Letter from Restons Solicitors

[Deeb]

Hi, If anyone could give me some advice i would be very grateful. I've received a letter from Restons Solicitors, dated Wednesday March 8th but only received today Saturday March 11th.

'Dear Madam,

Re. Capquest Investments Ltd v Yourself
Acc. No. XXXXXX - Current balance £304.32
Original Creditor: Shop Direct Mail Order

We act on behalf of Capquest Investments Ltd who has referred your account to us for legal action. This means that we are instructed to issue court proceedings against you. Our client is prepared to consider the repayment of the balance by instalments. Please complete the enclosed financial statement with confirmation of your offer and return it to us no later than Monday March 20th. Our client may be prepared to accept a short settlement of the balance. If you think you can afford to pay a substantial lump sum contact us on 01925 426100 when you will be asked to provide further details of your financial circumstances.'

I'm scared to death of filling in financial statements as they want all the details of my place of employment. If they contacted my work it would be very bad. What do you think I should do?

P.S. According to my credit file the only debt I have with Capquest is for £172, not £304 which defaulted in Oct 2011.

[MIKE770]

Re: Letter from Restons Solicitors

no financial statement to them whatsoever

[Deeb]

Re: Letter from Restons Solicitors

Thanks. Should I reply at all or just ignore it? Or should I ask for a CCA?

[MIKE770]

Re: Letter from Restons Solicitors

use a letter before action

- - - Updated - - -

could send the CCA1974 recorded delivery for starters.

[charitynjw]

Re: Letter from Restons Solicitors

Imho

As [MENTION=3599]MIKE770[/MENTION] says, don't send them an I&E, or in any way acknowledge the debt.
But it's a letter 'before claim'; you ought to respond.
If it were me, I'd play 'dumb' for now.

"Thanks for your recent letter of (date)....sorry, can't find any details which correspond with the info provided.
In order to investigate, please send a copy of the original agreement plus T&Cs, together with a detailed breakdown of the stated amount owed"

Something like that.

[Deeb]

Re: Letter from Restons Solicitors

Thank you very much for your help, I'll do as you've advised.

[charitynjw]

Re: Letter from Restons Solicitors

If they do issue a court claim, you can post back here. (This thread would be fine).

[Deeb]

Re: Letter from Restons Solicitors

Update _ I've had a reply from Restons today: 'Our client is under no obligation to provide the documents to you. In any event, at the time you took out the account you should have been provided with a copy of the Credit Agreement (this was back in 2002!) and throughout the life of the account you should have received monthly statements. As such we suggest you check your own records accordingly. We now require you to make an offer of repayment, please complete the enclosed questionnaire and return no later than April 8th. if you fail to make an offer we may issue legal proceedings against you'.

Should I reply in any way?

[MIKE770]

Re: Letter from Restons Solicitors

== they are begging you to give a donation for their xmas party fund lol:breakfast:

- - - Updated - - -

usual Rectums response - keep that letter filed for possible use in court/

[Deeb]

Re: Letter from Restons Solicitors

Haha, thanks So, as I suspected, It's a load of tosh? I'll do as you said and file it away.

[charitynjw]

Re: Letter from Restons Solicitors

Well, they seem to be back-pedalling from

We act on behalf of Capquest Investments Ltd who has referred your account to us for legal action. This means that we are instructed to issue court proceedings against you.

to

we may issue legal proceedings against you

You could remind them of CPR Pre Action Protocol 6(c)

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(c) the parties disclosing key documents relevant to the issues in dispute.

https://www.justice.gov.uk/courts/pr...on_conduct#6.1

[Deeb]

Re: Letter from Restons Solicitors

That's great, thank you. I hadn't even spotted the back-pedalling, doh!

[Deeb]

Re: Letter from Restons Solicitors

I've just looked more closely at everything in the letter and noticed that, 'Capquest Investments Ltd acquired the account on or around November 1 2017'. Really??!!

[charitynjw]

Re: Letter from Restons Solicitors

How on earth could they have done so?

Hang on, I'll ask an expert.........

[Papu3430]

Re: Letter from Restons Solicitors

Hello deep whats update now of ur reston solicitor .. i am in same situation received financial statements request and date is passed out and dont know what to do.