Restons Solicitors / Arrow Global Limited

[CMP]

Hi,

So a week or so ago I receive a letter from Restons Solicitors acting on behalf of Arrow Global Limited, regarding a debt owed to HFC that was taken out in 2001. This debt in my mind is statute barred no payments have been made towards it and it was never acknowledged for a 6 year period, and it no longer appears on my credit record.

This evening I get a phone call from a someone at Restons solicitors asking for payment, I told here the debt is statute barred. She said a payment was made in 2010 for £273. I told her this wasn't me and wasn't likely to be someone else. I told her I wasn't making any payment, she told me she would get further instruction from her client and the call ended there.

Now I've had time to think about this supposed payment, I think I know where this figure has come from. I few years ago when checking my credit file I saw I had a CCJ on there which I think was for £273. (I can't be sure without the person who paid it for me looking at their statements). It sounds like it could have been in 2010 as well.

Now when I rang up to pay this off at the time, the DRA (Not Arrow) who dealt with it had 2 debts of mine. The one that was a CCJ and the other which I now think was the HFC loan. I only paid the CCJ off, and ignored the other, as that one was not on credit file.

So what I think Restons are trying to do here is claim that me paying off this unrelated debt, although it is with the same DRA is counting towards payment of the HFC loan that they are now chasing me for.

Where do I stand here exactly? So I can be ready if they contact me again.

Thanks.

[CleverClogs]

Re: Restons Solicitors / Arrow Global Limited

Now I've had time to think about this supposed payment, I think I know where this figure has come from. I few years ago when checking my credit file I saw I had a CCJ on there which I think was for £273. (I can't be sure without the person who paid it for me looking at their statements). It sounds like it could have been in 2010 as well.

For the avoidance of doubt - you did not pay it yourself, but someone else did?

Where do I stand here exactly? So I can be ready if they contact me again.

Sit down and rest, as the CCJ for £273 is unlikely to have been the HFC loan. No creditor would sue for merely a payment or two - they'd claim the lot.

Moreover, if the debt to HFC was SB in 2009 - and was not the subject of any CCJ - then the debt remains SB now and for all time or, at least, until the universe loops back into its own arsehole. When that happens, all bets are off.

[Gorang]

Re: Restons Solicitors / Arrow Global Limited

So a week or so ago I receive a letter from Restons Solicitors acting on behalf of Arrow Global Limited, regarding a debt owed to HFC that was taken out in 2001. This debt in my mind is statute barred no payments have been made towards it and it was never acknowledged for a 6 year period, and it no longer appears on my credit record.

Can you remember what amount was due on the HFC account roughly

Was it more than the £273

[FlamingParrot]

Re: Restons Solicitors / Arrow Global Limited

So a week or so ago I receive a letter from Restons Solicitors acting on behalf of Arrow Global Limited, regarding a debt owed to HFC that was taken out in 2001. This debt in my mind is statute barred no payments have been made towards it and it was never acknowledged for a 6 year period, and it no longer appears on my credit record.

This evening I get a phone call from a someone at Restons solicitors asking for payment, I told here the debt is statute barred. She said a payment was made in 2010 for £273. I told her this wasn't me and wasn't likely to be someone else. I told her I wasn't making any payment, she told me she would get further instruction from her client and the call ended there.

Moreover, if the debt to HFC was SB in 2009 - and was not the subject of any CCJ - then the debt remains SB now and for all time or, at least, until the universe loops back into its own arsehole. When that happens, all bets are off.

The main point here is, when did YOU last make a payment? The loan was taken out in 2001 and an alleged payment made in 2010, however, did you make ANY payments towards the loan after 2001? That's the crucial question with regards to the above.

Now I've had time to think about this supposed payment, I think I know where this figure has come from. I few years ago when checking my credit file I saw I had a CCJ on there which I think was for £273. (I can't be sure without the person who paid it for me looking at their statements). It sounds like it could have been in 2010 as well.

Now when I rang up to pay this off at the time, the DRA (Not Arrow) who dealt with it had 2 debts of mine. The one that was a CCJ and the other which I now think was the HFC loan. I only paid the CCJ off, and ignored the other, as that one was not on credit file.

You can find out about any CCJs you may have by searching the record here: http://www.trustonline.org.uk/search-yourself If you got one in 2010, it should still show up, as they stay on record for 6 years, unless you paid it within 28 days to get it wiped off the register. :noidea:

So what I think Restons are trying to do here is claim that me paying off this unrelated debt, although it is with the same DRA is counting towards payment of the HFC loan that they are now chasing me for.

Where do I stand here exactly? So I can be ready if they contact me again.

First of all, it's best to keep all communication in writing :typing: rather than over the phone. If the loan was for a lot more than £273, you wouldn't have had a CCJ for such a low amount. You could send the Statute Barred letter, if they want to continue chasing them, it'll be up to *them* to prove it's not SBd and provide you with a statement of account, showing the alleged payment made into the account they are chasing you for. :thumb:

[FlamingParrot]

Re: Restons Solicitors / Arrow Global Limited

Below is the SBd letter, placing the ball in their court.

Dear Sirs

Re: Statute Barred Account xyz

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,

[CMP]

Re: Restons Solicitors / Arrow Global Limited

Thanks for the replies.

OK, It was mother that paid off the CCJ for me, I rang up then passed the phone onto her so she could give them her card details. I got her to have a look through her statements to find out when the payment was made. It did happen to be November 2010, and it was to Fredrickson International.
I rang Fredrickson in 2010 to pay off the CCJ, they also asked if I was paying off the other debt of £1135, to which i said no.

The 2 Debts that Fredrikson had:
Debt 1 with HFC : £1135 Defaulted in 2001 (don't have the exact date), this is the one Restons/Arrow are now chasing me for.
Debt 2 Looking at the Case # appears to be also HFC: £273. CCJ date was September 2005, Paid in Full November 2010.

Neither of which appear on my credit file, infact Debt 1 wasn't on it when I looked in November 2010 so I assumed it was Statute Barred as I made no payment or had any contact since it defaulted.

[panther12]

Re: Restons Solicitors / Arrow Global Limited

From the amount of the ccj I wonder if this could be one of Brian Carters split claims where he issues a claim with a smaller amount to cover his fees then tries to come back at a later date for the rest.

[FlamingParrot]

Re: Restons Solicitors / Arrow Global Limited

OK, It was mother that paid off the CCJ for me, I rang up then passed the phone onto her so she could give them her card details. I got her to have a look through her statements to find out when the payment was made. It did happen to be November 2010, and it was to Fredrickson International.
I rang Fredrickson in 2010 to pay off the CCJ, they also asked if I was paying off the other debt of £1135, to which i said no.

The 2 Debts that Fredrikson had:
Debt 1 with HFC : £1135 Defaulted in 2001 (don't have the exact date), this is the one Restons/Arrow are now chasing me for.

If it was defaulted in 2001 it's "twice" SBd, so you should just send the SBd letter above, I'd send it to Arrow with a copy to Restons. :grin: Both are aggressive and should be informed a.s.a.p. that they are chasing a very old, totally dried up, lemon!

Even if you had made a payment or acknowledged the debt in 2010, it would still be SBd, as it would have been 9 years after 2001, and once a debt is SBd, it cannot be un-barred by paying or acknowledging it. :nono:

Debt 2 Looking at the Case # appears to be also HFC: £273. CCJ date was September 2005, Paid in Full November 2010.

Neither of which appear on my credit file, infact Debt 1 wasn't on it when I looked in November 2010 so I assumed it was Statute Barred as I made no payment or had any contact since it defaulted.

Neither should appear, the one defaulted in 2001 should have dropped off in 2007 and the CCJ last year.