can help me out before I go it would be much appreciated

[Kati]

Re: Reston County Court Claim

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[nemesis45]

Re: Reston County Court Claim

Here is a copy of the particulars.

I'm going on holiday tomorrow morning and won't be back until next thursday. If anyone can help me out before I go it would be much appreciated

Hi sorry for the delay in replying.

Have you acknowledge service of the claim? If not do so online asap and state intention to defend in full but Do Not make any statement in defence
at this stage, you will the have 28 days from the date the claim was issued to submit a defence.
I will say that the particulars of claim are the most vague I've seen for a very long time.

nem