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  1. #1
    Molly2012's Avatar

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    Default Letter of claim from Restons Solicitors

    Hey any help is much appreciated

    so I have today received a letter from Restons solicitors for pre action protocol and a blank financial statement form.

    I want to pay in instalments and not have to fill fill in this silly form but I have been advised even when I ring they will ask me to do it in the phone is there a way that I can send them a letter with an offer to pay in instalments?

    the debt is for an unsecured credit card I took out in 2014 I really canít afford to pay the full balance of £3878 so want to make an offer to pay in instalments

    your help is very much appreciated

  2. #2
    warwick65's Avatar

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    Default Re: Letter of claim from Restons Solicitors

    Hi
    I think you need to fill in the form but not the income and expenditure bit just yet and ask for a copy of the agreement. I would also send a s77-79 request.
    If they can't comply, it strengthens your hand when negotiating.

    Who owns the debt now and who was the original creditor.
    @Diana M any ideas?
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  3. #3
    cotswoldtony's Avatar

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    Default Re: Letter of claim from Restons Solicitors

    Quote Originally Posted by Molly2012 View Post
    Hey any help is much appreciated

    so I have today received a letter from Restons solicitors for pre action protocol and a blank financial statement form.

    I want to pay in instalments and not have to fill fill in this silly form but I have been advised even when I ring they will ask me to do it in the phone is there a way that I can send them a letter with an offer to pay in instalments?

    the debt is for an unsecured credit card I took out in 2014 I really canít afford to pay the full balance of £3878 so want to make an offer to pay in instalments

    your help is very much appreciated
    Hi,
    you are under no obligation in Law to fill out any financial statement/paperwork to a solicitor.
    Write a nice polite letter to Restons Solicitors explaining your financial situation is not good at this moment in time and offer what ever you feel is good for you even if it's only a pound a week until your circumstances improve in the future.
    They may write back refusing your offer.
    Fine send them another letter saying o k see you in court.
    Refusing an offer to pay means the debt is no longer owed.
    The Judge in court will be on your side because you offered all you could afford at that moment in time...tell the Judge you pay all your debts it's just a bad time for you at the moment and you have offered all you can afford until things improve.
    Normally they love helping the under dog especially if you are up against big companies like Banks.

  4. #4
    Diana M's Avatar

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    Default Re: Letter of claim from Restons Solicitors

    Quote Originally Posted by cotswoldtony View Post
    you are under no obligation in Law to fill out any financial statement/paperwork to a solicitor.
    Write a nice polite letter to Restons Solicitors explaining your financial situation is not good at this moment in time and offer what ever you feel is good for you even if it's only a pound a week until your circumstances improve in the future.
    They may write back refusing your offer.
    Fine send them another letter saying o k see you in court.
    Refusing an offer to pay means the debt is no longer owed.
    The Judge in court will be on your side because you offered all you could afford at that moment in time...tell the Judge you pay all your debts it's just a bad time for you at the moment and you have offered all you can afford until things improve.
    Normally they love helping the under dog especially if you are up against big companies like Banks.

    It appears the OP had received a Letter Before Claim under the new Pre Action Protocol which came into force on 1st October last year.

    The LBC includes a blank Financial Statement form as part of the response pack to be completed by only those who actually want to pay. It seems the OP wanted to pay and was asking the forum how to deal with the form.

    I cant agree with the advice given in your post as it could lead to the OP receiving a CCJ and potentially a Charging Order on their home if they have a property.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #5
    warwick65's Avatar

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    Default Re: Letter of claim from Restons Solicitors

    Quote Originally Posted by cotswoldtony View Post
    Hi,
    Normally they love helping the under dog especially if you are up against big companies like Banks.
    IN my admittedly limited experience Judges are not on the side of the underdog- unless you have been watching Judge John Deed or Judge Rinder
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

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