Restons Solicitors

[Honeypie]

Hello,

I hope that I have posted this request for help to the forum.

I received a letter from Arrow Limited just after 2013 Christmas, informing me that they had passed my default account to Reston Solicitors, and I should contact them for future correspondence regarding my account. I applied to HSBC for a loan of just under £12,000 in 2005/2006, cannot remember exact date. I defaulted soon after taking out the loan. The default appeared on my credit file (Experian) in April 2007. I did not pay any money to HSBC at all after that date. Under The Limitation Barred Statute Act 1980, my outstanding debt expired in April 2013.

The letter from Arrow Limited said that I took out the 'overdraft' in 1998. I was unemployed in 1998, and there is no way any bank would loan a person, just under £12,000 for an 'overdraft' who is in receipt of benefit.

I wrote a letter to Arrow Limited, and Restons Solicitors using the template letter I saw on a forum, stating the Limitation Barred Act 1980. Restons wrote back to me, letter dated 2nd January 2014, stating that I made a £5.00 payment in 2010. This is incorrect, as I never made any payments once I had defaulted repayments to HSBC back in 2005/06. No payments were made once the default appeared on my credit file.

I have written another letter to Restons, but have not posted it yet. This is my letter:



"Your reference .........

6 January 2014,

In response to your letter dated 2 January 2014.
I can assure you that there was no payment of £5.00 paid in 2010, as you falsely claim. Your information is incorrect, and the payment you are threatening me to pay to you is statute Barred under The Limitation Act 1980.
If you continue to write to me demanding repayment that is not owed to either you, or your client. I will report you and your company to the SRA, the OFT, and the police for continued harassment, and to fraudulently try to obtain money from me, which is against the law.
Stop harassing me for money that I do not owe to you, or your client, which is Statue Barred under The Limitation Act 1980.

Yours faithfully,"

I am very angry, as I do not owe this money anymore under the Limitation Barred Act 1980. Should I send it, or does anyone have another suggestion, or letter I should send.

P.S I own my property, and already have a second charge on it.

Can anyone help please.

Many thanks

Honeypie

[Honeypie]

Re: Restons Solicitors

Hello,

Could someone pleeeease, offer me some advice. I so much need some help on this matter.

Regards

Honeypie

[jon1965]

Re: Restons Solicitors

I would be asking them for proof of when, where and how the payment was made as well as your denial.

Strictly speaking (unless you are in Scotland) the debt does still exist and you do still owe it but they can not enforce it.

If you are absolutely sure it is SB then you can just leave it and should a claim arise put in your defence although I would be wanting to get this sorted

[Honeypie]

Re: Restons Solicitors

Hello Jon1965,

Thank you for your reply. I would like to get this sorted. Do you know where I can find a template to send to Restons, asking them the when, how, and where. If they do raise a claim, which I believe Restons would do, how do I put forward a defence?

Also, on my credit reference file with Experian this debt was placed on there in 2007, and it was remove April 2013. Can Restons seek a CCJ against me still, and can this debt be replaced on my credit file to run another 6 years? Can they also seek to put a second charge on my property, even though there is an SB on this debt.

Many thanks

Honeypie

[jon1965]

Re: Restons Solicitors

Ok first things first.
If they issue a claim we will talk you through it stage by stage

In theory yes Restons can seek a CCJ but it being SB is an absolute defence so do not worry about that.

If for some reason they do get a CCJ then you can apply for a repayment plan set by the court, if you do not keep up with that then in theory they could ask for a charge

Now as what to do

I would take a two pronged approach which some might think is overkill

1) Send a CCA request
http://www.legalbeagles.info/forums/...y-of-Agreement

Sign the letter with a fancy digital font as opposed to your real signature and enclose a blank postal order for £1. (or a cheque written by someone else, some people get their partner to write the cheque)
Send it royal mail signed for

This will stop anything happening until they provide the agreement and I would guess they might struggle to do that

Then under a separate cover I would send
Dear Sir
Ref Ac no
Thank you for your letter dated xxxxxx where you claim a payment of £5 was made to the above numbered account.
I deny every having made such a payment and require you to provide full details of when, where and by what means the payment was made. If the payment was made by cheque or card I will need the account details to validate the accuracy of your claim.
Meanwhile please note I deny any liability to either yourselves or your client