Letter of claim from Restons

[Billybudd]

I've recently got a ' letter of claim' letter from Restons solicitors on 5th of Jan with a financial statement form to complete. Current debt for Halifax Credit card of £5000 taken out in oct 2003 and terminated Aug 2012.

I'm in some financial difficulty at present and can just about make ends meet . I intend to fill in the form and hope they accept a reasonable affordable payment plan.

-But Ive read some worrying accounts on MSE and CAG that they really aren't interested in payment plans and push for court-CCJs and then charging orders.

- they also clearly state in their blurb that if I should request a copy of actual credit agreement it does not have to be a signed copy of original . It can be a reconstituted copy or template.

Getting a bit worried... don't know whether to try to sort out a payment plan, or let it get to court to get a reasonable repayment plan.

[Diana M]

I've recently got a ' letter of claim' letter from Restons solicitors on 5th of Jan with a financial statement form to complete. Current debt for Halifax Credit card of £5000 taken out in oct 2003 and terminated Aug 2012.

I'm in some financial difficulty at present and can just about make ends meet . I intend to fill in the form and hope they accept a reasonable affordable payment plan.

. . . . they also clearly state in their blurb that if I should request a copy of actual credit agreement it does not have to be a signed copy of original . It can be a reconstituted copy or template.

Getting a bit worried... don't know whether to try to sort out a payment plan, or let it get to court to get a reasonable repayment plan.

You have 30 days to reply to that Letter Before Claim so no need to make a hasty decision yet.

The LBC can feel intimidating with a 'game over' signal being sent. Nowhere does it say you can (and should) get legal advice even though you are being threatened with court proceedings.

In contrast there's plenty of information on how to pay the debt and what could happen to you once a CCJ is obtained with no mention of your right to defend any claim.

I suggest you take them up on their indirect offer to provide you with a copy of the credit agreement for this 2003 Halifax credit card. Send them a s 77-79 CCA Request with a postal order for £1 for the statutory fee.

There's a template here which you can use > https://legalbeagles.info/library/gu...etter-example/

Who currently owns this debt being chased by Restons solicitors? Is it Arrow, Cabot or another debt purchaser?

I would also send a Subject Access Request to the original creditor (assuming it's been assigned) so that you get the full history of the account in readiness for any court claim, but that shouldn't even begin until or unless they comply with your CCA Request.

Even if the current owner accepts any offer you make that won't prevent them taking you to court, so it may be wise to explore all your options first.

Di

[Billybudd]

Thanks for your help Di - I have sent them a CCA request. The Debt that is being chased is owned currently by Cabot. Is it still worth sending the income/ expenditure form and statement? Thanks again.

[Diana M]

Thanks for your help Di - I have sent them a CCA request. The Debt that is being chased is owned currently by Cabot. Is it still worth sending the income/ expenditure form and statement? Thanks again.

My suggestion is to send Restons the reply to their Letter Before Claim to arrive before the 30 days expire.

If you tick Box D this refers you to Section 4 where you can list the documents you want them to produce in Box I.

You’ve no need to complete and return the Income & Expenditure section unless you want to admit the debt and pay at this stage.

I would also attach a copy of your s77-79 CCA Request so the person reading your response is aware it’s been sent.

Di

[Billybudd]

OK thanks Di, I have now done this. I'll be back soon with an update, thanks again for your help.

[Diana M]

OK thanks Di, I have now done this. I'll be back soon with an update, thanks again for your help.

You're welcome.

Di

[Billybudd]

Hello again and HELP!
With regard to my Restons/Cabot MCOL case... I followed the procedures set out above and sent out CCA requests etc... prepared by defence and uploaded to MCOL within time. Several months later Restons have sent some dodgy photocopies of the credit agreement, latest terms and conditions and pages of printed statements (not copies of proper statements I used to get). I am not sure what to do now? is it time to get some proper paid instructions from a solicitor? no further action so far has been noted since my defence on the MCOL site.

[MIKE770]

jaguar1954

[Billybudd]

Can anyone help? Di?

[Amethyst]

Hello again and HELP!
With regard to my Restons/Cabot MCOL case... I followed the procedures set out above and sent out CCA requests etc... prepared by defence and uploaded to MCOL within time. Several months later Restons have sent some dodgy photocopies of the credit agreement, latest terms and conditions and pages of printed statements (not copies of proper statements I used to get). I am not sure what to do now? is it time to get some proper paid instructions from a solicitor? no further action so far has been noted since my defence on the MCOL site.

Have you received an application from them to lift the stay at the court and request summary judgment ?