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Restons Solicitors

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  • #16
    I've moderated while I redact the letter, but does the partial address they have mentioned mean anything to you from Jan 2011 ?( it appears that is where the account was opened from ).
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Yes. I was living there under my married name. Many thanks, Louise

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      • #18
        and was that address where you took out the credit?

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        • #19
          Okay, to enable them to comply with the CCA request they are correct to ensure you are the right person before disclosing the information under data protection. So you can respond to the letter confirming the detail they have requested.

          I'd get a subject access request sent off to NEXT asap asking for full transaction lists, as well as agreement, assignment, default and any screen notes, to try and find out how the balance rose so markedly from what you recall it was and investigate any other defence you may have, as it is likely the agreement will be compliant, and their requesting confirmation of the address would seem to indicate they do have it.

          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Originally posted by Amethyst View Post
            Okay, to enable them to comply with the CCA request they are correct to ensure you are the right person before disclosing the information under data protection.
            May be a good idea to modify the standard template so other debt collectors can't use this as an excuse for delay?

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            • #21
              I'm not sure we'd want to amend it to inform creditors up front of previous addresses. Many CCA requests go in after a court claim or a LBC have been issued, and therefore one would hope they have already satisfied themselves as to the identity of the alleged debtor. And, in essence, we don't entirely want them to comply with the request quickly, delay is good as it gives more opportunity for the alleged debtor to find out more information / make arrangements to sort a settlement if it comes to it etc. It isn't an issue to respond to further enquiry about identity in my view.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #22
                Hi Louise, so sorry to hear of your problems. We are also disputing a tiny claim (£54) and DML have gone as far as a Restons solictors letter (as yours) and the keep asking about an address. We don't give any information to them as we have sent a CCA request and all they did was send the PO back and keep asking about this address. They never seem to give up no matter what you do, even though we don't owe the debt having never had an account with Next Directory.

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                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Directions Questionnaire



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                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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