Twins22 Restons/Arrow

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

No it's on its way they told me.This was where I thought by me not receiving it as yet they would be able to stop it and come to some sort of agreement but they said they can't stop it now it's been sent to the court is that true?Sorry I'm a complete worrier and just want this sorted ASAP.

I believe that the claimant can stop this right up to 7 days prior to a hearing date.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Sorry it's probably me not being clear. Restons took over the debt and I set up a payment plan

It's all clear now so try not to worry. There's always a solution to every problem

You can't put the clock back, so if the summons has been issued then take a deep breath and deal with the steps you can take to defeat any potential CCJ.

First things first:

How much is the debt?

Who was the original creditor and/or has the debt now been sold to a new business?

Was the account a credit card, loan, overdraft, or something else such as a utility or mobile phone contract?

When (what year) did you open the account?

Who is now chasing you for the money using Restons solicitors?

Depending on your answers to those questions there may be different options for you to consider.

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

No it's on its way they told me.This was where I thought by me not receiving it as yet they would be able to stop it and come to some sort of agreement but they said they can't stop it now it's been sent to the court is that true?

Of course they can stop it (Discontinue) any time up until five minutes before the hearing. But the question is what can be done to encourage them to stop and how can you put that into practice.

Di

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Di

The debt is £1800 and was a credit card with Halifax I had back from 2004/2005. It then was transferred to Cabot who I guess sent it to Restons. I feel a bit of a fool really but just so annoyed that they won't even hold their hands up to the letter not even getting to me on time.

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Di

The debt is £1800 and was a credit card with Halifax I had back from 2004/2005. It then was transferred to Cabot who I guess sent it to Restons. I feel a bit of a fool really but just so annoyed that they won't even hold their hands up to the letter not even getting to me on time.

Cabot own the debt, Restons Solicitors act for Cabot.

You can complain to Cabot about the conduct of their legal representative which of course takes instruction from Cabot.

Ken Stannard is one of the bosses you could address everything to him.

nem

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I was just going to ask if I should contact Cabot.I think I will do that tomorrow no harm in trying.Does that also mean then that Cabot can take it back?I didn't want to rock the boat as such with Restons if that makes sense.

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I was just going to ask if I should contact Cabot.I think I will do that tomorrow no harm in trying.Does that also mean then that Cabot can take it back?I didn't want to rock the boat as such with Restons if that makes sense.

Restons are instructed by Cabot in this claim it can be stopped as has all ready been said. Restons are always obstructive in their approach.

nem

- - - Updated - - -

I was just going to ask if I should contact Cabot.I think I will do that tomorrow no harm in trying.Does that also mean then that Cabot can take it back?I didn't want to rock the boat as such with Restons if that makes sense.

Restons are instructed by Cabot in this claim it can be stopped as has all ready been said. Restons are always obstructive in their approach.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I was just going to ask if I should contact Cabot.I think I will do that tomorrow no harm in trying.Does that also mean then that Cabot can take it back?I didn't want to rock the boat as such with Restons if that makes sense.

Whatever you do, you should do it in writing now that legal proceedings have been issued (so they say).

Have you paid the missed payment so in theory you haven't broken your payment plan?

Do you have a letter or something in writing from Restons which says how much should be paid and is it date specific, or does it simply say pay monthly?

If the missed payment was a bank error can you get the bank to confirm this in writing?

This won't form part of your Defence (if one is needed) but if you're thinking of approaching Cabot (the Claimant/Creditor) in the hope that they'll instruct Restons (their solicitors) to Discontinue the claim, then you might as well build a case (with evidence) for a formal complaint.

It might also make sense to send a s.77-79 CCA Request to Cabot to help them focus since from what you say this is an old Halifax credit card opened in 2004/5. Cabot tend to put things on hold if they receive a CCA Request which they can't comply with. This won't cancel the summons but it could be the start of positive negotiations.

Di

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I offered to pay the missing payment and this month plus the next in advance of need be to stop this but they said I can't do it.
The bank that caused the error is who I work for so unable to really get anything from them.I just went through my paperwork and it's actually now with Arrow it was previously Cabot.Looking more at the letter dated the 7th it's exactly the same apart from the dates as the first ever letter I got from Restons.Whenni set up the plan I got a direct debit letter sent out with the amount ect and monthly.
A CCA request-would I do the same to Arrow?

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I offered to pay the missing payment and this month plus the next in advance of need be to stop this but they said I can't do it.
The bank that caused the error is who I work for so unable to really get anything from them.I just went through my paperwork and it's actually now with Arrow it was previously Cabot.Looking more at the letter dated the 7th it's exactly the same apart from the dates as the first ever letter I got from Restons.Whenni set up the plan I got a direct debit letter sent out with the amount ect and monthly.
A CCA request-would I do the same to Arrow?

Good to see you're sounding more positive about the situation

You got a scary letter from Restons solicitors. It spooked you because it appears you were denied the (time) opportunity to respond to a legal threat. You called them and they told you a claim has already been issued. Post on the LB forum when you receive it.

You now think the current owner of the debt (potentially the Claimant) is Arrow not Cabot. Both debt purchasers use Restons Solicitors to collect their debts.

Until you're sure of who actually owns this debt (being collected by Restons) it's not easy to suggest the way forward. Obviously a complaint to Cabot that their solicitors have acted 'heavy handed' won't make sense if the debt is actually owned by Arrow.

A CCA Request needs to go to the actual owner of the debt.

One step at a time.

. . . . and breathe . . . .

Di

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I think when I saw on the letter the date had passed and I panicked and I think Restons knew that.Now they have said they have sent it to the courts is just the worrying part.Could they be making this up though?

It was definitely Arrow Global -(i spent last night going through a box of paper work) who own the debt so should I send my CCA request to them and Reston's?

As Restons asked for proof of who I worked for I emailed that yesterday and was going to call today to check they had it should I mention on that call a CCA request?

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

It was definitely Arrow Global -(i spent last night going through a box of paper work) who own the debt so should I send my CCA request to them and Reston's?

I would send the CCA Request to Arrow with a photocopy to Restons including a copy of the £1 postal order.

Both should be sent by Royal Mail Recorded Delivery.

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I offered to pay the missing payment and this month plus the next in advance of need be to stop this but they said I can't do it.

If you have their bank details (sort code, account number and your reference with them) is there any reason why you couldn't make an online payment into the account if they are refusing to collect the Direct Debit you had set up with them?

If you're minded to settle this with a Tomlin Order then it would show continued goodwill on your part even if they haven't been overly helpful.

Di

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I would send the CCA Request to Arrow with a photocopy to Restons including a copy of the £1 postal order.

Both should be sent by Royal Mail Recorded Delivery.

Di

With the current attitude of Arrow Global to CCA request i.e. refusing to accept signed for post it would be better to us free proof of posting and if you a hand writing an envelope us a printed label or print on the envelope, make it look as business like as possible.

nem

- - - Updated - - -

I would send the CCA Request to Arrow with a photocopy to Restons including a copy of the £1 postal order.

Both should be sent by Royal Mail Recorded Delivery.

Di

With the current attitude of Arrow Global to CCA request i.e. refusing to accept signed for post it would be better to us free proof of posting and if you a hand writing an envelope us a printed label or print on the envelope, make it look as business like as possible.

nem

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Morning
So I have received the court papers.Turns out this debt is actually back to 2002. But I have also had a lengthy chat with Restons who mentioned about doing a Tomlin and I am now awaiting to hear in the next few days if we can do that.Do I still need to respond to the court papers even if a Tomlin is put in place?