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Restons Solicitors

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  • #46
    Re: Restons Solicitors

    Originally posted by charitynjw View Post
    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.
    I will just wait until they file a claim which I think they will do since I haven't sent in the I&E form which they requested. (I am in two minds to either send it now or later, the reason being is that I don't think I stand a chance in court because the debt is fairly recent)
    Last edited by LaTristesseDurera; 22nd October 2016, 18:18:PM.

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    • #47
      Re: Restons Solicitors

      The choice is yours; we can only offer informed opinion, & sometimes we posters do hold conflicting views.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #48
        Re: Restons Solicitors

        Originally posted by charitynjw View Post
        The choice is yours; we can only offer informed opinion, & sometimes we posters do hold conflicting views.
        It's a difficult decision, the debt is mine and a part of me is thinking just fill in an I&E and offer them a certain amount, I don't think I have a leg to stand on if it went to court. Again, I am sorry for all the questions, it's just that I can't get my head around all this information as I have never done anything like this before. If they take me to court, what exactly could my defence be?

        Comment


        • #49
          Re: Restons Solicitors

          That's what you need to find out if you are going to fight it.
          The SAR will probably shed light on whether there is a viable defence.
          Also, historic bank details.
          Evidence is king.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #50
            Re: Restons Solicitors

            Originally posted by charitynjw View Post
            That's what you need to find out if you are going to fight it.
            The SAR will probably shed light on whether there is a viable defence.
            Also, historic bank details.
            Evidence is king.
            Hopefully the SAR will come through soon but 40 days is a long time! I am no longer with the bank I was with, it would be difficult to get statements I think.

            Comment


            • #51
              Re: Restons Solicitors

              You've previously stated that the agreement is from 2011.
              Banks keep records for a minimum of 6 years from when the bank account ended.
              No problem, then.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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