Reston Solicitors

[labman]

Re: Reston Solicitors

Sorry - couldn't resist rubbing that one in!

[singlemom]

Re: Reston Solicitors

I am going to send them a LABMAN's reply! However, when does the 40 days start? Has the 40 days started as I have already applied? They rejected me because they are not sure of my identity!
They took over ten days to respond to my request for a SAR. Can I wait ten days to respond to their request for an ID check?!!!! Seriously, I am going to use labmans letter

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

[labman]

Re: Reston Solicitors

I'd provide your ID asap - you want the information. Make absolutely sure you send them something which does not bear your signature though - a copy of utility bills, CT bill, whatever, but nothing with a signature, hence me saying print name on letter.

It's a bit like a game really and follows a regular pattern. They say you owe money, you ask for proof. They tell you it's £6000, you send SAR. They ask for ID, you send it without a signature (not what they want).

TBH the 40 calendar days is not worth sticking to rigidly. You cannot do anything major without it initially costing you money, so a few extra days make little difference.

See what they send back once you have sent ID - don't be surprised if they insist on something with your signature on it - just post up again if they do.

[singlemom]

Re: Reston Solicitors

I have sent the relevant paperwork (utility bills) off to Arrow Global to prove my identity. As Arrow points out " the address we are reporting to the Credit reference agencies, in relation to the the account in question differs to your address listed above" Obviously, I am waiting for the SAR paperwork to come through. However, I am very nervous about Restons solicitors. I have heard they use bullying tactics?
I rent privately. (so I do not own property). I believe they left a message on my answer phone at work. It was so unclear I deleted it. All I could hear was Restons...Am I worrying unnecessarily? I am just having an anxious weekend!

[Sapphire]

Re: Reston Solicitors

Send them a telephone harrassment letter, basically it tells them to behave and do all communications in writing, the letter is somewhere in the templates hun, I can't access it at the moment as am on my ipad and can only just do this without finding stuff, not that IT savvy i'm afraid, but I'm sure one of the others will find it for you and post on here, in fact send the letter to all your creditors at least you will get peace from phone calls whilst you get sorted, and stop worrying they are numpties.

[labman]

Re: Reston Solicitors

This is the first of a series,so we can go further if they carry on.

Dear Sir,

Your Ref: abc123

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have requested that these stop both verbally and in writing, yet am still receiving calls. I would reiterate my previous request for your compliance with my rights under the OFT Debt Collection Guidelines, for all further correspondence to be made solely in writing for the avoidance of doubt.

I believe your continued harassment by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading. This would make you liable to a substantial fine and/or other sanctions as they see fit.

Any further telephone calls from your company may be recorded and used in evidence. I demand that this harassment to cease immediately.

Yours faithfully,

[singlemom]

Re: Reston Solicitors

Thank you guys. I have a highly pressurized job and the last thing I want to do is start worrying at work.
I think I have a genuine Restons phobia. It is my own fault. I read some negative points about Restons how they can bully people. So it has started off anxiety again. I rent privately which is an added advantage I guess.
However, when I received that telephone call it freaked me out. It was on my answer machine and all I could l hear was my name pronounced incorrectly, Restons and a reference no. Spontaneously, I deleted it. However, in retrospect I should have kept it to double check.
Thank you for the template.

[Bill-K]

Re: Reston Solicitors

I just want to say this, if I may ma'am. PLEASE do not think that Restons are going to kill you. Drastic, I know, but we can so easily find ourselves thinking that we have got the worst of the Devil's horsemen after us when we google the name of our pursuer. I could list LOADS of other names that would yield a similar result - so I won't !!!

The fact is that these critters are ALL much the same. They thrive on making peeps like us believe they know exactly what they are doing. But peeps like us are getting wise to that - as you are. Treat them with the respect that The Law gives them - but with the contempt that they deserve. The guys here know where the line is, and you'll be OK - it's all "sabre-rattling."

[singlemom]

Re: Reston Solicitors

My latest correspondence from Restons states "We have forwarded your SAR to your client. We do however, require your proposals for the settlement of this account to be returned to our office by 13th December 2012"
I am actually surprised by this comment as I am disputing it. I am also surprised by their ability to compose letters. My first letter was a one liner asking me to pay 6000 pounds by dialing a direct line number. It did not even state who the creditor was!!!!!!! It gave an obscure reference number which meant nothing to me.

[QCKate]

Re: Reston Solicitors

My latest correspondence from Restons states "We have forwarded your SAR to your client. We do however, require your proposals for the settlement of this account to be returned to our office by 13th December 2012"
I am actually surprised by this comment as I am disputing it. I am also surprised by their ability to compose letters. My first letter was a one liner asking me to pay 6000 pounds by dialing a direct line number. It did not even state who the creditor was!!!!!!! It gave an obscure reference number which meant nothing to me.

I hope there incompetence will give you some comfort........................................... .

QCK

[singlemom]

Re: Reston Solicitors

Arrow lost the first cheque I sent them for the SAR. However, I received a letter yesterday they are in receipt of 2nd cheque I have sent. Just for interest if they cannot supply the documentation within 40 days (request for SAR was sent end of October) where do I legally stand?

[Bill-K]

Re: Reston Solicitors

Keep an eye open for that cheque being cashed later, as I suspect it was only 'lost' because it suited them.

Technically, if they do not supply the data within 40 days, they are in breach of the Data Protection Act (DPA) for non-compliance with a DSAR. In practice, this often happens, and I think it is best to just keep reminding them that they are in breach, and this will not be seen as favourable to them if they are threatening you with litigation themselves. Very often, they will supply SOME data, and you may have to keep badgering them to supply the rest - whilst continuing to remind them that their conduct is whittling away at their chances of getting a court to rule in their favour.

You can make a complaint to the Information Commissioner's Office (ICO) about this, and it may make them shift their @$$es, but I feel that the first option is better, as it shows them that they are likely to lose money if a court rules against them. If they are in breach of the DPA, then it is not a good option to pursue a debt via the court. A bit like a mugger saying "Bbbbbut...she pinched my knife, guv'nor - that's not allowed in the Queensbury Rules."

[ruthie59]

Re: Reston Solicitors

Hi,

I have received a letter from Restons this morning which says that they are acting for their client, Arrow Guernsey and informing me that I have to pay a balance of £1,200 to them and enclosing an income and expenditure sheet sheet for me to fill in. It also states that the account has been 'pre selected by our client for litigation'.

There are no details to whom the supposed debt is owed and I have no intention of either paying them or filling in their I/E form as I believe the only person who can request this is a judge.

I am about to write to both Restons and Arrow Global asking them to provide absolute proof that the debt exists.

Has anyone else had a similar experience with them?

Thanks

Ruthie

[FlamingParrot]

Re: Reston Solicitors

Hi,

I have received a letter from Restons this morning which says that they are acting for their client, Arrow Guernsey and informing me that I have to pay a balance of £1,200 to them and enclosing an income and expenditure sheet sheet for me to fill in. It also states that the account has been 'pre selected by our client for litigation'.

There are no details to whom the supposed debt is owed and I have no intention of either paying them or filling in their I/E form as I believe the only person who can request this is a judge.

I am about to write to both Restons and Arrow Global asking them to provide absolute proof that the debt exists.

Has anyone else had a similar experience with them?

Thanks

Ruthie

First of all, do you know what this debt relates to? Restons and Arrow are both very trigger happy so you need to stay on your toes. You are right about the I&E form, only a court can make you fill one in so don't worry about that. From what I have seen, Arrow and Restons are not as fond of aimless fishing expeditions as others.

Have you ever got a notice of assignment to Arrow for any of your debts? If the letter has no details as to the debt, send Restons a 'prove it' letter:

Dear Sirs

Reference

You have contacted me regarding an account you claim is owed by myself. I have no knowledge of any such debt. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

Yours faithfully,

Send a copy of the letter to Arrow as well. As this pair are fond of litigation, I'd send it recorded delivery so you can have proof. Sign the letter using a computer font rather than your own signature. Do post up here when they reply or you hear anything from either Arrow or Restons.

[ruthie59]

Re: Reston Solicitors

Hi, Flaming Parrot,

Thanks for your reply.

I have absolutely no idea what the debtis for and have never even heard or received any communication from either Restons or Arrow Global until Saturday.

I will send a copy of your letter, recorded delivery to both of them and keep you posted.

Many thanks,

Ruthie