Restons

[Queenb]

Hi All

I need some advice, I had credit card with Aqua and I'm ashamed to say I got into a lot of debt through bad mental health and ran up debts everywhere. I finally acknowledged the debts and arranged to pay back £2 a month to Aqua who I owe £1373.14 which at the time they accepted. Aqua then sold the debt to Arrow Global who in turn have asked Restons to deal with the account. I never paid any monies to Arrow Global. Restons have written to me telling me that they have been referred by Arrow Global to proceed with legal action and they want me to complete a financial statement form for them.

I have seen online that Restons are a horrible bunch and I don't know what to do. Any suggestions?

[warwick65]

Re: Restons

Are you still paying money to AQUA ?
Did you have a written agreement to pay this amount?

It depends on what Restons have said to you, if they have issued a LBA then there are things you need to do, if not you could write to them saying you have an arrangement in place with AQUA and you are willing to keep that arrangment going.

[Guest]

Re: Restons

Keep paying the £2 as agreed and do not fill in the form

[Kati]

Re: Restons

Don't fill in the I/E form without getting advice first!!

What was the letter you received?? Could you afford more??
[MENTION=55034]nemesis45[/MENTION] ... would a cca be advisable here??

[nemesis45]

Re: Restons

Don't fill in the I/E form without getting advice first!!

What was the letter you received?? Could you afford more??
@nemesis45 ... would a cca be advisable here??

Yes most definitely send a CCA request, complete the I & E statement but only for your own use so that you are clear on what is reasonable, affordable and sustainable in the future.
CCA to AG + £1.00 statutory fee ( use a postal order and mark it " For Statutory Fee Only" send by signed for post. There's a template for the request in the green box at the top of " the court claim forum".

Send a copy of the CCA request (no fee ) to Restons as well as AG are known to play silly buggers with requests.

nem

[Queenb]

Re: Restons

Hi All

i have now received a court claim form by Restons - what should I do?

[warwick65]

Re: Restons

Ok
So a bit of info will help others to give you a better answer

1) Could you write out the details of the particulars of claim as they appear on the claim form
2) Did you ever sent the CCA request to Arrow Global?
3) What is the date on the claim form?

1st step is to acknowledge the claim, this can be done online via the MCOL website although it seems if often plays up at weekends
here are your first steps http://legalbeagles.info/forums/show...it-Court-Claim

The timeline you must follow
Acknowledge the claim within 19 days from the date on the claim form but the sooner the better- so its done
Submit your defence within 33 days from the date on the claim form- that is best left to near the deadline

- - - Updated - - -

P.S [MENTION=49370]Kati[/MENTION]i

Can you please move this to the court claims forum

[Kati]

Re: Restons

@Kati

Can you please move this to the court claims forum

sorted xx

[Queenb]

Re: Restons

Ok so the particulars of claim state the following:

The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and New Day Ltd dated on or about Sep 02 2013 and assigned to the claimant on Sep 25 2015
date 03/03/2017 default balance 1373.14
post Refrl Cr NIL
total 1373.14

No CCA request was sent

Date of claim form states 28 April 2017

[warwick65]

Re: Restons

Hi
Ok so you need to follow the steps set out in the green box at the top but here they are
1) Acknowledge the claim online you have until 17th may to do this but the sooner the better
2) Send a S78 request to AG including the £1 fee- send by Royal Mail signed for delivery
3) Send a CPR 31.14 request to Restons - see example above
Ask for
the agreement
the Notice of assignment
The Deed of assignment
( Mention ( as in the example) and include a copy of your S78 request but no need for the fee

Finally send a Subject Access Request to Newday asking for all info they hold on you . You will need to send a £10 fee for that

After that it is a bit of a waiting game, your defence is due 31th may ( I think)

Do you have any paperwork that was ever sent, this might include a default notice

[Queenb]

Re: Restons

Thanks Warwick, I have acknowledged claim online and I will do the other things tomorrow.

i only have lots of threatening letters from Restons, I have bipolar and it's no excuse but I can't find anything else.

[warwick65]

Re: Restons

Dont worry. I was just checking.

I dont have lots of letters from the bad old days.

[Queenb]

Re: Restons

Hi

i received a response today from Restons, see attached.

i have to file a defence today, any ideas what to say?

[Kati]

Re: Restons

defence template - http://legalbeagles.info/forums/show...t-Court-Claims

you can use their refusal to comply with your request as a part of your defence (tagging [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION])

[warwick65]

Re: Restons

Nothing like leaving it until the last minute.

I can't open the file you uploaded , not sure why

If you have not uploaded your defence you may want to post it here and see if anyone can give you input