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

[warwick65]

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

I am sorry I really can't comment further or add anything to what I have already said apart from, a payment does not prove you owe the debt whatever Restons may want you to think.

[MIKE770]

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

I am sorry I really can't comment further or add anything to what I have already said apart from, a payment does not prove you owe the debt whatever Restons may want you to think.

agreed - no more time wasting

[Diana M]

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

I spoke previously on here with Amethyst who advised, if i had the money, to make them an offer of 40 or 50%.

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.
@Amethyst and @warwick65...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.

Were your offers headed "Without Prejudice" ?

A phone call can be WP if you state that upfront. Restons calls are recorded.

Di

[leehardy83]

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

I am sorry I really can't comment further or add anything to what I have already said apart from, a payment does not prove you owe the debt whatever Restons may want you to think.

Apologies, I was advised by somebody on here that my payment 6 years ago does constitute me owing the debt and therefore that is why I contacted them in the first place to offer payment.

- - - Updated - - -

Were your offers headed "Without Prejudice" ?

A phone call can be WP if you state that upfront. Restons calls are recorded.

Di

Hi Diana. Yes, my written offer was titled without prejudice.

[leehardy83]

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

Apologies, I was advised by somebody on here that my payment 6 years ago does constitute me owing the debt and therefore that is why I contacted them in the first place to offer payment.

- - - Updated - - -

Hi @Diana M. Yes, my written offer was titled without prejudice.

Hi Diana. So i'm drafting my reply to restons. Sorry to ask, but trying to send it before 28/09.

•If i have already made them an offer, is there no point me asking for the correct documentation as ive alredy admitted the debt by making an offer? (i did put without prejudice in the letters though)
•What documents do they need to provide with this being an old overdraft?

Thanks for any help!

[warwick65]

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

Hi
I am sure [MENTION=87380]Diana M[/MENTION] will come and confirm if I am correct or not but as no claim has been issued , you have not legally admitted to liability at all.

[leehardy83]

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

Thank you again [MENTION=813]Warwick[/MENTION]. Just trying to decide exactly what to write in this next reply to restons so this helps.

There was a payment my SAR brought up on this debt 5 years and 9 months ago if Diana needs to know this.

[warwick65]

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

From an earlier post it was 3/11/2011 so by my reckoning and assuming all your letters and calls were without prejudice and no claim has been issued the debt will be SB in 1 month and 1 week.

It is still worth getting the documents as a) it may slow them down and b ) if a claim is issued it could be the way to either challenge it or at least be in a stronger position to negotiate.

[leehardy83]

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

[MENTION=6]Amethyst[/MENTION] felt that if i was in a position that i should offer settlement to prevent a risk of a CCJ when im trying to buy my first house this yaer.

•I have only sent one letter to restons and it was without prejudice
•i have to say i dont think i used the words in the one and only call I had with them.

•It is an old student overdraft. I dont feel like i've ever really seen the documentation for the alleged debt.
When I send CCA requests (to the previous DCA) - they just say they dont have to comply as its an overdraft

•Could you tell me what documents they are supposed to show to me if its an overdraft so that I can ask them to produce these in the letter im writing?

Thanks [MENTION=98117]warwick65[/MENTION]

[warwick65]

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

Hi
We all have our own ways of dealing with debts and our own views on what should be done. Needless to say I disagree with Amethyst on this one because, just because it was coming up to SB doesn't mean they were going to issue a claim AND during the mediation process you would have the opportunity to set up an affordable payment plan and avoid a CCJ. In fact it is such an interesting topic amethyst set up a thread about it called Tomlin order
http://legalbeagles.info/forums/show...-credit-claims

I have to say you do need to be careful about a Tomlin order though as Di explained in the second post

I am afraid i am not knowledgeable about overdrafts in-spite of owing money on three all of which are approaching SB

There are some regulatory notices they should have sent you but I'm not sure. here is something I sent out a few years ago and it did seem to park the accounts

Dear Sirs,
Reference: 123456789
Under the provisions of The Consumer Credit (EU Directive) Regulations 2010 and also c.39 (s.74 (A&B) (VA)) CCA(1974) I wish to formally request a copy of the original overdraft agreement and relevant paperwork that you should be sending me annually, for the above numbered bank account with [enter bank name here].
As I held what can only be regarded as an 'Agreed Overdraft', which has now reverted to an 'Unauthorised Overdraft' then the lending becomes regulated in line with c.39 Part VA (s.74) (s.1(b)) CCA1974 meaning the normal rules and CCA(1974) protection applies to this account.
You should be sending an annual reminder to me regards the overdraft, as well as copies of the original agreement made and an annual renewal form that contains the relevant prescribed terms that are clearly outlined in s.74(A)2(a,b,c,d,e). I highlight this provision for your perusal;
s.74A(2) The current account agreement must include the following information at the time it is made:
(a) the rate of interest charged on the amount by which an account-holder overdraws on the current account or exceeds the pre-arranged overdraft limit,
(b) any conditions applicable to that rate,
(c) any reference rate on which that rate is based,
(d) information on any changes to the rate of interest (including the periods that the rate applies and any conditions or procedure applicable to changing that rate), and
(e) any other charges payable by the debtor under the agreement (and the conditions under which those charges may be varied).
You should also be paying attention to s.74(B)(2) which reads, I quote;
s.74B(2) The matters referred to in subsection (1) are:
(a) the fact that the current account is overdrawn or the overdraft limit has been exceeded,
(b) the amount of that overdraft or excess,
(c) the rate of interest charged on it, and
(d) any other charges payable by the debtor in relation to it (including any penalties and any interest on those charges).
Therefore in line with the above, please could you send me what you should have been doing annually and have not been, to allow me to take whatever action I deem appropriate?
I trust that I have set out the position clearly and I await your response with the requested information.
Yours faithfully,

I think in your case the fact the bank upgraded you to a PG account as opposed to a student account may be relevant and you should ask for copies of the original and upgraded account.

I would however adjust the letter so that it reads more along the lines of ..if I had held an overdraft it would have been agreed and no an unauthorised
In other words removing acknowledgement of the debt

I am not suggesting it works just that it has kept them off my back for some years
It is not my own work and I must thank the author from another forum, he knows who he is.

[leehardy83]

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

Hi
We all have our own ways of dealing with debts and our own views on what should be done. Needless to say I disagree with Amethyst on this one because, just because it was coming up to SB doesn't mean they were going to issue a claim AND during the mediation process you would have the opportunity to set up an affordable payment plan and avoid a CCJ. In fact it is such an interesting topic amethyst set up a thread about it called Tomlin order
http://legalbeagles.info/forums/show...-credit-claims

I have to say you do need to be careful about a Tomlin order though as Di explained in the second post

I am afraid i am not knowledgeable about overdrafts in-spite of owing money on three all of which are approaching SB

There are some regulatory notices they should have sent you but I'm not sure. here is something I sent out a few years ago and it did seem to park the accounts



I think in your case the fact the bank upgraded you to a PG account as opposed to a student account may be relevant and you should ask for copies of the original and upgraded account.

I would however adjust the letter so that it reads more along the lines of ..if I had held an overdraft it would have been agreed and no an unauthorised
In other words removing acknowledgement of the debt

I am not suggesting it works just that it has kept them off my back for some years
It is not my own work and I must thank the author from another forum, he knows who he is.

Wow, Thanks Warwick. I will hopefully finish drafting them a letter today. They seem to indicate in the last letter they expect a reply by tomorrow to avoid possible further legal action. Definitely going to use some of the your letter! Thanks!

[leehardy83]

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

Wow, Thanks Warwick. I will hopefully finish drafting them a letter today. They seem to indicate in the last letter they expect a reply by tomorrow to avoid possible further legal action. Definitely going to use some of the your letter! Thanks!

A lot of your letter, I assume is directly to the bank itself? Bearing in mind I am dealing with Restons, can i still word it similar to your letter? [MENTION=98117]warwick65[/MENTION]

[warwick65]

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

Hi Lee
I sent it to DCAs and others, as I said wording might need tweeting but not much. Once a debt is assigned the new owners inherit the rights duties and responsibilities so if the bank should have been sending you statements so should the creditor. You could use your client instead of you.