Letter from Solicitor requesting payment on behalf of a debt collector

[mattjunior]

Hi,

In 2007, I had a personal loan and Graduate overdraft with HSBC. Unable to keep up with payments, the loan defaulted in 2008. The bank also closed the overdraft at this time, added some charges and passed the entire balance to a debt collector (Moorcroft I believe). In 2009, I started a DMP with Step Change (then CCCS). This continued until a time when Step Change halted the DMP because I hadn't updated my circumstances. I think this was in 2012 or 2013. Since then I have had occasional letters from either Moorcroft, Capquest or Arrow. These letters only went so far as to threaten 'further action', such as 'more letters and calls' for example. I made no response to any of these. Last week, I received an intial letter from Restons saying that they had bought the debt.

Their letter this week goes as follows:

We are instructed to seek payment of [£amount - combined amount, doesn't say how much is for the loan or the overdraft]

Failure to contact by [date next week] will result in further action. Which could include the issue of a County Court Claim for the full balance plus fees and costs [£510].

There is then a suggestion of installments or short settlement, no figures.

There is also a page of FAQ's in which they detail the creditor, that it was a loan (not entirely accurate), the account number for the bank account, the opening date (2007), the 'date of assignment' (Jan 2013) and 'last payment date' (Aug 2013).

My questions are:

Aside from the obvious, who are these people? Can they take me to court for a 10 year old debt they don't seem to know everything about? What should I do with the 'Financial Statement' they included, if anything?

I always wanted to dispute the default and the total amount at the time. I received barely any information at the time (lost after countless house moves since then) and felt the charges added on were punitive and unreasonable. i only discovered the graduate account was closed when I tried to pay for something. Being naiive and scared of bailiffs I took some advice and started a DMP without fighting the amount.

Do I have any options now?

Many thanks.

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Also, hello everyone!

[nemesis45]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hello Matt.

Which solicitors is this and who are they representing? ( Restons/ Arrow Global?)

If they are referring to a loan you need to send a request for a copy of the agreement to the owner of the debt (CCA Request) wit the £1 statutory fee and a copy to the solicitors (no fee).

nem

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi nem,

Thanks for replying. The letter is from Restons, representing Arrow.

There were two amounts from HSBC, a loan and an overdraft. Both are rolled up together I think. The letter says the amount is for a loan but it is identified by a sort code and account number that I can only assume belong the old bank account.

To whom do I send this CCA request please? (I don't know what that is, sorry. if there is some reading I should do, I will).

matt

[nemesis45]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi nem,

Thanks for replying. The letter is from Restons, representing Arrow.

There were two amounts from HSBC, a loan and an overdraft. Both are rolled up together I think. The letter says the amount is for a loan but it is identified by a sort code and account number that I can only assume belong the old bank account.

To whom do I send this CCA request please? (I don't know what that is, sorry. if there is some reading I should do, I will).

matt

Hello Matt,

This is the second HSBC / Arrow/Restons " consolidated " debt this week perhaps a whole raft of them has been sold recently.

OK if they say it's a loan treat at such CCA Request to Arrow, send a copy of the request to Restons.
Use the template from the green box at the top of the " court claim" forum us a £1 postal order marked " For Statutory Fee Only" copy this for your records and also send a copy of the request and the PO to Restons. Use signed for post for both.

nem

[Diana M]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

To whom do I send this CCA request please? (I don't know what that is, sorry. if there is some reading I should do, I will).

You can read about CCA Requests in this forum link where you will also find a template letter >

http://legalbeagles.info/forums/show...y-of-Agreement

You will send your CCA Request to Arrow since they are the current owner of the debt.

Then send a copy of it including a photocopy of the £1 postal order (for the statutory fee) to Restons with a one-liner basically saying "please see attached s.77-79 CCA Request sent to your client today.

Don't mention anything about overdraft or loan because you don't want them to figure it out. You want them to make mistakes

Di

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Thank you.

If I send this, what am I acknowledging? Since 2007 nobody has threatened me with court action. Why now? Is it just a bluff? I'm worried about opening pandora's box so to speak.

[nemesis45]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Thank you.

If I send this, what am I acknowledging? Since 2007 nobody has threatened me with court action. Why now? Is it just a bluff? I'm worried about opening pandora's box so to speak.

Hello Matt,

A CCA request is made under the provisions of sections 77/78/79 of The Consumer Credit Act 1974 ( as amended) and does not amount to an admission of liability in any way.

nem

[Diana M]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Since 2007 nobody has threatened me with court action. Why now? Is it just a bluff? I'm worried about opening pandora's box so to speak.

Your CCA Request won't be opening a Pandora's Box. In fact if you don't respond to that letter you may find a court claim on your doormat so it's best to head them off at the pass by sending a CCA Request which will protect your legal positon if they do.

In an earlier post you said you were in a DMP until 2012/13. That may explain why nobody threatened you with legal action from 2007.

If your last payment was about 5 years ago this new interest in the debt may have been triggered in the final year before the debt is due to become Statute Barred (Arrow may know the last payment date).

Check back to when your last payment was in case SB is on the horizon.

Di

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

I've drafted the letter. Please can I check the following.

I've found the last stement from Arrow, Feb 2017. The contact address under 'Get in touch' is for Capquest... Do I send and address it to them with a postal order? (never sent a postal order but I assume the PO will help)

With regard to the copy for Restons, do I send a cover sheet of sort? or just send the same letter to both.

And sending this definitely doesn't reset statute limits?

I was wrestling with the idea of ignoring them as it has been fine thus far but decided it's time to take this head on. Thanks :-)

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

*Update*

I ended up witholding any response. This is my own fault, it had worked thus far and I can live with that.

I received a County Court Claim form yesterday.

I still haven't sent CCA, as stated above, how do I respond? You're not wasting your time answering this, I WILL respond.

Many thanks,

Matt

[MIKE770]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

| First Steps CCA Request || CPR 31.14 Request

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi Matt

You must acknowledge the claim asap, & within 19 days of the court claim issue date.
Failure to do so risks a default judgment.
Defend in full for now.
If you live in England/Wales, do not contest jurisdiction.
Do not enter anything in the 'Defence' box.

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi Matt

As Charity says
1) Acknowledge the claim - this can be done online and tick defend in full

2) Send the CCA request

3) Send the CPR request. Remember on a CPR request you can only ask for documents mentioned in the particulars of claim. It might help if you were to type out the exact wording of the POC so any advice is appropriate

4) Send a Subject Access Request to HSBC. You will need to include the fee of £10 for that one

here is a template provided by Mike on another thread

Name address of recepiant :-

Date:-

SAR Request:-

Reference No;-


Dear Sirs,



Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Regarding Penalty charges, hand written interventions recorded:-


Pease note that I require disclosure of any personal Data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence.

Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

Enclosed is the statutory maximum fee of £10. You have 40 calendar days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.


Yours Faithfully,

[Diana M]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

*Update* I ended up witholding any response. This is my own fault, it had worked thus far and I can live with that.

I received a County Court Claim form yesterday.

I still haven't sent CCA, as stated above, how do I respond? You're not wasting your time answering this, I WILL respond.

No worries

In an ideal world you would have done things to prevent a claim. Those same steps may well be the same things you can do after you've received a claim which could prevent them from getting a CCJ against you.

Think positive.

At the beginning of this thread there is reference to a loan and an overdraft on a current account.

So what is the Claimant claiming - an amalgamation of the two?

Di