Restons issuing ccj, want to offer f&f

[Amyloo]

Good evening all, ive had a bad week.

I owe £2475 on a Ryanair MasterCard from 10 years ago, it defaulted in 2011. It was passed on to cap quest then arrow and finally restons a couple of months ago. Their letter scared me so I rang them and did a financial thing over the phone.
I am a student, 28, with an 8 month old baby. Living at home with my mum and stepdad. I don't drive/have a car or have any savings or anything of any value at all.
They agreed with me to pay £20 a month via DD and said as long as I pay they will not take me to court. Well after just one month, my account didn't have the funds and I missed the payment on Monday. It's my own fault but my partner didn't transfer me money when he shud of.
I didn't realise until Friday when I got a letter from my bank saying it had bounced. By the time I rang them (restons) they have closed for the weekend. I have now just found a letter which I had missed from Wednesday from restons saying 'this is a letter to state that this direct debit has been suspended'. I'm guessing that means they're now going through the process of issuing a ccj?
I feel sick. As you can tell from the madness of my story I've got a lot on. I would never usually be so forgetful and unorganised but it's hard at the moment.
Thing is...my stepdad has given me £1700 to try to pay off my debtors. Barclays have just accepted my offer of £465 which leaves me with £1300 for restons. I'm going to ring them on Monday...here's my questions. If I offer them £1000 will they accept? If they don't accept, can I counter offer with £1300? Or will I of ruined my chances? If they are now getting a ccj, will they accept a f&f? I offered arrow 40% last year and they said no. Do restons accept usually? I've read a lot about getting charges on the house but I don't have a house or anything at all. I'm desperate not to be taken to court. I have depression, barely hanging on to my course and an 8 month old baby, I really don't think I will be able to handle much else. I'm worried, I desperately want to know how to solve this. I literally don't have the £2475. Shall I offer them the whole £1300 and say I will pay the rest next year when my step dad gets more money? Or is it too late once court proceedings start?

thank you so much in advance for any help or reassurance you can give

[warwick65]

Re: Restons issuing ccj, want to offer f&f

First off don't panic.

have they sent you at anytime a letter before action?

When was the account opened - can you remember the exact month and year?

Who now own the debt, maybe arrow global ?

Have you ever sent a CCA request to the owners

I would not rush to make an offer just now although you may decide by the end of the weekend that is what you want to do

If you do make a full and final , be very careful how you word the letter
@Diana M @charitynjw

I am assuming you are a student on student finance so not exactly flush - I know the feeling

Remember as well, if you are a member of the students union they have advice centres that are free to access

[Amyloo]

Re: Restons issuing ccj, want to offer f&f

Thank you so much for your quick reply, I can't tell you how worried I am.
I have had a letter saying that they are working on behalf of arrow to recover moneys and have been instructed by the client to issue court proceedings. Then it said they may be willing to accept an offer or pay in instalments. That's when I got in touch. This latest letter simiply says 'we write to inform you that your direct debit instruction has been suspended until further notice. That's it.
I don't know when the account was opened.
Yes arrow global own in but won't speak to me, they tell me to get in touch with restons.
Dont know really what a cca is...no I've not sent one.

I have the money net in my acct to mae the offer, but I don't want to do something I will regret.
I am a student nurse on a bursary income of £470 a month... no not flush
surely I need to contact them on Monday morning to stop them taking me to court. Will they charge me thousands in court fines too?

Kind regards
amy

[warwick65]

Re: Restons issuing ccj, want to offer f&f

Being in debt is not a criminal offence - the amount they can charge you for issuing a claim is limited - I have a claim for about 5000 and the costs and fees are about £250 - for a lower amount it would be less. Costs are generally capped for small claim cases

This is a CCA request

Your nameYour address
Your address
Your Postcode
DATE
Creditor Name
Creditor Address
Creditor Address
Creditor Postcode
Dear Sir/Madam
Re:− Account Number xxxxxxxxxxxxxxxxxx
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
YOUR NAME

You would send it to Arrow Global at their Manchester address and include a £1 cheque or postal order . Send it royal mail signed for

I would also send a copy to Restons with a covering note along the lines of
Please find attached a copy of a request made under S78 Consumer Credit Act . This was sent to your clients today by Royal Mail
Once I have their response I will be better able to assess my position.

I was just looking back and of course you can't apply for a credit card before you are 18 so the earliest you could have applied was your 18th Birthday, is this before of after April 2007 - it may make a difference

- - - Updated - - -

I think £20 a month on your bursary is way too much to be paying but it might be worth calling them on Monday and seeing what the situation is. If you can record the call so much the better as these people often do not record correctly what has been said on the phone

[Amyloo]

Re: Restons issuing ccj, want to offer f&f

I was 18 in Jan 2007

[warwick65]

Re: Restons issuing ccj, want to offer f&f

I was 18 in Jan 2007

Well lets hope you applied for your card very soon after - it can make a difference

If they have not issued a claim on Monday it might be worth seeing if you can make a payment straight away for a small amount to stop the claim. meanwhile send the letters and wait to see what comes back.

I can't tell you what to do but just options- even if they issue a claim you can still make arrangements without getting a ccj

[Amyloo]

Re: Restons issuing ccj, want to offer f&f

ok thank you warwick65. I will send those letters monday morning and also call them. i went on to my online account of restons and paid the 20 on friday as soon as i realised what had happened. but i will ring them on monday also and see what i can do to stop them making a claim.
thank you for your help

[warwick65]

Re: Restons issuing ccj, want to offer f&f

ok thank you warwick65. I will send those letters monday morning and also call them. i went on to my online account of restons and paid the 20 on friday as soon as i realised what had happened. but i will ring them on monday also and see what i can do to stop them making a claim.
thank you for your help

Don't let them bully you into paying any more than you can afford

[charitynjw]

Re: Restons issuing ccj, want to offer f&f

Morning [MENTION=104197]Amyloo[/MENTION] & [MENTION=98117]warwick65[/MENTION]

Just a thought.
When the previous offer (40%) was made, was this via letter or telephone?
Their desk jockeys don't have the authority to make that kind of decision.

[Amyloo]

Re: Restons issuing ccj, want to offer f&f

phone. now i feel silly. i will write a full and final offer tomorrow and send them that too. thanks

[charitynjw]

Re: Restons issuing ccj, want to offer f&f

Hi Amyloo

If you do write, head the offer 'Without Prejudice Save As To Costs'
Also bear in mind that they will have paid 10% or less for it, so start low.
It also is a good idea for the offer to come from a third party (trusted relative or friend) even if you have available funds yourself.

[Amyloo]

Re: Restons issuing ccj, want to offer f&f

ok guys, ive just got off the phone.
First i phones Restons who said they have re-instated my DD instruction and the next one is due in August. I said a family member has offered me some money to settle my account and she asked how much and i said £1000 and she said 'we're under instruction from our clients to collect the full balance.' she kept repeating this over and over so i said 'yes i understand that, can you answer with a yes or no if you can accept anything less' and she said how much are you offering? so i said i just offered you £1000 and she put me on hold for a sec then came back and said her line again...'were instructed blahblahblah'. she said they would take the £1000 towards the balance and i told her i wont be lent the money under those conditions, said that im going to write a cca request to arrow which i will forward on to you and make an official offer in a letter. she said she would 'note our conversation on the account'.
Then i phoned Arrow who tried to say i have to speak to Restons. Then i had a little breakdown and said this has been going on for years and its effecting my mental health blah blah i have £1000 to offer to settle the account, you say i have to speak to restons and restons say theyre under your instruction not to accept any less. i asked how much they paid for the account, she wouldnt tell me. i asked how much restons brought the account for and she said they didnt pay for it. THEN she got all nice and helpful and said she can see that i took out the credit card september 2008 (so warwick i missed that date huh?). she said that Restons issued me letter before action letter in April this year. so she said basically i should go and get some help from debtline etc because 'the likelihood is that something is going on behind the scenes'. She also suggested i phone back Restons and if i get an obstructive person, try to talk to a manager who may accept less. but she said if they are going through the process of issuing a ccj then they wont accept a F&F.

is that true? if they're trying to issue a ccj against me then will they not accept a F&F? im so worried about the court thing but my partner says let them i havent got any money anyway. my stepdad said use the money to pay off a chunk then when he gets his bonus in december he will give me the money to pay off the rest. (ive got a really nice stepdad, who really isnt well off but really wants to help). how can i agree a F&F if they just want it all? why did she come back and ask me 'what my offer is' if they wernt going to accept anything? I offered £1000...more than 40%...they didnt accept