Restons Solicitors

[charitynjw]

Re: Restons Solicitors

So does that mean that if it becomes statue-barred that will be from the date of opening the Littlewoods account and not when capquest registered the default?

No.
Reread Debt Camel's explanation. (Link post #14)

[LaTristesseDurera]

Re: Restons Solicitors

No.
Reread Debt Camel's explanation. (Link post #14)

Okay, I will SAR Littlewoods but I am just worried that Restons will start County Court proceedings quickly.

Before I type this I am not being rude I just don't fully understand the Debt Camel Link, the poster said that time is my friend and the debt collectors enemy but if this default was only registered in 2014, it will be 2020 before it becomes statute-barred or does it start from the date of the last payment made to Littlewoods?

[charitynjw]

Re: Restons Solicitors

Okay, I will SAR Littlewoods but I am just worried that Restons will start County Court proceedings quickly.

Before I type this I am not being rude I just don't fully understand the Debt Camel Link, the poster said that time is my friend and the debt collectors enemy but if this default was only registered in 2014, it will be 2020 before it becomes statute-barred or does it start from the date of the last payment made to Littlewoods?

From the link

Why does “statute barred” matter?

If you aren’t making any payments to a debt, the creditor has got to take you to court within a certain time. This time limit is set out in the Limitations Act 1980.
For most unsecured consumer debts in England and Wales such as credit cards and loans,
this time is six years(ISH)* from the point at which you failed to make a payment. If the creditor doesn’t start court action within this time, the debt is not enforceable because it is statute barred.
When a debt is statute barred it still exists legally, but because you cannot be taken to court for it, you do not have to make any payments to it. The Financial Conduct Authority’s rules about statute-barred debt are here.

*My addition.
The explanation is complicated & SB may not be applicable anyway. That is why it is important to establish the date of the last payment (or written acknowledgement). It's not worth getting into a detailed discussion unless it can be evidenced to be a viable defence.
& I didn't think for one minute that you were being rude; The legal technicalities can be quite complicated.

[LaTristesseDurera]

Re: Restons Solicitors

Again, thank you for the reply, so really I just need to contact Littlewoods and ask them the last payment date on the account? with regards to written acknowledgement, is this letters to Littlewoods and Capquest? I don't think I ever paid Capquest a penny or contacted them about it. (Is a CCA needed when I find the information)

[charitynjw]

Re: Restons Solicitors

Again, thank you for the reply, so really I just need to contact Littlewoods and ask them the last payment date on the account?
Littlewoods have (probably) sold this debt, & if so they (possibly) might not be too forthcoming with documentary evidence. It's worth a try phoning them first, though.
If it were me I would SAR them; they then have a legal obligation to respond. You could make that decision dependent on the phone call, I suppose.
with regards to written acknowledgement, is this letters to Littlewoods and Capquest?
Certainly Littlewoods. & as Capquest are working on behalf of the new 'owner' of the debt (I'm guessing this to be the case), I'm pretty sure that they would argue that it would count as acknowledgement.
I don't think I ever paid Capquest a penny or contacted them about it.

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[LaTristesseDurera]

Re: Restons Solicitors

I will do that.

If Restons send legal papers etc, how can I delay them?

[charitynjw]

Re: Restons Solicitors

I will do that.

If Restons send legal papers etc, how can I delay them?

If they start a court claim & you receive a court claim form, you cannot delay it.
You must adhere to the court timetable; failure to do so might result in a default judgment.
If they send a letter before action/claim (which they should do before going to court), or any other correspondence, it can be responded to or maybe ignored, depending on the content.
Best deal with things as (if) they develop.

[LaTristesseDurera]

Re: Restons Solicitors

If they start a court claim & you receive a court claim form, you cannot delay it.
You must adhere to the court timetable; failure to do so might result in a default judgment.
If they send a letter before action/claim (which they should do before going to court), or any other correspondence, it can be responded to or maybe ignored, depending on the content.
Best deal with things as (if) they develop.

Thank you.

1. I will contact Littlewoods and an SAR if necessary.
2. When I get a letter from Restons I will directly upload it to this thread (obviously with my information marked out) and we can go from there.

I do have mental health problems, I am also under the care of a psychiatrist, my GP and I have a community mental health nurse, and I am on several strong medications for this, will Restons take this in to consideration this or will they just ignore it?

[charitynjw]

Re: Restons Solicitors

Thank you.

1. I will contact Littlewoods and an SAR if necessary.
2. When I get a letter from Restons I will directly upload it to this thread (obviously with my information marked out) and we can go from there.

Ok.

I do have mental health problems, I am also under the care of a psychiatrist, my GP and I have a community mental health nurse, and I am on several strong medications for this, will Restons take this in to consideration this or will they just ignore it?
As things stand atm, you could:
fight the allegation that a debt is owed (using legal argument), or
admit it, or part of it, & possibly negotiate affordable payments (but this acknowledges the debt), or
make a 'full & final' payment - usually a reduced lump sum. (Care is needed for this).
There is a long way to go in the litigation process, and you've only just received a shot across your bow!
Of course, if it comes to it, your medical condition & (if applicable) financial situation is taken into consideration.
But one step at a time, I reckon.
Fight or negotiate from a position of strength if possible.......the documentary evidence may make all the difference.

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[LaTristesseDurera]

Re: Restons Solicitors

Is a CCA request needed at all?

[charitynjw]

Re: Restons Solicitors

Is a CCA request needed at all?

Good morning, & good question.
The answer of course is most definitely yes.
But thinking tactically, if you ask at this stage, there is no real pressure on the other party to produce documentation.
Even if they fail to produce with the statutory timeframe (12 days + 2 for post), all that means is they can put it in a 'pending' pile (with one eye on possible stat-barred, of course). They can then take their own time furnishing the info & if/when they do send full & proper documents they are then compliant with the request.
Also imho you could risk pulling the tiger's tail. I reckon that by now these firms equate a CCA request with a sign that the alleged debtor is going to fight. & even without documentation, they could (& often do) initiate court proceedings. They just can't enforce it until they come up with something to satisfy the judge. & remember, once a court claim is initiated, the SB clock 'freezes' while the case is live.
On the other hand, if you hold fire on the request for now, & they make a court claim anyway, you could then fire off your CCA s78 request knowing that they are then up against the court timetable.
These are just my thoughts; others may disagree.
The choice, however, is yours.

[LaTristesseDurera]

Re: Restons Solicitors

I'll wait, SAR was sent this morning via recorded mail.

[LaTristesseDurera]

Re: Restons Solicitors

Right, got home today and found out I got the letter from Restons, however, stupidly my other half decided to fill in the income and expenditure form online without ever asking me so that has totally messed things up because I am sure that it classed as acknowledgement. She submitted an offer per month to pay back so I assume we'll just have to wait for their answer, however, I assume I will get court papers through the door soon.

What is my next move, I cannot believe she filled in the form online and sent it. :tinysmile_hmm_t2:

** Shall I still wait to send the CCA until Restons reply? **

[nemesis45]

Re: Restons Solicitors

Right, got home today and found out I got the letter from Restons, however, stupidly my other half decided to fill in the income and expenditure form online without ever asking me so that has totally messed things up because I am sure that it classed as acknowledgement. She submitted an offer per month to pay back so I assume we'll just have to wait for their answer, however, I assume I will get court papers through the door soon.

What is my next move, I cannot believe she filled in the form online and sent it. :tinysmile_hmm_t2:

** Shall I still wait to send the CCA until Restons reply? **

I'm afraid that is going to be construed as an acknowledgment but if the account is solely yours write to Nigel Petrie Coe the principal at Restons and state that the statement and offer were made in your absence and without your authorisation and are not an admission of liability.

It may work.

nem

[LaTristesseDurera]

Re: Restons Solicitors

Thank you,

If they don't acknowledge it, I guess a CCA has to be sent?