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Reston solicitors, help requested

IDC8672
Posts: 2 Newbie
First time poster here looking for a little advice.
A few years ago I got myself into some debt with cards and loans. Over the years I have managed these and reckon I am now in a far better position than I used to be. However I was recently contact by Reston's solicitors regarding an old Capital One debt of £2700 that I thought had long since been forgotten. They wrote to me on Decenber 5th giving me until December 18th to contact them regarding payment or they would commence court proceeding.
I wrote back on December 10th requesting proof of the alleged debt. However on December 15th I received court paperwork dated 11/12.
Clearly they had commenced court proceedings on pretty much the same day as they wrote to me giving me 14 days to contact them!
I am ok in filling in the court papers and know that I will need to concentrate on this. However how interested would the court be in what Restons have done? Does this break FCA debt collection guidelines and is there much point in complaining to them (they will have 8 weeks to reply to a complaint) or to Cabot who Restons are acting for?
Any suggestions as to my plan of action?
A few years ago I got myself into some debt with cards and loans. Over the years I have managed these and reckon I am now in a far better position than I used to be. However I was recently contact by Reston's solicitors regarding an old Capital One debt of £2700 that I thought had long since been forgotten. They wrote to me on Decenber 5th giving me until December 18th to contact them regarding payment or they would commence court proceeding.
I wrote back on December 10th requesting proof of the alleged debt. However on December 15th I received court paperwork dated 11/12.
Clearly they had commenced court proceedings on pretty much the same day as they wrote to me giving me 14 days to contact them!
I am ok in filling in the court papers and know that I will need to concentrate on this. However how interested would the court be in what Restons have done? Does this break FCA debt collection guidelines and is there much point in complaining to them (they will have 8 weeks to reply to a complaint) or to Cabot who Restons are acting for?
Any suggestions as to my plan of action?
0
Comments
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Hi,
How old is the debt ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
http://www.legalbeagles.info/forums/ are good for help on defending court claimsStill rolling rolling rolling......
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SIGNATURE - Not part of post0 -
Agree with the above.
The defective letter before action is just one line of defence - there will probably be others.0 -
Hi,
Thanks for the replies.
I have registered on the Legal Beagles site for assistance there too.
The original card was from 2002., no payments of acknowledgment of debt since mid 2010 so must be close to being statute barred.0 -
I had same issues with restons. Took me to court without me knowing as letter got lost in post. Case went in their favour and spent over 5 years paying off the debt and added court charges which really got me annoyed.
Good luck fighting them as they were really bad to at being helpful if you come into difficulties at any point.
I was struggling to keep up with payments at one point due to work issues. And all i got was make payments or we will add charges or get bailiffs to come and take your stuff away.
Even when girlfiends daughter got cancer and wanted to reduce payments while she went through her treatment and her mum wasn't working to look after her they still threatened bailiffs if i didnt pay on time.
Never known anyone so heartless and evil.
Hope you win again'st them. Good luck.0 -
Hi,
Thanks for the replies.
I have registered on the Legal Beagles site for assistance there too.
The original card was from 2002., no payments of acknowledgment of debt since mid 2010 so must be close to being statute barred.
OK, sounds like not statute barred.
You should still do a cca request and a cpr request
http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim0
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