Just joined, Need help with Restons

[Timmeh99]

Good evening.
I have stumbled across you guys trying to figure out what to do with a letter and a phone call I got from Restons Solicitors. I hope I found the right place to ask.

I got a letter on July 25 2012 about a debt owed to Arrow Global for £1037.36

I have no idea who arrow global are, so assumed they had bought an old debt of a lloyds TSB/American Express credit card, which is the only credit card I have ever had that was near the figures on the letter.

I defaulted on the card well over 6 years ago now, as I have been viewing my credit report and watched it drop off the bottom into the unknown.

The letter from Restons is saying it has been pre-selected for appropriate action, which may include County Court.

They also say I can enter a payment plan, and have included a Incoming and Outgoings form for me to fill in, which I haven't obviously.

This evening I got a phone call from them, I have no idea how they got my landline number, as the only time I ever write it on a form is for the DWP, or work related.

Can anyone advise me on what to do?

I am slightly tempted to write to them to them with a Subject Access Request letter, to figure out what the debt is and the age of it, in case it is not the one I am thinking of.

If you need to know more details, please just let me know. I can scan in the letter and of my credit file if that's of any help

Many thanks in advance.

Tim

[Inca]

Re: Just joined, Need help with Restons

Hi and to LegalBeagles...someone will pop by to help you

[charitynjw]

Re: Just joined, Need help with Restons

Hi Timmeh99, & welcome.

If you could scan the details, that would help.

Remember to blank out personal details (but don't deface the original copies)

[labman]

Re: Just joined, Need help with Restons

I think asking them to tell you what the debt is should be your starting point. You don't need a SAR for this though. The following will do the trick:


Name/Address:

Date:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we 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 or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we 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.

I/we look forward to your reply.

Yours faithfully

[Timmeh99]

Re: Just joined, Need help with Restons

Thank you ever so much for your replies. When they called I did not confirm who I was, and told them as I didn't know who they were they should contact me by writing if I was the person they were looking for.

I will scan in the letter ASAP and get it posted.

[Timmeh99]

Re: Just joined, Need help with Restons

Hi Timmeh99, & welcome.

If you could scan the details, that would help.

Remember to blank out personal details (but don't deface the original copies)

I hope I managed to attach the file correctly. I blanked out the end of the reference as I guessed it wasn't needed.

Shall I still send the letter posted above?

[labman]

Re: Just joined, Need help with Restons

A typical initial letter, and a 'Prove It' letter is the irght track to take IMO. Until they reply or communicate further, you have nothing to say to them.

Make sure you get at least Proof of Postage for the letter. :beagle:

[charitynjw]

Re: Just joined, Need help with Restons

Hi Timmeh99,

You state in your first post that you have no idea who Arrow Global are.

Didn't you receive a Notice of Assignment dated circa the time they bought the alleged debt?

[Timmeh99]

Re: Just joined, Need help with Restons

I never got a "notice of assignment" letter, but I had moved out of the address. A relative still lived there so I did have access to mail that arrived for me, but do not remember ever getting one. It is possible they opened it and had thrown it away as they suffered from dementia.

I have just printed out the letter suggested by labman.

Thank you guys ever so much for all your help.

[labman]

Re: Just joined, Need help with Restons

In that case, the only way you would find out is via a SAR, but I would still send a Prove It letter first. You might get the NOA as part proof.

NB My Mistake! I stated you needed to send a £1.00 fee with this letter - you don't. I've edited the original post, but want to make sure you pick up on my mistake - sorry! :tinysmile_kiss_t4:

[Timmeh99]

Re: Just joined, Need help with Restons

Thank you ever so much!

I sent just the letter to them.

I will post as soon as u get a reply. Thank you ever so much for your time. I have no clue on how to deal with this at all.

If the debt is over 6 years old, does that make it any easier for me dealing with these people?

[labman]

Re: Just joined, Need help with Restons

If the debt is over 6 years old, does that make it any easier for me dealing with these people?

It might, it depends what has happened with regard to acknowledgement or otherwise of the debt in those six years. Have you made payment or acknowledged the debt during the six year period?

[Timmeh99]

Re: Just joined, Need help with Restons

It might, it depends what has happened with regard to acknowledgement or otherwise of the debt in those six years. Have you made payment or acknowledged the debt during the six year period?

Dont remember making any payment or any form of acknowledgement to anyone. I obviously got a few letters from American Express. But after that I buried my head in the sand and ignored it. Then stopped getting letters, which is why this one was a bit of a shock. Just purely from the age of the thing.

[labman]

Re: Just joined, Need help with Restons

If there has been no acknowledgement in writing or payment towards the debt since the cause of action (normally the issuing of a default notice) for a period of 6 years, then the debt becomes Statute Barred.

However, we're miles ahead of ourselves here, as we don't even know what the debt is yet.

[charitynjw]

Re: Just joined, Need help with Restons

If there has been no acknowledgement in writing or payment towards the debt since the cause of action (normally the issuing of a default notice) for a period of 6 years, then the debt becomes Statute Barred.

However, we're miles ahead of ourselves here, as we don't even know what the debt is yet.

...............or which country.