Restons want a signature

[remote5993]

hello,

I need some advice regarding a credit card debt Restons have contacted me about. The last payment on this account was Feb 2010 so now is statute barred but the date of default was a whole year later on Feb 2011.... they said they are going to issue court action against me if I didn't reply by 1st September which I did. I sent the statute barred letter to Restons which I didn't sign and got this response:

''please find enclosed a draft letter which purports to come from you but is unsigned.
You will appreciate that we must ensure we are corresponding with the correct person.
please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response''

what do I do now? are they trying to trick me here?


Cheers,Stu

[wales01man]

Re: Restons want a signiture

They told you no signature no reply sign with anti tamper strip if you need to

[nemesis45]

Re: Restons want a signature

hello,

I need some advice regarding a credit card debt Restons have contacted me about. The last payment on this account was Feb 2010 so now is statute barred but the date of default was a whole year later on Feb 2011.... they said they are going to issue court action against me if I didn't reply by 1st September which I did. I sent the statute barred letter to Restons which I didn't sign and got this response:

''please find enclosed a draft letter which purports to come from you but is unsigned.
You will appreciate that we must ensure we are corresponding with the correct person.
please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response''

what do I do now? are they trying to trick me here?


Cheers,Stu

Hi welcome,

There is no reason not to sign such a letter so send it again signed.

There has been some case law that has indicated that the date of default is that which starts the relevant 6 year period set down in the Limitation Act 1980.

I suspect Restons will reply along the line of the above.
It is always valid in my opinion to challenge on the statute not a supposition.

Some detail please.

Who was the original creditor? Year late default sounds like Barclaycrud.
Is the letter a formal letter before claim or just we might or we could issue a claim?

nem

[remote5993]

Re: Restons want a signature

The original debt was with Santander, its now with Arrow Global but Restons are looking after the account.


When I made the last payment in Feb 2010 it was to clear the credit card balance in full, but I then went on to use my credit card again in may & june which is what the debt is. I had late payment charges in June 2010, august 2010, September, November 2010, dec account closed. which I think explains the date of default being feb 2011, But I would say its still statute barred.

So do yo think I should not sign the letter and send it again?

[nemesis45]

Re: Restons want a signature

The original debt was with Santander, its now with Arrow Global but Restons are looking after the account.


When I made the last payment was made in Feb 2010 it was to clear the credit card balance in full, but I then went on to use my credit card again in may & june which is what the debt is. I had late payment charges in June 2010, august 2010, September, November 2010, dec account closed. which I think explains the date of default being feb 2011, But I would say its still statute barred.

So do yo think I should not sign the letter and send it again?

Using the card would be seen as an acknowledgment the default date is within ICO guidance. I think you may have difficulty convincing a judge there is no liability.
[MENTION=6]Amethyst[/MENTION] Can you take a look at this please, as I wont be around to follow up on this tomorrow.

nem

[remote5993]

Re: Restons want a signature

the letter said 'if we start court action on 30th august...'

- - - Updated - - -

Using the card would be seen as an acknowledgment the default date is within ICO guidance. I think you may have difficulty convincing a judge there is no liability.
@Amethyst Can you take a look at this please, as I wont be around to follow up on this tomorrow.

nem

with the first late payment charge on the 15th june 2010 wouldn't that be classed as the start of the 6 year period?

[Amethyst]

Re: Restons want a signature

Indeed, use of the card is acknowledgment particularly as you'd cleared the card then started new spending it would push the cause of action back until the new debt could be recalled, so if last spend was Nov 2010 then the cause of action would probably be Jan - or indeed Feb as per the default. I'll have a mooch through rest of thread in the morning.

[remote5993]

Re: Restons want a signature

Indeed, use of the card is acknowledgment particularly as you'd cleared the card then started new spending it would push the cause of action back until the new debt could be recalled, so if last spend was Nov 2010 then the cause of action would probably be Jan - or indeed Feb as per the default. I'll have a mooch through rest of thread in the morning.

Thanks for your reply.

Sorry I think i may explained it wrong. Between roughly 2nd may 2010 - 15th june 2010 i used my card several times. The last being around 15th june 2010. I had a first late payment fee on 17th june 2010. (So over six years now) then had late payments again august, september & november and account closed in December 2010. Default date issued was Feb 2011.

Hope that makes sence to you! Im really sorry i am not good at explaining things, i confuse my self sometimes!