Restons Solicitors.

[tazmansoor]

Hi all,

sorry that my 1st post is one needing help - but I know someone here will be able to advise me.

I received a letter back in December regarding a debt to Cabot financial, threatening a CCJ for nearly £3K if I didn't pay by mid December.. the day I received the letter I wrote back asking for information about the debt (recorded delivery) and heard nothing back until Friday when I received a CCJ claim form for this debt (a Lloyds credit card from 2009). along with this claim form I also received another from 1st credit for a Lloyds credit facility for nearly £2K.

I have acknowledged both the claims online - but am not sure how to proceed with this, hence turning to you all for help. I cannot afford to repay the £5K as I am only just getting back on my feet financially - but I dont want to be ringing the debt collectors direct without some guidance. on the flip side, I can not have a CCJ against my name as I will be looking to purchase a home in the next 24 months.

in essence how do I deal with this?

thanks

[nemesis45]

Re: Restons Solicitors.

Hi Welcome to LB,

The first job is:
To send a CCA request to the claimant ( both accounts} this is for a copy of the agreement
for the account. There is a £1 statutory fee for this. Use a postal order made out to the creditor
named on the claim for and endorse them " For Statutory Fee Only" the claimant ha 12 + 2 Working
Days to Comply, Send by signed for post.

There's a template in the forum library for this.

Next a request under the provisions of Civil Procedure Rule 31.14 (No Fee) for inspection of the documents
mentioned in the statement of claim only. This goes to the solicitors for the claimant by signed for post.

DO NOT attempt to phone either solicitors or claimants.

Some history of debt please.

One credit card?
What is the other account?
When were the accounts defaulted?
Do these accounts appear on your credit files?
If so what are the details?
If you haven't checked you can use Noddle Free Online.

Do you know when the last payments were made on these accounts?
note defaulted accounts remain on credit files for 6 years and are then
removed paid or not.
nem

[tazmansoor]

Re: Restons Solicitors.

Thanks for the reply - will get the CCA written this evening, my other half has got me the 2 postal orders already today/

1 overdraft. £1800 March 11 as the default date.
1 credit card - £2800 Feb 11 default date
both are on my credit file and the last payments to either account were some point in 2010.

let me know if you need anything else to help me.

[nemesis45]

Re: Restons Solicitors.

Thanks for the reply - will get the CCA written this evening, my other half has got me the 2 postal orders already today/

1 overdraft. £1800 March 11 as the default date.
1 credit card - £2800 Feb 11 default date
both are on my credit file and the last payments to either account were some point in 2010.

let me know if you need anything else to help me.

OK was /is there and disputes on these accounts?
Or anything else that can be used to defend the claims?
Otherwise it will down to hoping that agreements can't
be found or are faulty.

nem

[tazmansoor]

Re: Restons Solicitors.

nope I lost my job and was Poor, since I have managed to get myself back into a reasonable standing financially until this came along, if the agreements can be found - how would you recommend negotiating repayment of the debt? bottom line is I cant afford to have a CCJ against me now.

[nemesis45]

Re: Restons Solicitors.

nope I lost my job and was Poor, since I have managed to get myself back into a reasonable standing financially until this came along, if the agreements can be found - how would you recommend negotiating repayment of the debt? bottom line is I cant afford to have a CCJ against me now.

Ok:
Would you be able to make offer in full and final payment on these debts to prevent the claims going to trial?

There is also the " mediation " route where repayments are agreed with the claimants and secured by a Consent ( Tomlin Order)
this means the claim is stayed as long as the payments are maintained and no CCJ is granted, BUT if you fail to make the payments
as required the claimant can apply for summary judgement.

nem

[tazmansoor]

Re: Restons Solicitors.

it depends on how much they would be willing to accept for the debt. any experience?

[tazmansoor]

Re: Restons Solicitors.

Hi guys - I have now had a response from 1st credit re the overdraft debt which they list @ £3 more than the Court notice I received. they state that as it is an Overdraft it is exempt under part V of the CCA and so have returned my postal order.

they have requested statements from the original creditor and have asked the solicitors to hold until the statements have been provided to me.

so - seeing as my acknowledgment of service was received on 26/01/2016 at 12:01:56 on the moneyclaim website - how do I proceed here?

thanks again for all your help

[tazmansoor]

DCA Letter in responce to CCA letter

Hi guys -

with reference to the below thread.

http://legalbeagles.info/forums/showthread.php?76555-Re-Restons-Solicitors&p=614585#post614585

I have now had a response from 1st credit re the overdraft debt which they list @ £3 more than the Court notice I received (dont know if that makes any odds) they state that as it is an Overdraft it is exempt under part V of the CCA and so have returned my postal order.

they have requested statements from the original creditor and have asked the solicitors to hold until the statements have been provided to me.

so - seeing as my acknowledgment of service was received on 26/01/2016 at 12:01:56 on the moneyclaim website - how do I proceed here? do I file my defence based on this letter? has anyone had any experience with what to do now?

thanks again for all your help

[Spellkaster]

Re: DCA Letter in responce to CCA letter

Did you ever receive a Notice of Assignment that the DCA has purchased the debt from the OC?

[nemesis45]

Re: DCA Letter in responce to CCA letter

Hi
Taz it would make it easier to advise if post this on your thread otherwise
we have nothing to refer to.

nem

[tazmansoor]

Re: DCA Letter in responce to CCA letter

HI Spellkaster - no I haven't received any notifications about this debt until I received the solicitors letter - to be honest my head was in the sand about my previous debts until a few months ago. also I have moved addresses twice since then

[Spellkaster]

Re: DCA Letter in responce to CCA letter

You need to ask for one. This is a breach under 6.2.5 of the FCA Handbook. Look it up.

[tazmansoor]

Re: DCA Letter in responce to CCA letter

Thanks for your response SpellKaster.

I have looked this up and I am a little confused. 6.2.5-Issue and cancellation of units by an ICVC

I may be totally dense here - but please help... what exactly should I reference in my letter to the DC?