Hi there. You've probably guessed already, I have a problem :(

[Astro]

Hi all

I've received a rather threatening letter from Restons Solicitors which has my head spinning. I know I need to calm down and respond correctly, I'm hoping you can assist

Thanks
Astro

[scoobydoo1]

Re: Hi there. You've probably guessed already, I have a problem

what is the threatening letter refuring too? if you can add abit more detail , I,m sure someone will be along shortly to offer you some more advice

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

No probs
Restons have sent me a letter saying they have been instructed by their Client, Cabot Financial (Marlin) Limited to seek immediate payment etc etc
Basically they are demanding £3476.42 by the 25th of this month or they'll issue proceedings.
They state they have previously notified me that they have acquired the rights to the account and are such entitled to receive payment.
The first I heard about this alleged debt was when I received four years worth of annual statements from DLC on the same day in separate envelopes (I received a fifth a few days later). I believe it relates to a car finance agreement I had with Black Horse back in 2007 but other than mentioning Hillesden Securities, Formerly Black Horse in the statements I have no evidence of this.
If this does relate to this old disputed account (the car was handed back) then it will have been time barred for over a year.
How do I best respond to this? The amount shows on no credit reference agency searches

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

Did you hand the car back in 2007 ? or take the loan out in 2007 ?

Had you been getting annual statements from Blackhorse over the last few years ?

Read -> http://legalbeagles.info/black-horse...atement-error/

( will only apply if they have been adding interest since 2010)

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

Restons will take court action so you should reply to the letter before action - once we know when the last time you paid or acknowledged the debt and when you returned the car we can give you a hand with a letter telling them it is statute barred.

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Hi all, thank you for the speedy replies

The date of the original agreement based upon the statements was 17/07/2007. I don't have a definite date for the return of the car but know it was prior to september 2009 as I had bought another (after a few months sharing a vehicle with my partner) by this time

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

And when you returned the car did you have any outstanding balance to pay ? what was the dispute ?

It's going to be quite important to figure out when you returned the car as if it was September 2009 its very very close to statute barred.

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Did you hand the car back in 2007 ? or take the loan out in 2007 ?

Had you been getting annual statements from Blackhorse over the last few years ?

Read -> http://legalbeagles.info/black-horse...atement-error/

( will only apply if they have been adding interest since 2010)

I've heard nothing from black horse whatsoever. The annual statements 'ive received en-mass are from DLC and state that the original term no longer applies and that no interest is being charged. They also prove that no payments have been made as the balance from the first (which covers 29/10/2010 to 28/10/2011) is the same as the latest annual one

- - - Updated - - -

I forgot to add, the account was defaulted several months prior to the vehicle being handed back and sold off at auction. The dispute related to the shortfall. I believed at the time they hadn't made reasonable efforts to get a fair price for the car

Thinking back, I started working with my current employer in july 2009 and didn't have any car at all then, so it was definitely prior to that

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

And when you returned the car did you have any outstanding balance to pay ? what was the dispute ?

It's going to be quite important to figure out when you returned the car as if it was September 2009 its very very close to statute barred.

Is there a template for a statute barred letter available? or should I send a Pre-Action Conduct letter? Apologies for the newbie question

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Is it worth sending a statute barred letter to DLC to see if that'll prompt them to call off Restons?

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Thinking about this a bit more logically I think I may be jumping the gun a bit. Do you think a 'prove it' letter to the solicitors, and an SAR to Black Horse would be the best way to go?
Sorry, I'm starting to flap again

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Hi again. Which template letter should I be sending?
Thanks

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

Hi Sorry I missed your previous posts. A SAR to blackhorse might help you figure out if the debt is statute barred yes, but will cost you a tenner and take 40 days so you do need to respond to Restons in the first instance.

I'd also send a CCA request for the agreement to Cabot ( as creditor), tell restons you believe the debt to be statute barred as you had a dispute about the debt back in 2008 and haven't heard a sausage since then... and also tell them that you have requested a copy of any agreement from their client (Cabot) and sent a subject access request to Black Horse to try and find out more about the debt - so could they kindly pop this on hold while you await information to enable you to consider your position.

[Amethyst]

Re: Hi there. You've probably guessed already, I have a problem

Sooo something like....

Dear Restons,

Your Ref: xxxxxxxxxxxxxxxxx

I am in receipt of your letter dated xxxxxxxxxxxxxxxxxxx in which you indicate your client is preparing to bring legal proceedings against me for an alleged debt originally owed to BlackHorse Finance. ( HAVE RESTONS SAID BLACKHORSE?? - if NOT then don't mention them either )

As far as I am aware this seems to relate to a disputed agreement from around X years ago. I have not had any contact from Blackhorse since raising a dispute with them in XXXXXXXXX and have had no contact with any third party relating to the issue. I believed the matter was at an end over 6 years ago and I therefore contend that any debt is statute barred by virtue of section 5 of the Limitations Act 1980.

I am making efforts to find out further information about your clients claims that a debt remains owing and have to that end sent a formal request directly to them for a copy of the original documents pursuant to the Consumer Credit Act 1974, s.77, and additionally have sent a full Subject Access request for copies of all documents relating to any agreement and the dispute to BlackHorse Finance.

I would ask your client puts the case on hold while I obtain the relevant information and documents in order that I may consider my position properly.

Kind regards

xxxxxxxxxxxx



This bugs me though, why did DLC suddenly send statements... possibly due to an FCA telling off over the not informing you of your rights issue - which doesn't affect you as you VT'd before any of that came into being.

The first I heard about this alleged debt was when I received four years worth of annual statements from DLC on the same day in separate envelopes (I received a fifth a few days later). I believe it relates to a car finance agreement I had with Black Horse back in 2007 but other than mentioning Hillesden Securities, Formerly Black Horse in the statements I have no evidence of this.

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Smashin' thanks, I'll get on the case (no pun intended)