Restons/Arrow - Advice Needed ASAP!

[Bazaar1]

Hi All, I'm new - so be nice to me please!!

I got myself in a pickle about 10 years ago, paid some debt off, others I ignored (I know, I know). Everything has gone from my credit rating now - all defaults (there were no ccjs AFAIK) etc. I looked into PPI refunds with Halifax - I was 18 when I signed the CA and was working in a shop 8 hours a week. They rejected it (thats another issue that I'm tackling) but in the same post comes a letter from Restons re: Arrow Global for £2068.86 saying they have pre-selected me for court action. I can't remember but I suspect the halifax card balance was about that. Now from my investigations I believe the account to be statue barred - way more that 7 years have gone by since any contact or payment from me, and they are not showing any outstanding defaults etc. I was under the impression that PPI claims don't affect it if its already been time barred.

So - have I made a big mistake in contacting them, does it 'undo' the time barred status? or are they just trying their luck, in which case what do I send back to them (any point to templates etc would be gratefully received). I've heard horror stories about Restons pursuing these debts in courts and I can't face that, so really need to sort it asap. (It may not be halifax, as I believe my MBNA card was also around there, but it just seemed strange that they arrived in the same post delivery and I'd not heard anything about any debt for years)

[charitynjw]

Re: Restons/Arrow - Advice Needed ASAP!

Hi Bazaar1, & welcome to Legal Beagles.

Have you received a Notice of Assignment (a goodbye from the original creditor/ hello from GA) at any time?

Have you submitted a s78 request?

Any chance of posting up Reston's letter, & any other original documentation you may have? (Obscure all personal details first, but don't deface the original copy)

[Bazaar1]

Re: Restons/Arrow - Advice Needed ASAP!

Hi Bazaar1, & welcome to Legal Beagles.

Have you received a Notice of Assignment (a goodbye from the original creditor/ hello from GA) at any time?

Have you submitted a s78 request?

Any chance of posting up Reston's letter, & any other original documentation you may have? (Obscure all personal details first, but don't deface the original copy)

Hi!

thanks for the reply. I haven't received anything for years, they may have sent me something to say the debt was sold on back when I was avoiding everything by sticking my head in the sand, but I haven't got any paperwork any more. I've lived in my current address for 5 years and this is the first thing I've had from any old debts in this time.

I'll see if I can post it up.

edit: s78?

[Bazaar1]

Re: Restons/Arrow - Advice Needed ASAP!

this is it:

[charitynjw]

Re: Restons/Arrow - Advice Needed ASAP!

edit: s78?

http://www.legalbeagles.info/forums/...y-of-Agreement

This is the gist of it, though in your particular case, if it were me, I would add that I cannot confirm or deny knowing about the alleged
debt, which is the reason for the request.

Alternatively, you could SAR them.

[Bazaar1]

Re: Restons/Arrow - Advice Needed ASAP!

Hi all, me again, thanks for the help above.

I sent them a letter stating that the account should be statute barred, and included the tag line about not acknowledging the debt. I've also seperatley sent them a request for the credit agreement as above.

They replied to the first letter today, stating it IS the halifax account, and that its not statute barred as I made a payment of £20 on 11th Sept 2008. I've checked both accounts and no payment was made (as I knew it wouldn't of been, at that point I was heavily pregnant and on statutory maternity pay, so there's no way I'd of made a random payment to a debtor) - so what now?

Do I wait for the CA to come? Do I send a letter back to ask them to prove the payment? I did not have a chq book then, just a basic debit card, so will be interesting to see how they say the payment was made?

[charitynjw]

Re: Restons/Arrow - Advice Needed ASAP!

If it were me, as they have raised the spectre of litigation, I would write back, neither confirming or denying the alleged debt, & requesting under Civil Procedure Pre-action Protocol ALL documentation which they have on this, including but not limited to copies of the original documentation, proof that the alleged £20 payment was made by you, & also any information which they hold may be detrimental to their case.
& I would get proof of postage.