Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITORS"

[Amethyst]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Hmmmm okay. So just my random thoughts here really.... I think your case is weakened a little that they did change it back to a student account and it wasn't specifically the change to a graduate account that caused the problems, so you are probably right in thinking of settling to avoid any possibility of a CCJ. Did you try going back on a midway point - so 65%-70% ? The cashflow situation will be temporary, but a CCJ would bugger up the mortgage for 6 years.

Only thing I can think of is if the transaction lists do show that the change to Graduate has quite a clear change in your situation with regards charges and interest... and their not amending those amounts when they agreed to change back to Student account, could be argued as unfair, but is likely only to get the amount of those charges & interest removed from the total - risking a CCJ for the rest ( although you could still pay it off within 28 days from judgment of course to avoid the credit file impact )

Or you could, if you wanted to fight on principle might be worth speaking with a solicitors firm about unfair charges, but as it's a small claim it's unlikely they'd help on a CFA ( no win no fee arrangement ).


On the Rob Way Loan issue - did you send a standard CCA request with your £1 ? If so they can bog off with their 'internet template' responses. However if you sent any weirdness asking for tripartate novation deed rubbishes then I'd agree with them, and say just send a standard CCA request. How much is the Loan debt approx?

[Amethyst]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Thanks mate. With this one...i do think i have a leg to stand on here but i dont really want the hassle of court so wanted to make a settlement. i offered 40% and the best they say they can go to is 90% or 190 a month. I have until Mon 4th to reply.

I assume at that point they issue court proceedings. Is there still time for them to offer me less like 50%?

My other battle with Robinson Way http://legalbeagles.info/forums/show...245#post748245 is one that i do want to contest. Its the one that is a flexiloan but they keep calling an overdraft for some reason.

Ahh crossed posts. I'll check the HSBC flexi loan thread out in a bit. On this one there is still time to negotiate settlement but I think meeting in the middle is more likely to get this cracked.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

I will try and go back to them at 65-70% for this one then and see what they say.

[Diana M]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

I have until Monday 4th September to speak to these guys. I offered them 40% of the balance (to clear in full) today and the best they go to is 90%. Any reason for her stance in playing that hard?

My other alternative is to pay £190 a month. I also feel that is a LOT of money. I didnt expect Restons to stance to be like this? Any advice? Should i try and negotiate again? I really didnt expect them to be this difficult if i wanted to settle it before court.

You've not received a claim yet have you?

I also can't see that you've received a Letter Before Action/Claim either.

What did Restons say would happen to you if you don't settle by Monday 4th September? Does any correspondence say that legal proceedings will be issued without further notice to you or has all this been on the phone when you are understandably feeling under pressure?

How much are they chasing you for? If it's under £10k then if you fie a Defence (if/when you get a claim) you should then get the opportunity to settle the dispute with free telephone Mediation offered by the court service (if Restons are willing to co-operate too). The outcome would be a legally binding agreement but not a CCJ which could affect your credit rating.

Restons can be 'forthright' in their dealings with perceived debtors, if you're feeling bamboozled then don't talk to them on the phone.

I have to admit I haven't read everything on your thread yet, but if you want to negotiate perhaps it's better doing that from a position of strength i.e. after you file a strong Defence and that would only be after you've received a claim in the first place.

However if you've decided to settle now then that's your choice if you feel comfortable that you've explored all your other options and legal avenues.

Di

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

You've not received a claim yet have you?
Not yet, but talking to Amethyst a few weeks ago, it sounded like that would come next after the current letter.

I also can't see that you've received a Letter Before Action/Claim either.

I've attached the letter that i have received

What did Restons say would happen to you if you don't settle by Monday 4th September? Does any correspondence say that legal proceedings will be issued without further notice to you or has all this been on the phone when you are understandably feeling under pressure?

-The letter states failure to contact us by Mon 4th September 2017, could result in further action, which may include thie issue of a County Court Claim for the full balance....
-In fairness, this isn't clear what will happen if I do not come to an agreement with them before action.

How much are they chasing you for? If it's under £10k then if you fie a Defence (if/when you get a claim) you should then get the opportunity to settle the dispute with free telephone Mediation offered by the court service (if Restons are willing to co-operate too). The outcome would be a legally binding agreement but not a CCJ which could affect your credit rating.
-The debt is for £2153.25.
-I offered 40% they said they wouldnt accept less than 90%. Their monthly repayment offer of 190 a month isnt appearling either. Im trying to get a house soon so want to avoid the CCJ.

Restons can be 'forthright' in their dealings with perceived debtors, if you're feeling bamboozled then don't talk to them on the phone.

I have to admit I haven't read everything on your thread yet, but if you want to negotiate perhaps it's better doing that from a position of strength i.e. after you file a strong Defence and that would only be after you've received a claim in the first place.
-Thanks for this advice. I was under the impression that there would be less chance to have an out of court settlement offer accepted if it got to this point. Is that an incorrect assumption?

However if you've decided to settle now then that's your choice if you feel comfortable that you've explored all your other options and legal avenues.
I would just like to pay whatever the smallest amount possible is, whilst avoiding a CCJ so as not to mess up with my chances of getting on the housing ladder this year.
Di

Thanks for your help again Diane.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Forgot to attach their letter. Here it is.

[warwick65]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Obviously it is impossible to predict what will happen but I personally have had more of those types of letters than I care to mention. Lots of could go for a ccj hell and damnation. To date I have only received two letters before action. One got rid easily and the other in the middle so don't assume anything can or will happen.

If I ever do get a claim I will see what happens and take it one step at a time

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Cheers Warwick. Good to know.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Hello again beagles - Particularly [MENTION=87380]Diana M[/MENTION] and [MENTION=6]Amethyst[/MENTION] who have helped me previously.

Bit of an advance in this one so any help would be appreciated. I believe this one is NOT statute barred and therefore I decided to make them an offer of 40% of the overall balance to settle the account. They rejected this. I have since then sent them an offer of 65% of the balance to settle the account. I received the letter today stating that they reject this offer too. Im fairly sure i've received settlement offers such as 50% off in the past so I'm surprised Restons Solictors have rejected this.

Any advice about what to do next?
Should I up my offer from 65% to say 75%?
Is there any reason they are now playing hardball so much?


Any advice would be appreciated about what to do next.

Thanks guys.

I have attached their reply.

[warwick65]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Hi Lee

I don't personally like Restons and suspect they will think they are someone they can squeeze.

I know it's too late now but I always think a very low offer is best as a starting point.

Have you assessed if it is possibly defendable?

Let me have a read back.

Personally I would only ever settle if either I had to or if it made total financial sense.

[warwick65]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

I can't quite work this out. Is it all an overdraft or is it part OD part something else.

How did you phrase your offers? You were so close to SB but I know you wanted rid.

If you do get a claim you can always settle on a tomlin order which doesn't show as a ccj and it might well be worth taking legal advice first to see what your chances are. I know firms often do free initial advice.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

Hi Warwick. Well, I did originally offer them 35%. I have since gone up to 65% which I was really surprised they rejected. Particularly when Im sure ive had offers of 50% in the past. [MENTION=6]Amethyst[/MENTION] advised going back to them with 65%.

The problem with this one is that I made a token payment of £1 about 5 years and 9 months ago so it is not statute barred.

I am going for a mortgage soon so the last thing i wanted was a CCJ popping up. Althought I dont intend to defend this one, I have another couple of debts relating to HSBC that i would defend as there havent been payments in the last 6 years such as this:
http://legalbeagles.info/forums/show...d=1#post752129

Just wondering what my next move should be at this point.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

I can't quite work this out. Is it all an overdraft or is it part OD part something else.

How did you phrase your offers? You were so close to SB but I know you wanted rid.

If you do get a claim you can always settle on a tomlin order which doesn't show as a ccj and it might well be worth taking legal advice first to see what your chances are. I know firms often do free initial advice.

Sorry Warwick, just seen you wrote this as well. As far as I know this is just an overdraft facility to the best of my knowledge.

I called them and spoke to a pushy woman who insisted on 90% payment which i refused. i offered them 35% over the phone.

I then decided to just deal with them via letter and offered them 65% to clear the balance. I basically worded it that i believe i can defend this in court if ii need to but as i dont want the hassle particularly, i can offer them 65%. They rejected and asked for an offer per month.

I intend to defend my other HSBC debts but as i knew this one was not statute barred and i was worried it would hamper my mortgage application (if i got a ccj), i thought id try to offer payment.

I actually dont know a great deal about Tomlin Orders. I assumed with it not being statute barred, that i didnt have a great case.

[warwick65]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

There are often very many ways to defend a claim that do not include statute barred , of course some claims can not be defended and in those cases either a settlement or some arrangement can often be arranged.

If a claim is issued in the small claim track , part of the process is mediation where arrangements can be made to repay over time. As long as you keep to these arrangements there is no ccj.

I can understand you wanting rid but it does seem like a lot of money to pay if you don't have to. A solicitor of any integrity would tell you if they had a chance of success although there is always the judge to contend with.

- - - Updated - - -

sadly , I think, as you wrote to them making an offer , your chances of it going SB in a couple of months are now 0.

[leehardy83]

Re: Urgent help needed please -"NOTIFICATION OF ACCOUNT TRANSFER TO RESTONS SOLICITOR

¶

There are often very many ways to defend a claim that do not include statute barred , of course some claims can not be defended and in those cases either a settlement or some arrangement can often be arranged.

If a claim is issued in the small claim track , part of the process is mediation where arrangements can be made to repay over time. As long as you keep to these arrangements there is no ccj.

I can understand you wanting rid but it does seem like a lot of money to pay if you don't have to. A solicitor of any integrity would tell you if they had a chance of success although there is always the judge to contend with.

- - - Updated - - -

sadly , I think, as you wrote to them making an offer , your chances of it going SB in a couple of months are now 0.

I spoke previously on here with Amethyst who advised, if i had the money, to make them an offer of 40 or 50%. This is because we had looked into this particular debt and can see that there is proof of payment within the last 6 years (a token 1 pound payment 5 years and 10 months ago...dammit!).

For this reason, as we assumed they therefore can prove I owe the debt, that the best thing was to make an offer such as 40 or 50% to avoid a CCJ. I want to avoid that at all costs due to applying for a mortgage soon.
[MENTION=6]Amethyst[/MENTION] and [MENTION=98117]warwick65[/MENTION]...They expect to receive a reply by this Thursday (28th).
•What is my best move now? They did say they'd accept 90% over the phone. I didnt deal with them over the phone again due to the womans pushy nature.
•They have rejected 40% and 65% offers via letter.
•They want me to make an offer of monthly payments.

Please let me know what you guys think is my best bet next with this debt.

Thanks for your help as always guys!