Restons Solicitors

[Diana M]

Re: Restons Solicitors

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

If the debt is not close to SB does it reallŷ matter if you (your wife) has acknowledged it? If a claim had been issued then that would be a totally different kettle of legal fish (Admission of the claim).

I've not read back through your thread but sending a CCA Request may slow down or even halt a claim being issued for the time being.

A letter to the head of Restons Solicitors may encourage one (claim). You could be singling yourself out for attention if you rub him up the wrong way.

That's my personal view.

Di

[LaTristesseDurera]

Re: Restons Solicitors

If the debt is not close to SB does it reallŷ matter if you (your wife) has acknowledged it? If a claim had been issued then that would be a totally different kettle of legal fish (Admission of the claim).

I've not read back through your thread but sending a CCA Request may slow down or even halt a claim being issued for the time being.

A letter to the head of Restons Solicitors may encourage one (claim). You could be singling yourself out for attention if you rub him up the wrong way.

That's my personal view.

Di

No claim issued yet, so I avoid the letter to him then? I am considering a CCA but I am not sure if I need to wait for a reply from Restons or just go for it now (is there a CCA template?) my girlfriend 'offered' £5 per month which they wont accept. (I think)

[charitynjw]

Re: Restons Solicitors

my other half decided to fill in the income and expenditure form online without ever asking me

Linitation Act 1980

S29(5)

(5)

Subject to subsection (6) below, where any right of action has accrued to recover—

(a)

any debt or other liquidated pecuniary claim; or

(b)

any claim to the personal estate of a deceased person or to any share or interest in any such estate;
and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

[LaTristesseDurera]

Re: Restons Solicitors

Linitation Act 1980

S29(5)

(5)

Subject to subsection (6) below, where any right of action has accrued to recover—

(a)

any debt or other liquidated pecuniary claim; or

(b)

any claim to the personal estate of a deceased person or to any share or interest in any such estate;
and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

So basically she has messed everything up?

[nemesis45]

Re: Restons Solicitors

So basically she has messed everything up?

See post #29.

The payment and submission of I & W statement was not made by you personally and was not authorised by you formally withdraw both.

nem

[LaTristesseDurera]

Re: Restons Solicitors

How can that be proved though? Also, do I CCA if they make a claim or now as I am not 100% sure what to do.

Sorry for the all the questions, it's just hard trying to get my head around it all.

[charitynjw]

Re: Restons Solicitors

How can that be proved though? Also, do I CCA if they make a claim or now as I am not 100% sure what to do.

Sorry for the all the questions, it's just hard trying to get my head around it all.

By withdrawing it because you personally did not authorise it, as [MENTION=55034]nemesis45[/MENTION] has stated.

Dungate -v- Dungate [1965] 1 WLR 1477
Diplock LJ
Held: An acknowledgment will be sufficient if the amount for which the debtor accepts legal liability can be ascertained by extrinsic evidence.

[LaTristesseDurera]

Re: Restons Solicitors

So I need to write a letter to them? (they said they need an I&E form by the 25th October, so if I write to them and withdraw my acknowledgement of the one my girlfriend sent, what do I need to do in replacement to that as I think they would likely make a claim if they don't have one by that date)

[charitynjw]

Re: Restons Solicitors

So I need to write a letter to them?
Up to you. It might be wise to actually write, even if the law appears to absolve you from liability re acknowledgement.
(they said they need an I&E form by the 25th October, so if I write to them and withdraw my acknowledgement of the one my girlfriend sent, what do I need to do in replacement to that
Nothing really - certainly not anything that acknowledges liability of the alleged debt.
as I think they would likely make a claim if they don't have one by that date)
They either will or they won't; time will tell.

####

[LaTristesseDurera]

Re: Restons Solicitors

####

Is this letter ok?

Restons Solicitors
Trinity Chambers
800 Mandarin Court
Centre Park
WA1 1GG

Reference # ******

Dear Sir/Madam,

On the 21^st October my girlfriend submitted an income and expenditure form without my authorisation, so I would like to withdraw acknowledgement of the debt so please disregard the income and expenditure form.

I look forward to hearing from you,

Yours truly,

[charitynjw]

Re: Restons Solicitors

Is this letter ok?

Restons Solicitors
Trinity Chambers
800 Mandarin Court
Centre Park
WA1 1GG

Reference # ******

Dear Sir/Madam,

On the 21^st October my girlfriend mistakenly submitted an income and expenditure form without my authorisation, so I would like to withdraw acknowledgement of the debt so please disregard the income and expenditure form.
I'd just put 'Please disregard it'.

I look forward to hearing from you,
Imho, no need to add this.

Yours truly,
Yours sincerely?

& get proof of posting if using land mail.

[LaTristesseDurera]

Re: Restons Solicitors

& get proof of posting if using land mail.

Posted with proof of postage.

What is my next move?

[charitynjw]

Re: Restons Solicitors

Well, you could familiarise yourself with the CCA request.
http://legalbeagles.info/forums/show...y-of-Agreement
A Littlewoods account will probably be a regulated account, so CCA s78 would be applicable.

Btw, you other half did send the I&E etc to Restons, yes?

[LaTristesseDurera]

Re: Restons Solicitors

I will look at the CCA request and yes, she did it on their website. When would the CCA need to be sent and would it need to be sent to Littlewoods or Capquest?

[charitynjw]

Re: Restons Solicitors

If you send it now, it might provoke them into issuing a court claim in the hope that you will capitulate & pay up.
Alternatively they could just put it on the 'pending' file & take their own sweet time in 'accessing' compliant documentation.
If they do file a court claim & you then hit them with the CCA request, they are then up against the 12 day sanction imposed by the CCA 1974 for non-compliance, and the court's own timetable.