Restons Solicitors - Letters Received

[Disciple of Nagash]

Hi,

I received two letters today from Restons Solicitors, which after looking around appear to be in the business of debt collection? They have exactly the same reference so I am not sure why there was two letters, I would have thought that two debts would be registered under different references.

I believe the debt is likely related to a default I had about 8 years ago with Yorkshire Bank (messy divorce, I ended up with no assets but all the debt).

I understand that under the statute of limitations, they cannot enforce the debt, however my only concern is that around 4-5 years I was contacted, and at the time I made a few £10 payments. As I was unemployed at the time I couldn't keep up with it, however does this cancel out the statute of limitations as to when the debt was originally registered? I know from my credit reports they have classed it has no longer valid?

The letters from Restons are purely looking to confirm if I live here at the moment. I was planning on not responding and see what happens next - is this the right course of action?

If they do respond stating I owe them outstanding debt as above, what would be the recommended course of action?

Many thanks

[Nibbler]

Re: Restons Solicitors - Letters Received

Assuming you are in England/Wales/NI....

Payments within the 6 years limitation period 'reset' the clock so to speak, meaning the cause of action can be treated as having accrued on the date of the payment.

So as you paid 4-5 years ago, and that would have been 3-4 years after the previous last payment or acknowledgement, then this debt would never have been statute barred, and still has 1-2 years left since that last payment before it becomes so.

The record of the debts would drop off your credit report 6 years after the recorded default date, but that does NOT make the debt is 'not valid'.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

I see - thank you for the information.

Is the course of action I am following correct - should I wait to see what they do next?

An additional question, I understand they may ask me to fill in a questionnaire regarding my current financial situation. Am I within my rights to refuse to provide such private details, and if I offer to pay a monthly amount (for example £30 to be paid by standing order on the same date each month) do they have the right to refuse?

[Kafka]

Re: Restons Solicitors - Letters Received

Was there one debt or two and what were they for?

If they were credit cards or loans then they would need to produce the original agreement to be able to enforce the debt, so you could check with YB to see what documentation they hold. That would require you sending them a SAR and the fee of £10. It will also reveal the penalty charges added on to the account that don't form part of any legitimate debt.

Who does Reston say they are working for, ie who is the current owner of the account?

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

As of yet they have not said anything. Only that they are looking for me and would like to know if I live at this address.

Certainly if they do state they have a debt then I will do as suggested (appreciate the advice), but as of yet they haven't given any particulars nor have I contacted them.

EDIT: Sorry, the debts were for a loan (approx 4K) and an overdraft (approx £600).

[Kafka]

Re: Restons Solicitors - Letters Received

The loan might be contestable as its a regulated agreement, but the overdraft not. I still recommend that you send SAR to YB so that you are prepared for any action they take and know your options in advance.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Sorry I'm a little confused. As of yet they haven't sent any requests for money etc. Only asking if I live at this address.

Should I wait to see what their next letter says (if they send one) or should I preempt this by sending the document you suggested?

[Kafka]

Re: Restons Solicitors - Letters Received

The SAR doesn't go to them but to the original creditor. That's why I suggested you should send for the data now, as they have 40 days to respond. and Restons will be fishing for legal options but this can provide you with all the data on these accounts in advance.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Sorry for asking again, but I just want to make sure I have everything clear in my own mind before taking action:

Send SAR to original creditor - the problem is that I am not 100% sure if this does relate to my old bank. Whilst I received two letters, they both have exactly the same reference, so it is possible they are referring to one debt? Also I haven't heard anything from the bank in 8 years so I would not be sure if they still owned the debt or who to contact. Would it still be right to send them the SAR, and if so is there a template as I can't find it in the template section?

In the meantime, in regards to Reston however I should wait for their next move?

Thanks again for all your help, I really do appreciate it.

[Kafka]

Re: Restons Solicitors - Letters Received

You have a problem if you don't know what account/s this relates to.

If it is YB then they are obliged to send you all personal data they hold on you, regardless of how many accounts you had with them. If they say they have destroyed it all after the 6 years then you know that Restons can't get anything from them.

Personally I always the £10 for SAR is a good investment and I'd let restons go whistle. :whistle:

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

You have a problem if you don't know what account/s this relates to.

If it is YB then they are obliged to send you all personal data they hold on you, regardless of how many accounts you had with them. If they say they have destroyed it all after the 6 years then you know that Restons can't get anything from them.

Personally I always the £10 for SAR is a good investment and I'd let restons go whistle. :whistle:

Thank you, and one final question

If YB have destroyed all my info (which is likely due to them only need to keep data for 6, not 8 years), does this mean the debt cannot be enforced. Or if they sold it on to another company (with the info), and then destroyed their own records, can it be enforced that way?

[Kafka]

Re: Restons Solicitors - Letters Received

If the original creditor no longer holds any data on the accounts then its hard to see how anyone can mount a legal claim against it. Having said that, Restons obviously have something to base their enquiry on so that begs the question what that is and indeed, if this enquiry actually relates to something else.

I suggest you send SAR to YB and lets see what that says. Don't respond to Restons if they are only on a fishing trip.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Thank you again. I will contact Yorkshire Bank to confirm where I should send the SAR, I'll hunt around and see if I can find a good template.

[Kafka]

Re: Restons Solicitors - Letters Received

http://www.legalbeagles.info/forums/...otection-Act-)

As I recall their HQ was at Clydesdale Bank in Scotland (their parent company) but hope someone else can confirm for you.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Thanks. I called their customer services and they gave me their HQ address.

As for the letter, I got this template:

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges for any accounts relating to the above information held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account and any products was opened / agreed, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by Yorkshire Bank, (a trading name of Clydesdale Bank, a subsidiary of the National Australia Bank Group) about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.