** DISCONTINUED ** Restons Solicitors.

[bongosong]

Re: Restons Solicitors.

Hi everyone,
Thank you for all you responses and advice. I have been in hospital for last couple of weeks but all okay now. With regards to my dealings with Restons I now have logged my defence on time and had a response from the court. They said I would get a response from Restons which I now have.
They are stating that Northern Rock would have supplied the relevant paperwork during the lifetime of the account and once I defaulted on the agreement that they would have issued the termination of the credit agreement. They also point out that NR were entitled to transfer their rights and benefits to a third party ( Namely Marlin Capital). They go on to say that around the time of the assignment I should have received a letter from NR stating they had transferred the agreement and also I should have had a letter from Marlin giving me notice of assignment. They note from my defence that I never received either of these letters but in their opinion that does not mean they weren't sent.
In light of the above they suggest that I check my own personal records as the documentation I have requested has previously been provided throughout the lifetime of my account.
With regards to my CPR31.14 requests they say they have reviewed their files and say that their response and explanation of why the documents were not provided to me was correct. There response was as follows
" CPR 31.14 states A party may inspect a document mentioned in
a. a statement of case
b. a witness statement
c. a witness summary
d. an affidavil
They state I was provided with a copy of the T&Cs at the time the account was opened and they see no reason why I now need another copy."

Finally they say they are aware that I have made a request pursuant under the CCA 1974. They are awaiting confirmation that the Claimant has complied with my request. In any event, they point out that even if a valid request has been made, non compliance with such requests only renders the account unenforceable until such time that the request has been complied with. It does not mean the Claimant is unable to recover the debt indefinitely. They await my response.
So with all that said I am wondering what I should do next. I understand that they have 28 days to come up with the paperwork I have asked for or it will be Stayed by the judge. Any suggestions or ideas would be great help. Do I need to contact Restons or just wait.

Many thanks again.

Bongosong

[warwick65]

Re: Restons Solicitors.

Hi
As I said before
Typical Restons- I have a name i would like to call them but the forum filters would block it out .

I am not sure if you said, but how much is the claim for- approx

[bongosong]

Re: Restons Solicitors.

Hi Warwick, I get the picture. approx. 9k
I am wondering what I should do next.

[bongosong]

Re: Restons Solicitors.

Hi, sorry been in hospital and thought I needed to reply to you. It was an unsecured loan. Never had a mortgage with NR. The loan was 20k and the claim is approx. 9k. She had verbally agreed to make payments but I never heard anything from NR as I moved house. We are not in contact and have not been for 5 years or more.

[bongosong]

Re: Restons Solicitors.

Hello everyone. I have heard nothing from Restons since September 2017. Out of the blue they have now come up with the original agreement and the letter from NR informing me that my loan was being transferred to Marlin Capital as of 21 Oct 2013. I am a touch suspicious about the letter as I had moved from the old address in 2007 and didn't forward any new address to anyone. The letter is to my current address, if I had already had this letter I would remember it and filed it. They are also offering me a 50% settlement to clear the outstanding amount. I don't have that type of money. They also want to put together a Tomlin Order. I have read up on these and am uncertain of what to do to proceed. Any help would be appreciated. Bongosong

[bongosong]

Restons Solicitors. Tomlin Order.

Hello everyone. Following a run in with Restons solicitors I had successfully kept them at arms length with advice from great people on Legal beagles. They had failed to produce certain docs that I had requested and the court had been informed as to the current state of play. Restons are a nasty piece of work and it took a lot of sorting out. As with these things its possibly only a matter of time before they pick up the ball again and start running. So, I have heard nothing from Restons since September 2017. Out of the blue they have now come up with the original agreement and the letter from NR informing me that my loan was being transferred to Marlin Capital as of 21 Oct 2013. I am a touch suspicious about the letter as I had moved from the old address in 2007 and didn't forward any new address to anyone. The letter is to my current address, if I had already had this letter I would remember it and filed it. They are also offering me a 50% settlement to clear the outstanding amount. I don't have that type of money. They also want to put together a Tomlin Order. I have read up on these and am uncertain of what to do to proceed. Any help would be appreciated. Bongosong

[Kati]

Re: Restons Solicitors.

[MENTION=98117]warwick65[/MENTION] [MENTION=87380]Diana M[/MENTION] ??

[warwick65]

Re: Restons Solicitors.

Hi
It does sound a bit odd to me as well but I really do not want to offer an opinion, it is after all a lot of money.

It might , or it might not, be best to come to some arrangement but I do think you need to get some professional advice first so you can assess your position. There is no harm in emailing di@joannaconnollysolicitors.co.uk (that is [MENTION=87380]Diana M[/MENTION] s email address and she works for [MENTION=7765]Joanna C[/MENTION] ) - if you need more details click on the link that is their names and it will tell you.

I know their initial advice is free so no harm done and it might put you in a stronger position

[Diana M]

Re: Restons Solicitors. Tomlin Order.

I have heard nothing from Restons since September 2017. Out of the blue they have now come up with the original agreement and the letter from NR informing me that my loan was being transferred to Marlin Capital as of 21 Oct 2013. I am a touch suspicious about the letter as I had moved from the old address in 2007 and didn't forward any new address to anyone. The letter is to my current address, if I had already had this letter I would remember it and filed it.

First of all the Notice of Assignment appears to be a 'reconstituted' document (so I'd be suspicious too) if it shows an address where you weren't living at the time they say it was sent.

Secondly you say they've produced the "original agreement" but is it? You need to run forensics over that document.

At the beginning of the thread you say your now ex-wife opened the account in your name, but do you know exactly how that happened such as online? If a scanned copy has been sent to you does it have your signature on it and if so did you sign it?

Are there any Ts & Cs with that document?

Does Restons letter invite you to withdraw your Defence or they will apply to lift the stay and go for a Summary Judgment application?

I've not read back through your thread in any detail but did you pleas Statute Barred in your Defence and could you tell me when the loan would have expired if it had run it's naturally length?

And finally (for now) did you have PPI on this loan?

Di

[bongosong]

Re: Restons Solicitors.

Hi
It does sound a bit odd to me as well but I really do not want to offer an opinion, it is after all a lot of money.

It might , or it might not, be best to come to some arrangement but I do think you need to get some professional advice first so you can assess your position. There is no harm in emailing di@joannaconnollysolicitors.co.uk (that is @Diana M s email address and she works for @Joanna C ) - if you need more details click on the link that is their names and it will tell you.

I know their initial advice is free so no harm done and it might put you in a stronger position

Thank Warwick. Do you have any advice on Tomlin Orders and there pro's and cons. Cheers Bongosong

[warwick65]

Re: Restons Solicitors.

Thank Warwick. Do you have any advice on Tomlin Orders and there pro's and cons. Cheers Bongosong

I think Diana M has posted lots of advice about Tomlin orders

Look on one of her posts on here where she quotes Joanna C http://legalbeagles.info/forums/show...t=Tomlin+order

Originally Posted by Joanna CAnyone receiving a Tomlin Order like this should be careful. It is a Tomlin Order drafted so as to fail. The old adage if it looks too good to be true it is too good to be true springs to mind...........

Problem 1

Para 2.3 states that the payments must be made by cleared funds For a long term TomlinOrder the OP would usually (and would be well advised to) set up a standing order to ensure that the payments are not missed.

Paragraph 2.4 states that "Where the last day falls upon a weekend payment is to be received as cleared funds by no later than the last working day preceding month end." If your standing order payment date falls on a Saturday, Sunday or bank holiday the bank delays payment until the next working day.

In this case the payment falls due on 31 December 2017 which is a Sunday. The bank will pay it to PRA Group (UK) Limited on Tuesday 2 January 2018. Under the terms of the Tomlin Orderthe payment must be made by Friday 29 December 2017. The OP is in breach by not making payment as required and the claimant is entitled under Paragraph 4 to enter Judgment for the full amount and proceed to enforcement.

Problem 2

Another potential problem is if the claimant changes the bank account to which payments should be made and you don't receive the letter sent notifying you. Payment would be returned and the OP would be in breach of the Tomlin Order and the claimant is entitled under Paragraph 4 of the Tomlin Order to enter Judgment for the full amount and proceed to enforcement.

Problem 3

A payment term of some 1,000 years at £1.00 a month or even say 2-3 years. The £1.00 is such a small amount it would be easy to not notice if for some reason it wasn't paid by your bank or if on if the OP were to change their bank account to set it up again..

Problem 4

Should an OP die then the Tomlin Order carry's on and the Estate would need to carry on paying the £1.00 a month or the full amount will become due and payable.

Suggestions

The solution to avoid the traps is to pay say at least 12 months payments in advance (£12.00) or even longer .

For anyone already signed up to this type of Tomlin Order with this wording don't worry. Put yourself ahead on payments or if you have already missed the payment day then If PRA should seek to obtain Judgment for the full amount because you paid on a Monday instead of a Friday as payments are ongoing the Unfair Relationship provisions under s.140 of the Consumer Credit Act 1974 are still applicable.

We recently had several cases where clients who had been paying by standing order PRA Group (UK) Limited through its agent Experto Credite had proceedings issued against them because they had "breached the agreement" when Experto Credite went into liquidation.


Experto Credite's bank account was closed due to the liquidation so payments could not be accepted. No letters had been received by the clients providing alternative payment details.

I have copied the post from the thread for you

[Diana M]

Re: Restons Solicitors.

Do you have any advice on Tomlin Orders and there pro's and cons.

Our posts have crossed where I have asked some questions

See post # 24

In the meantime here's what Jo recently said about some of the potential pitfalls with Tomlin Orders when another member was sent one to sign >

Anyone receiving a Tomlin Order like this should be careful. It is a Tomlin Order drafted so as to fail. The old adage if it looks too good to be true it is too good to be true springs to mind...........

Problem 1

Para 2.3 states that the payments must be made by cleared funds For a long term Tomlin Order the OP would usually (and would be well advised to) set up a standing order to ensure that the payments are not missed.

Paragraph 2.4 states that "Where the last day falls upon a weekend payment is to be received as cleared funds by no later than the last working day preceding month end." If your standing order payment date falls on a Saturday, Sunday or bank holiday the bank delays payment until the next working day.

In this case the payment falls due on 31 December 2017 which is a Sunday. The bank will pay it to PRA Group (UK) Limited on Tuesday 2 January 2018. Under the terms of the Tomlin Order the payment must be made by Friday 29 December 2017. The OP is in breach by not making payment as required and the claimant is entitled under Paragraph 4 to enter Judgment for the full amount and proceed to enforcement.

Problem 2

Another potential problem is if the claimant changes the bank account to which payments should be made and you don't receive the letter sent notifying you. Payment would be returned and the OP would be in breach of the Tomlin Order and the claimant is entitled under Paragraph 4 of the Tomlin Order to enter Judgment for the full amount and proceed to enforcement.

Problem 3

A payment term of some 1,000 years at £1.00 a month or even say 2-3 years. The £1.00 is such a small amount it would be easy to not notice if for some reason it wasn't paid by your bank or if on if the OP were to change their bank account to set it up again..

Problem 4

Should an OP die then the Tomlin Order carry's on and the Estate would need to carry on paying the £1.00 a month or the full amount will become due and payable.

Suggestions

The solution to avoid the traps is to pay say at least 12 months payments in advance (£12.00) or even longer .

For anyone already signed up to this type of Tomlin Order with this wording don't worry. Put yourself ahead on payments or if you have already missed the payment day then If PRA should seek to obtain Judgment for the full amount because you paid on a Monday instead of a Friday as payments are ongoing the Unfair Relationship provisions under s.140 of the Consumer Credit Act 1974 are still applicable.

We recently had several cases where clients who had been paying by standing order PRA Group (UK) Limited through its agent Experto Credite had proceedings issued against them because they had "breached the agreement" when Experto Credite went into liquidation.

Experto Credite's bank account was closed due to the liquidation so payments could not be accepted. No letters had been received by the clients providing alternative payment details.

Di

I think Diana M has posted lots of advice about Tomlin orders

Look on one of her posts on here where she quotes Joanna C http://legalbeagles.info/forums/show...t=Tomlin+order

I have copied the post from the thread for you

Our posts crossed too

Di

[bongosong]

Re: Restons Solicitors.

Thank you. Will have a read tonight and reply. Going to be a long week me thinks. Cheers Bongosong

[Diana M]

Re: Restons Solicitors.

It was an unsecured loan. Never had a mortgage with NR. The loan was 20k and the claim is approx. 9k. She had verbally agreed to make payments but I never heard anything from NR as I moved house. We are not in contact and have not been for 5 years or more.

You need to send a Subject Access Request to NRAM to get the full history of this account which will enable you to establish the truth about any documents you're sent which may contain 'inaccuracies' or 'inconsistencies'.

It will also provide you with the Transition Log so you can see what really did happen behind your back.

Here's where you send it (scroll down to Subject Access request info) > http://www.n-ram.co.uk/site-services/privacy

Can you clarify if this loan was in joint names even though you were unaware of the application at the time?

And do you mean that she took the loan out over the phone?

Finally I note you say you moved out of the house but does that mean your ex wife remained there so the NOA might have been sent to that address if they had no forwarding address for you?

Di

[bongosong]

Just to bring everything up to date. Was backed into a corner with this Restons/Marlin Financial business. I was issued with a Tomlin order. I was then about to give in. However I was directed by a member on here to contact Jo Connelly solicitors in Liverpool. They were so amazing. In a matter of a few weeks Marlin have dropped their claim against me. I am delighted. These companies work on fear and you 100% need the help of people like Jo Connolly, she has a fantastic attitude towards your problems and I can not thank her and her team enough. If you have a nagging problem with any company demanding money from you and your not sure if you need to pay it contact her. Job done.