Restons Solicitors

[Buttons1968]

I have today received a letter from Restons Solicitors about a debt from Capquest.

I have read through another thread and my letter is pretty much identical apart from one thing. I separated from my husband over 6 years ago and left the marital home. We were divorced 4.5 years ago and following this I reverted back to my maiden name. I have lived at my current address for 4.5 years. I have never received any letters/statements/'reminders for as long as I can remember and as my ex husband left me with loads of debt I have done my utmost to settle them.

I am not denying I had a capital one card however I am not convinced that I owe this debt but I don't want to rock the boat if this has past the 6 years and therefore I can ignore. Having said that if I do owe it I'm more than happy to make a payment agreement but I have looked into this company and up to now I haven't read a good word about them?

Any advice would be gratefully received.

[warwick65]

Re: Restons Solicitors

What exactly does the letter say , maybe you could post up a copy with the identifying bits blanked out.

If it is a letter of claim there are a couple of things to do that may slow them down and do not acknowledge the debt

[Buttons1968]

Re: Restons Solicitors

What exactly does the letter say , maybe you could post up a copy with the identifying bits blanked out.

If it is a letter of claim there are a couple of things to do that may slow them down and do not acknowledge the debt

It reads:

We act on behalf of Capquest Investments Limited who has referred your account to us for legal action. This means that we are instructed to issue court proceedings against you.

The purpose of this letter is to explain the position to you and to suggest a possible way that legal action can be avoided.

Our Client is prepared to consider the repayment of the balance £657.58 by instalments. To ensure that any instalment arrangement is affordable and sustainable please complete the enclosed financial statement with confirmation of your offer and return it to us no later than Tuesday August 22 2017, or visit our website at www.restons.co.uk to complete a financial statement online.

Alternatively, please contact us by Tuesday August 22 2017 on 01925 426100 to discuss your account. Please make sure you have available all the information needed to complete the form when you telephone. We cannot reach any agreement if information is missing.

[warwick65]

Re: Restons Solicitors

So at the moment ot is not a letter before action however I would send the following letter to Restons

Dear Sirs
Ref: Enter as per letter received.
Thank you for your letter dated Pick the date on letter you are responding to. . As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Type agreement or contract as appropriate.;
2. The Default Notice;
3. The Notice of Assignment; Delete if the account has not been sold.
4. Statements of account;
5. The Deed of assignment Delete if the account has not been sold.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
DELETE THIS PARAGRAPH IF A CCA REQUEST HAS NOT BEEN SENT OR IS NOT APPLICABLE.Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.Type 77 for loans or 78 for credit cards and catalogue accounts. on Pick the date when the CCA request was sent.and I am awaiting a response from Enter the creditor’s name..
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

Your full name

I would also semd a CCA request to capquest http://legalbeagles.info/library/gui...etter-example/

The CCA request needs a cheque or postal order for £1 . I always reference the cheque or postal order number in my CCA request .

Both letters are best sent Royal mail signed for (no need to use special delivery)

Hopefully it will buy you some extra time to help make sure the debt is SB

[Buttons1968]

Re: Restons Solicitors

So at the moment ot is not a letter before action however I would send the following letter to Restons


I would also semd a CCA request to capquest http://legalbeagles.info/library/gui...etter-example/

The CCA request needs a cheque or postal order for £1 . I always reference the cheque or postal order number in my CCA request .

Both letters are best sent Royal mail signed for (no need to use special delivery)

Hopefully it will buy you some extra time to help make sure the debt is SB

Thank you very much for this help, I will let you know how I get on!

Just 1 question though...do I sign it my current name or the name it us addressed which was my previous married name?

[warwick65]

Re: Restons Solicitors

[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Are they writing to you at your new home?
Did you revert to your maiden name just generally or legally?

[Buttons1968]

Re: Restons Solicitors

[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Are they writing to you at your new home?
Did you revert to your maiden name just generally or legally?

Yes at my new home and generally changed It, didn't do it by deed poll

[Buttons1968]

Re: Restons Solicitors

Hi, just to confirm, do I sign it my previous married name as is stated on their letter? Also, having read through other threads with similar issues, should I not actually physically sign the letter in case they can copy it?

[warwick65]

Re: Restons Solicitors

@Amethyst @charitynjw @Diana M

I would really sign your current name but add that you used to be known as Mrs xxxxxx

As for your signature being lifted, I would use an anti tamper strip and sign over that


I just googled anti tamper strip and got that
http://legalbeagles.info/forums/show...hout-signature

Post 6 has an anti tamper strip

- - - Updated - - -

antitampersignaturestrip.jpg



Hopefully that will work

[Buttons1968]

Re: Restons Solicitors

Thank you so much for all your help, its much appreciated

[warwick65]

Re: Restons Solicitors

Maybe just use the name the debt isn't in. Might confuse them

[Buttons1968]

Re: Restons Solicitors

So today I have received a reply from Preston Solicitors and I feel it is quite a strong letter. Please can anyone advise on how I should reply? I have also received a letter from Capquest and they were just confirming receipt of my letter and will deal with my request.
Thank you

[MIKE770]

Re: Restons Solicitors

strong letter - we cannot reply without knowing contents, post up minus your name etc

[Buttons1968]

Re: Restons Solicitors

I've tried to do it from my phone but I can't do I'll do it tomorrow from my works computer. Wasn't even sure if my message had sent so thank you for your reply

[Buttons1968]

Re: Restons Solicitors

I have now managed to attach the letter I recevied.

Thank you for any advice!!