Restons - bunch of amateurs!!!

[FlamingParrot]

Re: Restons - bunch of amateurs!!!

Sorry I got that wrong - it's Arrow, not Apex, that Restons are acting for.

Strangely, when I speak to Arrow they say they have now passed on the debt, yet Restons keep telling me they need to take advice from their client (Arrow) before answering my questions!

Such is the nature of client-lawyer relationship! :grin: Actually Arrow are the ones who take legal ADVICE from Restons who are solicitors acting for them, Restons have to take INSTRUCTIONS from their client.

I said to them that next year (April) I am going to be in a position to clear my debts completely and would pay £5 per month and come to a settlement agreement then. Answer was no. I asked them why they wanted to take me to Court and they said to get a charge on my property.

You have to give them marks for honesty! :lol: :lol: :lol:

I said to them that if that's their intent then I would agree to a charge without going to Court. They said no, it has to go to Court (complete rubbish!).

A voluntary charge is possible but only advisable in desperate situations, such as when you are fighting a bankruptcy petition. Otherwise why would you want to voluntarily secure an unsecured debt? :confused2:

I have requested it several times. My boss wrote a letter for me too. They are saying they won't supply it to me unless I pay the fee (which I already have to Arrow) and my solicitor said that if they are threatening court action then I shouldn't be paying any such fee anyway as I will need to see the documentation should that happen.

Looks like we are talking about TWO SEPARATE letters here, which are very different:

• The CCA request under ss.77-78 of the Consumer Credit Act always has a £1 fee and can be sent at any time during the life of the account as long as there's a balance outstanding and no judgment had been obtained. You can only use this letter to request a copy of a credit agreement regulated under the CCA and any documents associated with it, terms and conditions applicable during the life of the account and a statement of account. The CCA request is sent to the CREDITOR rather than the solicitors acting for them.
• When there is a threat of legal action, you should respond with a letter in accordance with the Practice Direction pre-action conduct, part of the CPR. There is no fee payable for that letter and, more significantly, it's not restricted to requesting a copy of your credit agreement. You can also request other documents that would be relied on if a claim was issued. I've posted quite a few of them, some aimed at Restons themselves, you'll find an example here: http://www.legalbeagles.info/forums/...344#post577344 In that letter you make reference to the CCA request you'd have sent to their clients but the letter is sent to the SOLICITORS who are threatening legal action.

Non-compliance with a CCA request is a bar to enforcement, perhaps that's why they've not taken you to court. :grin: :grin: :grin:

They are so nasty though - when I told my solicitor that I'd offered them a charge up until next year when I could come to a settlement, they said no, it HAD to go to Court. What a load of tosh! My solicitor said that if it went to Court and the judge knew you'd offered them outside of the Court what they were taking me to Court for they would not be happy!

It's just them saying they have to go to Court to wrack up legal fees to add to it.

I wouldn't be mentioning that again! :tape2: :tape:

[Pinkraven]

Re: Restons - bunch of amateurs!!!

No it's no longer on offer - I offered, they said no. End of. They had their chance. The judge (if it ever gets to Court) can see what I've offered and I can't see him/her ruling in favour of Restons when I've done everything, including offering what they are taking me to Court to enforce, to comply.

As for the charge, I offered once only to try and stop a CCJ. I work in bankruptcy/insolvency and I can't have a CCJ against me in this job.

Thanks for your post - made me laugh (Well, by that I mean the little icons)

[FlamingParrot]

Re: Restons - bunch of amateurs!!!

No it's no longer on offer - I offered, they said no. End of. They had their chance. The judge (if it ever gets to Court) can see what I've offered and I can't see him/her ruling in favour of Restons when I've done everything, including offering what they are taking me to Court to enforce, to comply.

As for the charge, I offered once only to try and stop a CCJ. I work in bankruptcy/insolvency and I can't have a CCJ against me in this job.

I spent many years working in the financial sector so I know what it's like, even a default is enough to stop you from getting a job! :Cry:

A lot of people on here have been able to settle claims they can't successfully defence using a Tomlin order to stay proceedings as long as they keep making payments. :thumb: It's only a last resort because they can apply for summary judgment if people don't keep up their agreed repayments, but it has saved quite a few people in similar circumstances from having a CCJ.

Thanks for your post - made me laugh (Well, by that I mean the little icons)

Just trying to add a little spice to what's otherwise a rather dry subject.

[Pinkraven]

Re: Restons - bunch of amateurs!!!

Well my solicitor has told Restons that they do not need authority from her client to deal with them and they should know that as they are both solicitors and any more wasted time will result in her going for an order for costs which they are needlessly incurring.

Now to await the response to her earlier letter!!

[Pinkraven]

Re: Restons - bunch of amateurs!!!

SUCCESS!!!

They have agreed to stop any proceedings and take £5 per month to be reviewed next year. I bet they hated that!

Funny though, they have completely ignored the fact that I have been asking for over a year for my original paperwork - even though that was part of our argument they seem to have selectively forgotten about that!

Still, a plus for me!

K x

[Amethyst]

Re: Restons - bunch of amateurs!!!

Well done, you've got what you set out to do

Anyway it is still ongoing - the offer to pay £5 per month and clear up the total balance (which is only just over £2k so no big amount) next Spring.

I'd still put a formal CCA in request in to Arrow, probably a couple months before the end of the agreed period for payments - just in case anything doesn't come off in April to enable you to settle the full amount and you have to go through all this again.