Restons Solicitors - Letters Received

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Hi,

I have now received a letter from Restons Solicitors with the following details:

• RE: Arrow Global Limited v. Yourself -However I know the amount stated is an old loan from Yorkshire Bank, so I assume Arrow Global must have purchased the debt?
• It references to pay £XXXX plus interest as appropriate direct to their office by Wednesday 6th Aug, 2014, failing which they have "strict" instructions to issue a County Court summons for the full balance plus fees etc.
• Their client (Arrow Global) may be willing to accept payment by instalments, in which case they want me to complete a questionnaire and return.
• All future correspondence should be sent to Restons
• Receipts for payments will not be provided unless requested, and if so send a stamped self-addressed envelope!
• Further they may be willing to settle at a specially discounted figure which I can call about.

Unfortunately due to some person circumstances I didn't get around to sending the SARS to Yorkshire Bank, so I will make sure I do this first thing tomorrow! However in the meantime my main questions are:

• What should me initial response to them be? If Arrow Global have purchased the debt, should I be requesting proof from them?
• If I do challenge Arrow Global or Yorkshire Bank for proof (depending on the answer to the last question), what should I do with Restons in the meantime? I certainly don't want a Country Court judgement against me?

Thanks

DoN

[FlamingParrot]

Re: Restons Solicitors - Letters Received

I have now received a letter from Restons Solicitors with the following details:

• RE: Arrow Global Limited v. Yourself -However I know the amount stated is an old loan from Yorkshire Bank, so I assume Arrow Global must have purchased the debt?

Sounds like it. :ohwell:

• It references to pay £XXXX plus interest as appropriate direct to their office by Wednesday 6th Aug, 2014, failing which they have "strict" instructions to issue a County Court summons for the full balance plus fees etc.
• Their client (Arrow Global) may be willing to accept payment by instalments, in which case they want me to complete a questionnaire and return.
• All future correspondence should be sent to Restons
  
• Receipts for payments will not be provided unless requested, and if so send a stamped self-addressed envelope!
• Further they may be willing to settle at a specially discounted figure which I can call about.

Unfortunately due to some person circumstances I didn't get around to sending the SARS to Yorkshire Bank, so I will make sure I do this first thing tomorrow! However in the meantime my main questions are:

• What should me initial response to them be? If Arrow Global have purchased the debt, should I be requesting proof from them?
• If I do challenge Arrow Global or Yorkshire Bank for proof (depending on the answer to the last question), what should I do with Restons in the meantime? I certainly don't want a Country Court judgement against me?

You need to reply to Restons. They are acting for Arrow and they are the ones who would be issuing a claim so you should address your questions/requests for documents to them. It's up to them to liaise with their own clients (Arrow) who, in turn, may have to go back to the YB.

As for what to say in your letter, you may want to look at this: http://www.legalbeagles.info/forums/...054#post443054 :typing:

The letter asks them to supply the 'proof' you are referring to above, including the notice of assignment which should have been sent to you when the debt was sold to Arrow. :thumb:

It is essential to respond before the 6th of August to stave off a possible claim. Restons are trigger happy! Send your letter recorded delivery.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Thank you, that letter is perfect I'll send it off recorded delivery tomorrow along with the SARS to Yorkshire Bank

Just a couple of questions:

1. This line: Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response - Is this correct for me? Does this reference the SARS and as I will be sending both off together should I put that date in?
2. Will sending this letter stop Restons from issuing court proceedings in the meantime whilst they reply? It also states to reply to a particular name, I assume I should do that?
3. Should I do anything else, like call them etc? I am just worried they will carry on and I'll end up with a CCJ

Cheers

DoN

[FlamingParrot]

Re: Restons Solicitors - Letters Received

Thank you, that letter is perfect I'll send it off recorded delivery tomorrow along with the SARS to Yorkshire Bank

Just a couple of questions:

This line: Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response - Is this correct for me? Does this reference the SARS and as I will be sending both off together should I put that date in?

The letter has to be adapted to your circumstances, apologies, the only bit in orange was the date. . A request under s77 would be a CCA request for a loan (s.78 for a credit card), if you never sent a CCA request remove that line. I does not refer to a SAR, however, if you are sending one, you can say that instead.

Will sending this letter stop Restons from issuing court proceedings in the meantime whilst they reply?

I can't guarantee anything 100% but, in most cases, a letter like that stops them in their tracks. It shows them you know what you're talking about and that if they issue a claim, you will defend it and ask them to produce the said documents, in other words, you won't be a pushover, admit the claim or ignore it, which is what they'd hope for.

It also states to reply to a particular name, I assume I should do that?

Your letter would have been signed by a specific person within the firm.

Should I do anything else, like call them etc?

Absolutely not! :nono: Keep everything in writing. :typing:

I am just worried they will carry on and I'll end up with a CCJ

Before that happens, they would have to issue a claim, which you would have the opportunity to defend or, if all else fails, make an offer of settlement or sign a Tomlin Order. You're still some way away from all that! :thumb:

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Phew!

Thank you for the fantastic guidance. I'll reply when I get the reply from them.....fingers crossed they can't find the original agreement

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Well just to confirm I sent the letter off, and the recorded delivery shows they signed for it a couple of days ago.

Do I just wait now? What do I do if I don't hear anything from them, should I follow up at all?

[FlamingParrot]

Re: Restons Solicitors - Letters Received

Well just to confirm I sent the letter off, and the recorded delivery shows they signed for it a couple of days ago.

Do I just wait now? What do I do if I don't hear anything from them, should I follow up at all?

This is a case where no news = good news :thumb:

If you don't hear from them you don't need to do anything, that's precisely what we're trying to achieve. :tape2:

Basically there's a process that has to be followed when someone wishes to start court action. The first step should be to send a letter before action, as stated here: http://www.justice.gov.uk/courts/pro...on_conduct#7.1

7. Exchanging information before starting proceedings

7.1 Before starting proceedings –
(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and
(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.
7.2 A ‘reasonable period of time’ will vary depending on the matter. As a general guide –
(1) the defendant should send a letter of acknowledgment within 14 days of receipt of the letter before claim (if a full response has not been sent within that period);

The letter you receive doesn't really comply with the requirements of the Practice Direction but then most solicitors letters do not. As you can see above, you are supposed to respond to such letters in a timely manner.

Many court claims could be avoided simply by responding to letters from solicitors, sadly many people just ignore them.

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Well I received a response as follows:

Dear Sir,

RE: Arrow Global Limited v. Yourself
Arrow Global Collections

We write in relation to the above noted matter and further to your letter dated the 29 July 2014.

We note from your letter that you make requests for documents pursuant to paragraph 2.2(1) of Annex A to the Practice Direction. Unfortunately, Annex A is not applicable to this claim. We can confirm however, that Annex B which stipulates the information to be provided in a debt claim where the claimant is a business and the defendant is an individual, has been fully complied with.

We trust this clarifies the matter

It is then signed by a paralegal. So what does this mean? They haven't sent me any other information or copies of documents, so I'm not sure what to do next?

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Also, the deadline on the original correspondence was Wednesday the 6th August, which I have just realised in next week

With them sending me the above letter, does this mean they think they have provided everything they should have done, and that the original deadline still stands?

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Please does anyone have any advice? I'm very worried with the deadline being on Wednesday, and ideally I want to send a response tomorrow.

Thanks in advance

[FlamingParrot]

Re: Restons Solicitors - Letters Received

Also, the deadline on the original correspondence was Wednesday the 6th August, which I have just realised in next week

With them sending me the above letter, does this mean they think they have provided everything they should have done, and that the original deadline still stands?

Please does anyone have any advice? I'm very worried with the deadline being on Wednesday, and ideally I want to send a response tomorrow.

Thanks in advance

As you say above, the 'deadline' was on their original letter, to which you have already replied. :grin: If you read the Practice Direction, it says the defendant...

(3) may request further information to enable the defendant to provide a full response.

You have requested further info in the shape of documents and they have refused to provide it, therefore you cannot be expected to offer a full response.

How convenient of them to say that only Annex B applies, Annex B says:

(1) provide details of how the money can be paid (for example the method of payment and the address to which it can be sent);
(2) state that the defendant can contact the claimant to discuss possible repayment options, and provide the relevant contact details; and
(3) inform the defendant that free independent advice and assistance can be obtained from organisations including those listed in the table below.

So they have provided you with details about how to pay but not provided you with the documents you'd need to ascertain whether you should really pay. :mad2: :mad2: :rant:

Don't worry about their original deadline for now since you have already replied to that letter. :thumb:

Before going further, can you clarify what this is for, is it an overdraft or a loan? I see both mentioned on the thread. :noidea: Or is there both an O/D AND a loan?

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Thank you so much for the reply, it is really appreciated

The only debt I am aware of around that figure is an old loan from Yorkshire Bank. I did also have a defaulted overdraft but that was only to around £800. I am not aware of any other debt for the amount they are stating.

Plus this is only what I can guess - I have not had any correspondence specifically stating what this debt is actually for or other details?

Hope that helps and thanks again

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

Sorry to bump but was just wondering what my reply to Restons should be, I'd really like to get back to them.....hopefully with a good letter than puts them in their place

[FlamingParrot]

Re: Restons Solicitors - Letters Received

Got your PM and I'll be back tomorrow.

Don't worry about having to respond before their 'deadline', remember you have ALREADY responded to that letter and they failed to provide you with any of the documents you requested, therefore it is THEM who have not complied with the pre-action protocol. :thumb:

[Disciple of Nagash]

Re: Restons Solicitors - Letters Received

No problem - sorry for getting worried look forward to your reply