Restons Solicitors claim form

[Andyp1212]

Hi

I am looking for a bit of advice regarding a claim form I received from Restons at the start of January.

The claim form relates to a debt originaly with Halifax which was a credit card.

I got in to financial difficulty and couldn't pay it so the debt was transferred to MFS portfolio and then on to Restons.

I contacted Restons and agreed to pay £40 per month towards the balance of £4890 of which they agreed.

However I waited for the written confirmation to confirm this arrangement before making the first payment.

The confirmation never arrived but instead the claim form.

I have contacted Restons and they say that confirmation was issued and posted to me a few days after our conversation. Never received by me.

I have asked to start the arrangement again but they say I will now need to return the claim form instead and let the court deal with it.

I admit I owe the debt so am I correct in thinking that I just need to return the admittance form complete with the income and expenditure detailing how much I intend to pay each month?

It states on the form that I need to send it back to Restons. Why would I send it back to them if this is going through the courts?

Also I am a home owner and live with my wife and 2 children. If I admit the debt will they go for a ccj and charging order, and if they do could my home be at risk?

One thing I have noticed is my claim form is black and white and not blue as other people have mentioned, in fact it looks very much like a photocopy of an original. Could this be Restons calling my bluff?

Any help would be hugely appreciated

Thanks

Ps I have no equity in the property at all rather like a deficit of £30k thanks to the housing market.

[Debt Camel]

Re: Restons Solicitors claim form

Hi Andy,

when did you last make a payment towards this debt?
when did you first get the credit card?
do you have other debts as well?

I admit I owe the debt so am I correct in thinking that I just need to return the admittance form complete with the income and expenditure detailing how much I intend to pay each month?

yes, but could you answer the above questions first as even though you owe the debt it may not be enforceable...

It states on the form that I need to send it back to Restons. Why would I send it back to them if this is going through the courts?

because that is what you do if you are admitting a debt, it's the way the system works.

One thing I have noticed is my claim form is black and white and not blue as other people have mentioned, in fact it looks very much like a photocopy of an original. Could this be Restons calling my bluff?

That is pretty unlikely. If you are unsure, call up the court and ask if they have a record of this claim.

Also I am a home owner and live with my wife and 2 children. If I admit the debt will they go for a ccj and charging order, and if they do could my home be at risk?

If you admit the debt you will get a CCJ. That will be on your credit file for 6 years. they could go for a charging order but there is no way they would ever go for an Order for Sale if you have negative equity. Orders for Sale are VERY rare anyway.

[Andyp1212]

Re: Restons Solicitors claim form

thanks for your reply.

I have had the account since 2007 and last made a payment about 2 years ago.

I have completed the form and returned it on the advice from Step Change Debt Charity.

My main concern was around the charging order but as I have -£50k equity (thanks to the housing market) I would have thought this would be pointless? Especially as they would be 3rd charge behind my mortgage and secured loan. (Mortgage balance £165k, Sec loan £42k and value of home now £157k.

I have made an offer of payment which is £58pm of a £4800 balance so hopefully they will accept this.

This is a fair and realistic payment based on an i&e.

If they do then this would be my defend.

[Debt Camel]

Re: Restons Solicitors claim form

last made a payment about 2 years ago

OK this debt can't be statute barred which is what i wanted to check on.

I know it's not what you were asking about, but have you considered your housing options? When does the secured loan end? Is the mortgage interest only or repayment? How much are you paying each month to the mortgage and secured loan and how much would it cost you to rent somewhere suitable? To me this doesn't sound like a foot on the housing ladder so much as a very expensive financial millstone round your neck...