Letter of Claim - Restons Solicitors Debt Claim. Inaccurate & against contract.

[Serpream]

Hello, I apologise as this is my first time here.

Yesterday I received a letter from Restons Solicitors about a extremely old debt from Halifax dating back to 2011.

Now what I remember, this was a agreement between myself and Halifax over a student overdraft, who themselves had terminated a year early despite me still being in college on a 3 year course.
The branch manager at the time agreed it was their mistake and we came to the agreement I would be allowed to open another account elsewhere (I chose Lloyds who I am still with to this day) and pay £5 a month, which after 6 years would be terminated, even if the repayment was not in full.
All original documentation was kept in local branch and I heard nothing until yesterday of said debt as I continued to pay the £5 each month.

Suddenly I get a full package of inaccurate (and frankly manipulated documents) from a Restons Solicitors demanding full payment of £676.20 by 20th November.
They provided a bland breakdown of payments, supposedly from myself (with no evidence) on inaccurate dates and for a inaccurate period.
They claim I paid between 02/12/2013 to 24/10/2018, however I have spent the morning getting bank statements (as far as I could) to November 2011. This clearly shows since original agreement, and account closure of their date 27th July 2011 (Need to check with branch this week) and NOT from 02/12/2013 as their claim demands.

Furthermore, the direct debit was never ended by myself. I had not been aware at all until these letters yesterday. Surely it can be argued that by Halifax ending the Direct Debit (more than likely when debt was sold despite original agreement) that this constitutes a completion of contract. Seems unnatural they would do such actions to then benefit debtors.

From what I can see they are immediately out by £150, have randomly made up every repayment date on this so called statement, out by 2 years prior, 2 years during, and from what I can see the Direct Debit from Halifax was ended by themselves on October 2015.

I was, and never have been contacted by Halifax via any calls, emails or letters despite parents still living at same address. I assumed them cancelling Direct Debit (even though i was totally unaware of until yesterday) was a acknowledgment of the timed period originally agreed upon.

I am happy to provide any document required for those able to help. I just feel there absolute inaccuracy, heavy handed language and actions, followed by my immediate ability to show inaccuracies in more inline with a marketing spam call than anything. Everything they have provided could easily be googled or market researched and no meat is given to any claim. I will update as soon as I arrange a meeting with branch manager to acquire agreement if possible.

Thank You for your time as I do have serious medical issues and ongoing testing. Thankfully I woke up in a state to write this.

[Amethyst]

Hiya, Welcome to the forum Try not to let this take everything over, you will be able to deal with it.

Have you taken pictures of what Restons have sent you ? Would you be able to either redact and post them here or email to me admin@legalbeagles.info - I think that's probably quickest way to get to grips with your case.

Presumably Restons are threatening court action ? - have they sent a letter of claim with a reply pack ? Or is that what you replied to and resulted in this pack of document s?

Now what I remember, this was a agreement between myself and Halifax over a student overdraft, who themselves had terminated a year early despite me still being in college on a 3 year course.
The branch manager at the time agreed it was their mistake and we came to the agreement I would be allowed to open another account elsewhere (I chose Lloyds who I am still with to this day) and pay £5 a month, which after 6 years would be terminated, even if the repayment was not in full.
All original documentation was kept in local branch and I heard nothing until yesterday of said debt as I continued to pay the £5 each month.

Send a Subject Access Request to Halifax asking for all this stuff - there's a basic letter example Subject Access Request Letterbut Halifax likely have an online request form for this. You want all transaction lists, agreements, screen notes, call recordings etc related to that old student account.

I assumed them cancelling Direct Debit (even though i was totally unaware of until yesterday) was a acknowledgment of the timed period originally agreed upon.

That seems it would be a perfectly reasonable assumption.

[Amethyst]

Hiya, I've received the documents on email.

Do you remember the balance when the account was closed ? Was it more like £950 ?

You've sent the SAR to Halifax.

Need to ask for previous statements ( prior to 2013), default/termination notice, agreement and terms of the account in the reply to the letter of action.



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The list of payments they have included does add up. They have started from Dec 13 ( as they were only assigned the debt in Nov 13 ) so that seems a reasonable thing to do …. and the balance they were assigned was the £800 and then payments between Dec 13 and Oct 15 which do add up correctly to the balance they are claiming of £670 odd. Payment dates are monthly - they are likely to be a few days out from when the payment is made - as the DD was collected by Halifax and then forwarded to Marlin.

So what you need to check is what the balance was at the time you made the agreement with Halifax ( which should show up in the SAR ) and the payments made before the assignment in Nov 13. I think those payments were about £150 so the balance of debt when Halifax closed the account was about £950 ?

This is the important part really

The branch manager at the time agreed it was their mistake and we came to the agreement I would be allowed to open another account elsewhere (I chose Lloyds who I am still with to this day) and pay £5 a month, which after 6 years would be terminated, even if the repayment was not in full.

All original documentation was kept in local branch and I heard nothing until yesterday of said debt as I continued to pay the £5 each month.

The account was closed and recalled in error, admittedly so by the bank, and they came to an arrangement with you to repay. They'd said 6 years at £5 a month then written off regardless - which would only be £360- so that really doesn't sound right and it will be good to see what the documents held with the bank say. May be the manager was just trying to fob you off and knew if wouldn't show up for another 6 years... who knows. It can be plead in the defence of course.

So SAR is in to Halifax.

Next step to reply to the letter before claim.

Marlin don't have their own consumer credit licence and rely on being part of the cabot group. Just as an aside for the moment but there's an appeal going on in court so it might be a useful bit of info to include in the defence later.

[Serpream]

Closed as in amount? Will confirm once Halifax respond. £801.20 sound correct as I had to pay for College tools before they retracted the Student Overdraft early. The sticky note shows what I can prove off my Lloyds bank statements pushing owed to £546.20, NOT the £676.20 they demand.
Guessing it is best to get Halifax to confirm before I start shooting randomly at them.

Sadly I have been too ill today to hand the SAR to Halifax but have checked they are open tomorrow and will force myself to get it done. Any inclussion you recommend on the letter?

Finally when you say reply to "letter before claim", do you mean for me to write a letter to explain my current process of SAR with Halifax, or fill the Financial statement before the requested due date.

I believe the 6 years was given as a standard default time frame of account. Again will update once I know more as will sit tomorrow with manager to hopefully check account can even be accessed first.

Furthermore I am already tied into 2 tribunals for ESA and PIP due to appealing decisions. As my family would say "good luck to them bleeding a stone".

Would it be wise to call them to enquire or best all done via letters?

[Amethyst]

Yes get the SAR in with Halifax - you want everything related to the closure of that account, the amount at closure, any agreements with the bank manager, and payments made since. If you can discuss with the manager it would of course be helpful if they are able to clarify why the DD was stopped in 2015 as seems to be the case.

The Letter of Claim you want to respond to is the one Restons sent you with the IE sheet. There should be a reply sheet as well as the IE sheet and the sheets detailing about the account and how to pay them.... something looking like this https://legalbeagles.info/forums/fil...tch?id=1181945 ?

[Serpream]

Yes get the SAR in with Halifax - you want everything related to the closure of that account, the amount at closure, any agreements with the bank manager, and payments made since. If you can discuss with the manager it would of course be helpful if they are able to clarify why the DD was stopped in 2015 as seems to be the case.

The Letter of Claim you want to respond to is the one Restons sent you with the IE sheet. There should be a reply sheet as well as the IE sheet and the sheets detailing about the account and how to pay them.... something looking like this https://legalbeagles.info/forums/fil...tch?id=1181945 ?

Ahh yes just found it at back of Finance form. 4 pages. I take it I tick B and put what I have worked out I owe? Then fill in rest explaining I am requesting SAR, but also use BOX I to request what information they can provide me?

Again truly thank you for help. My mind does not work in straight lines at best of times. Thankfully already got CA involved with ESA/PIP so do not want to involve them with this. In all honesty, when I win back my ESA/PIP I would be able to pay this debt in full and be done with it, IF they show me clearly how and what is owed correctly.

Will get both forms done tomorrow as luckily the only post office is next to Halifax for proof of postage.

[Amethyst]

I wouldn't tick B, no. At the moment you don't actually know what is owed and they have provided very minimal information. Additionally you have the agreement made with the bank that the debt would be extinguished after 6 years of payments.

Now, you do have 30 days to reply to the letter so I would first see what you can find out from Halifax.

Then it's more likely you would tick C - I don't know whether I owe the debt ( because that's the truth) - and then complete section I - I require more documents or information and request the default and termination notice, notice of assignment, original agreement and terms of the account, transaction details between default/termination and assignment to show how the account came to be the amount they have stated it was in Nov 2013.

But first see what Halifax can tell you. You need the closing balance first so you can work out the figures to satisfy yourself - before deciding if you want to simply make an offer to keep paying your £5 a month - or defend the whole thing. I'd guess the termination/default balance was £950 odd.

[Serpream]

Hello again.
I have received a response for Restons Solicitors today, if you can even call it that? Seems more a phishing attempt for me to provide details they are lacking...

Please see reply to previous Admin email.

In response to their points on letter:
1) All information for Pre-Action Protocol provided? I could find more information off a simple google search and credit check.
They state I would of had statements, um... Their own paperwork clearly shows the account was closed, therefore so was my access and any ability to login/update. Additionally I never had any paper statements, nor ended DD, which left me impossible to check status.
2) I should of received a notice of assignment when debt was sold? Nope never had one at all. Also they fail to supply one themselves. Will wait and see what Halifax can supply themselves on 3rd Dec.
"We do not understand why you now require copies of the above" Well because it is a legal requirement? Proof of not being a phishing scam? Proof of ownership of debt? Do these people even understand policy and procedure?

OH but they nicely put matter on hold till 17th Dec. Well good luck a) getting post, b)sending me post by new year c)Getting any further information until Halifax provide what they have on record as requested.

I have honestly seen better scam attempts from overseas phone calls. I am more than happy at this stage to turn up to court and use their own wording against them showing failure to comply on their own end.

Sorry for rant. Got incredibly damaging medical stuff to deal with as high priority, and Restons do not even make attempt to sound genuine, let alone competent.

[Serpream]

I received my Halifax Bundle today. over 400+ pages. Most seems pointless. I just want to make sure help is still being offered before I scan a few pages.
Honestly I am overwhelmed by the amount of abbreviated wording they use in paperwork.

[Amethyst]

Hiya xxx

I'll read back your thread see where you're at. The abbreviations should be provided in a list along with the SAR - if they aren't - ask them for them.

[Amethyst]

Well the response to the reply to pre-action letter sounds pretty standard for Restons - generally 'we don't have a clue but you should pay us anyway'. now you have the SAR you can check any dates they have given you. Particular concerning the account closure date, any default/termination notice, and any call/meeting records or logs with regards the account being closed incorrectly and the agreement to pay £5 a month for 6 years.

[Serpream]

It took a few hours between my medical, anxiety and just sheer confusion, but I think I finally found the evidence I require.

They State last transaction is 9.8.11
YET! Halifax show on 7.9.11 BCA1 (Automated Credit by Banking System, That also shows on my Lloyds Statement this is NOT my last payment)

Then on the 9.9.11 (2 Days after) they apply a REP4 (Closure of a Current account with a debit Balance) applying 'Nill' to account. Restons Solicitors state account was closed on 27th July 2011, when I was still paying as originally agreed.

This left a £916.20 debt that was wiped to 'Nill' by Halifax. There are NO RECORDS past this date from Halifax. No tracking,statements or anything.

Halifax on 13/11/2013 deemed my account a write off. I was still paying as easily shown on Lloyds statements up to Sept 2015.

Debt was only sold on 03/01/2014 NOT 20/11/2013 as Restons/Cabot state.

Something then called a SLE (they fail to define what it means in any form in bundle) on the 14/03/2017. Worth noting the Direct Debit was canceled (on one of their ends) on Sept 2015.

Infact the entire page 3 of my PDF bundle confuses me greatly. Even on 14/03/2017 they type "Debt Sale Account?". They even confused on who owns the debt??

I will email my scans over in a nice bundled PDF. So confused and medical issues making thinking extremely hard to understand. Cannot afford to miss interpret.

Thanks Again.

[Amethyst]

Thanks, not got far through yet, just wondering if 'Project Shiraz' charges are those applied after a boozy lunch ? lol.

This does seem to be the relative bit though, which is different to your recollection I think? Any idea on OOW ?


x

[Serpream]

Thanks, not got far through yet, just wondering if 'Project Shiraz' charges are those applied after a boozy lunch ? lol.

This does seem to be the relative bit though, which is different to your recollection I think? Any idea on OOW ?


x

Honestly I overlooked that and have no clue. Sounds hilarious. Maybe I was in a government experiment and forgot, which might explain current health issues :P

[Amethyst]

Ahhh OOW - Out of Work

Are you able to check when you were a student - from and to ?