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.

[xxjennxx]

do not wake up = and give them an excuse to try and find something- may the silence last longer and forever. sit on your hands they have a problem their problem not yours> come back if you hear from them!

Thanks Mike I will

[MIKE770]

do not wake up = and give them an excuse to try and find something- may the silence last longer and forever. sit on your hands they have a problem their problem not yours> come back if you hear from them!

[xxjennxx]

Its been nearly a year since my last post and I have had no response from Restons. Do I write again to show willing and say their client has had nearly 2 years to send me the documentation and that their client still hasn't used the cheque in the intended manner, I can enclose the latest statement of account? Do i remind them that on 7th October 2018 that they are chasing a 6 year old account and will becoming statute barred? Or do I leave it?

[charitynjw]

Re: Restons Solicitors & ME III Ltd

I would write to Restons, asking for disclosure of all Notices of Assignment & all Deeds of Assignment pertaining to the alleged debt. (Refer to their Nov 28th letter).
Again, offer to pay for reasonable copying costs.
Allow a reasonable response time (28 days?)
Keep a copy & get proof of posting.

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

begging letter? seen so many times lately!

I can't believe its taken them nearly 8 months to reply!

[MIKE770]

Re: Restons Solicitors & ME III Ltd

begging letter? seen so many times lately!

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

I should also add that I had this reply back on the 28th November acknowledging they shouldn't have used the £1 cheque towards the debt. I haven't received anything after that not even a new statement with the £1 removed
[MENTION=55034]nemesis45[/MENTION] whats my next move?

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

This forms part of your defence, so don't send it.

Let's see what Restons come up with.

nem

[MENTION=55034]nemesis45[/MENTION] Its been 8 months and I've finally had a reply from Restons!!!!!!!!!!! Ive attached the letter

[nemesis45]

Re: Restons Solicitors & ME III Ltd

@nemesis45 I have drafted a short letter to the court should I send this or wait for a reply from Restons? Letter draft below. I will also send them a copy of the letter from DLC and the letter I have sent to Restons

I would like to bring to your attention the conduct of ME III.

I sent ME III a cheque for £1, which represented the statutory fee payable under the Consumer Credit Act for a copy of my Consumer Credit Agreement as is my entitlement under sections 77-779 of the Consumer Credit Act 1974.

ME III have then passed this cheque on to a company I haven’t heard of called DLC. DLC have then deducted the £1 from the alleged debt.

I have again requested that the claimants solicitor send the documents requested.

This forms part of your defence, so don't send it.

Let's see what Restons come up with.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

[MENTION=55034]nemesis45[/MENTION] I have drafted a short letter to the court should I send this or wait for a reply from Restons? Letter draft below. I will also send them a copy of the letter from DLC and the letter I have sent to Restons

I would like to bring to your attention the conduct of ME III.

I sent ME III a cheque for £1, which represented the statutory fee payable under the Consumer Credit Act for a copy of my Consumer Credit Agreement as is my entitlement under sections 77-779 of the Consumer Credit Act 1974.

ME III have then passed this cheque on to a company I haven’t heard of called DLC. DLC have then deducted the £1 from the alleged debt.

I have again requested that the claimants solicitor send the documents requested.

[nemesis45]

Re: Restons Solicitors & ME III Ltd

This is the letter I have written to Reston Solicitors. Please can you advise if I need to add or amend anything @nemesis45

On 19.08.16 I wrote to your client ME III Ltd to request a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I also sent your client a cheque for £1 which represented the statutory fee payable under the Consumer Credit Act.

On 19.11.16 I received a statement of account from DLC to my surprise they have used the £1 cheque specifically sent for my Consumer Credit Agreement and used it to deduct from the alleged debt. DLC have no right to do this.

I therefore request that you discontinue the claim or I shall contact the court and ask that this case be struck out.

I would remove the last para, and instead state that the conduct of their client will be brought to the attention of the court and if you do not receive the documents requested you will make application for the claim to be struck and will expect their client to bear the cost of the application.

nem

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

Thanks [MENTION=3599]MIKE770[/MENTION] I thought I'd write to Restons first and give them a chance to discontinue the claim first

[MIKE770]

Re: Restons Solicitors & ME III Ltd

hang on until the peeps arrive here there is a system in place for strike out application using the court process applications, forewarned is forearrmed

[xxjennxx]

Re: Restons Solicitors & ME III Ltd

This is the letter I have written to Reston Solicitors. Please can you advise if I need to add or amend anything [MENTION=55034]nemesis45[/MENTION]

On 19.08.16 I wrote to your client ME III Ltd to request a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974. I also sent your client a cheque for £1 which represented the statutory fee payable under the Consumer Credit Act.

On 19.11.16 I received a statement of account from DLC to my surprise they have used the £1 cheque specifically sent for my Consumer Credit Agreement and used it to deduct from the alleged debt. DLC have no right to do this.

I therefore request that you discontinue the claim or I shall contact the court and ask that this case be struck out.