Restons Solicitors

[louise_finch_uk]

Dear All

It has been a few years since I have been on here but I received a letter before action letter from Restons solicitors in regards to a Next account that I had dating back from around 2011. I have looked around on here in regards to other peoples way of dealing with the problem so just want advice that what I need to do is correct. The persons who own the debt are Debt Managers (Services) Ltd who I three lettered on 16th February, 2nd of March and 16th March. I also sent a Notice of Cease & Desist and a Section 10. I received no response until the letter which I have just received which is dated 30th April.

So if I am correct, I now have to send a CCA request S78 to Debt Managers(Services) Ltd + £1 with a copy to Restons ? Could someone help with a link to the relevant CCA needed please ??
I also have to fill the form that was sent to me from Restons ticking C and I and return to them. Or do I send that back to Debt Managers ?

Many thanks

Louise

[louise_finch_uk]

Bump

[Nomzit]

Hello Louise,

I’ve the same thing. I’m in the same situation as you it’s. Next account of nearly £5k but I’m sure that the debt was £2500 so no idea how it’s got so high. I want to come to a payment but At the moment I’m paying everyone else £1 a month.
Can anyone help us?

[Amethyst]

Louise - apologies for delay in replying - Okay, it looks like the debt has been sold to Debt Managers Services as they call themselves the Current Creditor, so the CCA request would go to them rather than Restons ( Restons are acting FOR Debt Managers). The CCA request is http://legalbeagles.info/library/gui...etter-example/ and that should go to Debt Managers with your £1 postal order.

Additionally you need to reply to Restons. You've received a formal letter before claim. Likely as the debt is coming up towards being Statute Barred ( 6 years from last payment approx) - this letter of claim includes a form to complete and return which gives various options ( like the examples here > http://legalbeagles.info/forums/foru...-for-reference )

First though, do you recall or have record at all when you last paid or acknowledged the debt with Next ?
Is there a dispute on the amount they are claiming ? Any issues with the debt?
Do you recall how you opened the account - being 2011 I assume by purchasing something online on credit terms and the agreement was digitally signed? Anything historically in your emails ?

[Amethyst]

Nomzit - I'll post on your other thread

[louise_finch_uk]

Many thanks Amethyst. The account was opened January 2011 and the last payment date was October 2013.

I don't really dispute the debt but I know that I cannot afford to repay any of it even if I was forced to repay it via a CCJ


I was advised to stop paying it by CAB in 2013 and go bankrupt but every time I got a letter from DWP to show that I was receiving 20 pounds a week, CAB said that it was out of date to present it to the administrator as it took two weeks to arrive through the post. So here we are in 2018 and I predict that all the relevant companies are going to be knocking on my door so to speak.

This cca request is just to delay them so that I can try and sort things out again as someone is willing to pay the 680 pounds for me.

Louise

[louise_finch_uk]

Names and details removed.

[warwick65]

Hi
The CCA request might not be just a delaying tactic - it might help you defend the claim should it ever come.

At the moment you only have a letter of claim so sending the CCA request may delay things a bit but there is a lot more to being able to defend a claim than just the agreement

The task now is finding the balance between telling them what they need to supply and stalling them- some people argue responding to a letter of claim asking for all the documents they should send in order to win in court- but why tip their hand.

[louise_finch_uk]

Many thanks. Putting my mind at ease. Well a little x

[warwick65]

Bankruptcy seems like such a huge step , how much are your total debts?

I am guessing the defaults will start to fall off your file in 1 year or so but BR will ruin it for another 6 years

Before thinking about BR make sure you get some solid financial advice- while some CABs are good, others are less experienced , in part because they are so badly underfunded and rely on well meaning volunteers with the best of intentions but of course we know her good intentions lead to...

[warwick65]

By the way, you have left names , amounts and reference numbers showing on the attachments

[louise_finch_uk]

Many thanks for that. I owe about 10000 in all to various companies. I stopped paying all of them when I tried to go BR in 2013. I know it's a big step but knowing CCJs against that amount would be impossible to pay and I only earn 8000 a year minus rent, council tax and utility companies leaves me with zero. So they can't take anything from me. I don't have a car or anything worth any value which is a good thing I suppose.

[warwick65]

As the total debt is 10K - IF insolvency is the right option for you - and I am not saying it is, there is a sort of bankruptcy light called a debt relief order and costs much less
Debt Camel

[Debt Camel]

More details about a DRO here: https://debtcamel.co.uk/debt-options/dro/

[louise_finch_uk]

Dear Amethyst and Co. I sent off the CCA request on the 22nd of May and they received it the next day on the 23rd of May. Unfortunately, the sent back the Postal Order in regards to the CCA request with the following letter that I am attaching. What next ?? They are giving me till the 7th of June to respond.

Many thanks

Louise