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Hi. I'm looking for some advice on where to go next with my battle with these lowlifes!! Many years ago myself and my ex had a loan from CitiFinancial. All was going great until I was paid off from my job due to company closure then me and my partner split up. Unfortunately the loan was in my name and I tried my best to keep up with repayments but ultimately I was fighting a losing battle! The loan was taken out in 2004.
Over the years I've had various threatening letters from Cabot Financial who the debt was sold to but I have never responded to them, until at the beginning of July 14 I received a letter off Marlin Financial saying as Cabot had not had any response to their requests for payment, my account had been passed to Restons Solicitors. Of course I received the letter from Restons and boy what a letter it was! Simply put it basically stated that they were seeking immediate payment of the outstanding balance of £4,082.26 or they had instructions to issue a claim against me in the County Court. A questionnaire was enclosed for me to fill in regarding my financial situation. I did not fill this in and return it!!
Someone advised me about Legal Beagles some i had a look around youre site and found enough information to spur me on to send a written request on 10 July to Marlin for a Copy of my Original Credit Agreement and Statements. I included the obligatary £1 fee. I also sent a letter to Restons asking them to put a hold on any claim as there was a dispute on the account and i also enclosed a copy of my letter to Marlin.
On the 15th July Marlin sent me a letter stating they had very little info of me on file and had sent a request to Cabot for the Credit agreement and Statements. I also received a letter off Restons dated 30th July saying the matter had been put on hold until they heard from their clients!!
Well today 24th September i received a letter from Marlin with a Copy of my Credit Agreement from the original creditor CitiFinancial but it states that CitiFinancial have confirmed that Statements for the above account are unavailable!! Please direct all future correspondence to Restons!! So where does this leave me? I have no proof of when the account went into default although I reckon it was about 2005/6 which would make the account Stat Barred anyway as I have made no payments to it and how can a debt collection company demand money from someone when they have no statements of the account to prove how much the person actually owes. I would greatly appreciate some help please as to what my next move should be with Restons as I really don't want it taken to Court. Thanks
Over the years I've had various threatening letters from Cabot Financial who the debt was sold to but I have never responded to them, until at the beginning of July 14 I received a letter off Marlin Financial saying as Cabot had not had any response to their requests for payment, my account had been passed to Restons Solicitors. Of course I received the letter from Restons and boy what a letter it was! Simply put it basically stated that they were seeking immediate payment of the outstanding balance of £4,082.26 or they had instructions to issue a claim against me in the County Court. A questionnaire was enclosed for me to fill in regarding my financial situation. I did not fill this in and return it!!
Someone advised me about Legal Beagles some i had a look around youre site and found enough information to spur me on to send a written request on 10 July to Marlin for a Copy of my Original Credit Agreement and Statements. I included the obligatary £1 fee. I also sent a letter to Restons asking them to put a hold on any claim as there was a dispute on the account and i also enclosed a copy of my letter to Marlin.
On the 15th July Marlin sent me a letter stating they had very little info of me on file and had sent a request to Cabot for the Credit agreement and Statements. I also received a letter off Restons dated 30th July saying the matter had been put on hold until they heard from their clients!!
Well today 24th September i received a letter from Marlin with a Copy of my Credit Agreement from the original creditor CitiFinancial but it states that CitiFinancial have confirmed that Statements for the above account are unavailable!! Please direct all future correspondence to Restons!! So where does this leave me? I have no proof of when the account went into default although I reckon it was about 2005/6 which would make the account Stat Barred anyway as I have made no payments to it and how can a debt collection company demand money from someone when they have no statements of the account to prove how much the person actually owes. I would greatly appreciate some help please as to what my next move should be with Restons as I really don't want it taken to Court. Thanks
If you haven't paid or acknowledged the debt since 2006, this would be well and truly statute barred, regardless of the validity of the CCA. :clap2:
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