Trouble with arrangement

razamakaz

Hi all. Sorry if this is the wrong category.

I've been on a debt repayment scheme for years and after my husband left last year decided to do the plan alone to save fees. All my creditors corresponded and set up arrangements but one never answered all my correspondence which asked for paperwork and stated I would recommence payments once I had heard back. That was in January. I've heard nothing since then and all of a sudden I get a call from Restons solicitors about the outstanding sum due.

I explained I was now single and said that I had had no answer to my last letter and was waiting for arrow to respond. They said I needed to provide an income and outgoings statement which I did and also sent them copies of all my correspondence with Arrow.

I also said that next April I will be in a position to come to a settlement offer with them.

Today I received a letter from Restons saying that my income and expenditure was too low to afford anything and they are recommending to Arrow to take legal proceedings!

What on earth will they achieve if I can't afford more than the £5 I've offered a month (which I'm paying ALL my other creditors).

I've never had a CCJ and really don't want it going that far. Can anyone advise please??

Thank you

fatbelly

Just because they say they are 'recommending to Arrow to take legal proceedings' doesn't mean they will start a court claim, and even if they do, it doesn't mean that you will end up with a ccj.

If this is a consumer credit act debt (credit card, loan, catalogue) then now may be a good time to do a formal request for a copy of your agreement:

https://www.nationaldebtline.org/EW/factsheets/Pages/39%20EW%20Credit%20agreements%20-%20getting%20information/Default.aspx

razamakaz

I did that in my correspondence. Can they enforce legal proceedings?

sourcrates

That may do, then again, I may win the lottery, follow Fatbelly's advice, see what transpires !!!

fatbelly

razamakaz wrote: »

I did that in my correspondence.

As long as you made a formal written request quoting the relevant section of the CCA, and enclosed £1 (actual letter here ) then any attempt at court action can be stayed until they comply.

razamakaz

No I didn't. I wrote last year asking for a copy of my original agreement etc. I chased for a response but heard nothing. I haven't paid anything since last September due to waiting for a response.

The letter says to make payments anyway whatever the outcome. I am happy to set up the £5 per month as was accepted before but they don't seem happy with that, the solicitors that is.

razamakaz

I spoke to Reston's today and they are adamant they want to in force proceedings

I told them I would be in a position next April to pay the debt off completely but they still insist on going ahead with proceedings

I asked them what proceedings they were talking about and they said a CCJ and a restriction on my property

I told them I didn't want to go down the court route and if they insisted on a restriction I would agree to it until April when I was in a position to clear the debt but they said no it has to go to court which is a load of rubbish because me and my husband I think Can just agree it and get it registered at The land registry.

I told them I could pay 5 pound per month until April when I will be in position to make an offer to settle the debt but they spent have it it seems they are intent on going to court whatever and charging me the fees associated with it.

I'm going to speak to a solicitor on Monday but if anyone has any suggestions please let me know thank you in advance

chanz4

give me an idea of the debt amount, that will give an idea if bluffing

razamakaz

£2,332 is the amount owed roughly

sourcrates

razamakaz wrote: »

No I didn't. I wrote last year asking for a copy of my original agreement etc. I chased for a response but heard nothing. I haven't paid anything since last September due to waiting for a response.

The letter says to make payments anyway whatever the outcome. I am happy to set up the £5 per month as was accepted before but they don't seem happy with that, the solicitors that is.

I'd get a new CCA request in pronto an official request including the £1 payment, that should place everything on hold until satisfied.

fatbelly

It's a shame they know you are a property owner as there is not much downside for them. Although the fact that they are talking about a restriction means that this is a single name debt (like a credit card) and a jointly owned property, That gives them a little less clout than with a full charge.

A solicitor will help you (and charge you) to arrange a voluntary charge. But why offer them the security of your house if you don't even know whether they have the relevant paperwork to make a successful court claim against you?

You wrote last year asking for a copy of your original agreement etc. & chased for a response but heard nothing. Sounds like they may have nothing to send.