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

[redroy]

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.

[Amethyst]

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.

[Debt Camel]

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?

[Amethyst]

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.

[Debt Camel]

and was that address where you took out the credit?

[louise_finch_uk]

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

[Amethyst]

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 ).

[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

[Debt Camel]

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

[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

[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]

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

[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...

[louise_finch_uk]

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