Arrow starting legal proceedings.

Helpless50

Prove-it letter



I didn't realise they were already suggesting a full & final settlement. See my last post: "If their next letter offers you a discount to settle, then maybe they already realise they are out of time"

You don't have to dance to their tune. This is probably statute barred and they know it.

Sorry fatbelly no F & F from them.
Got a letter from Arrow saying i had 7 days to sort out the debt if not they would pass to Restons.
On 29/03/2016 got a letter from Restons saying i have till 6/04/2016 to call/contact or sort out the debt.
In Restons letter it mentioned payment plan or SUBSTANIAL lump sum to Arrow/Restons or they will go ahead with legal option.
Thats the onl letter i have got from them to date.

sourcrates

Helpless50 wrote: »

Sorry fatbelly no F & F from them.
Got a letter from Arrow saying i had 7 days to sort out the debt if not they would pass to Restons.
On 29/03/2016 got a letter from Restons saying i have till 6/04/2016 to call/contact or sort out the debt.
In Restons letter it mentioned payment plan or SUBSTANIAL lump sum to Arrow/Restons or they will go ahead with legal option.
Thats the onl letter i have got from them to date.

Don't be intimidated by the timescales they quote, they are designed to panic you into doing something rash, just sit back..... relax.....calm down......and think rationally for a moment.

This debt is most likely statute barred now, they know it, that's why there letters are getting ever more desperate in tone, and why they are giving you all these unattainable deadlines, just to confuse you.

You could go with the provit letter, that would put the account on hold, whilst it was actioned.


If, they did go to court in the meantime, you would defend the action on the basis the debt is time barred, we can help you with this, should the need arise.
Most of all don't panic here, it sounds like you have nothing to worry about with regard to this debt, the law is there to help both sides remember, these solicitors with legal sounding names try to intimidate you, in reality, they have no more power than you or I do, 99% of the time its all bluff !!

Helpless50

Don't be intimidated by the timescales they quote, they are designed to panic you into doing something rash, just sit back..... relax.....calm down......and think rationally for a moment.

This debt is most likely statute barred now, they know it, that's why there letters are getting ever more desperate in tone, and why they are giving you all these unattainable deadlines, just to confuse you.

You could go with the provit letter, that would put the account on hold, whilst it was actioned.


If, they did go to court in the meantime, you would defend the action on the basis the debt is time barred, we can help you with this, should the need arise.
Most of all don't panic here, it sounds like you have nothing to worry about with regard to this debt, the law is there to help both sides remember, these solicitors with legal sounding names try to intimidate you, in reality, they have no more power than you or I do, 99% of the time its all bluff !!

If the tactic was panic me then it has worked. I will take your advice and relax.
I only wished i had the correct date for the default or last contact/payment made then i would be in better place.
At the weekend i was talking to a mate whose wife was harrased by DCA for 4 years and she got a letter out of the blue threatening court action and she contacted them and ended up paying 70% of the debt as a F&F. It was only last year when they got married she went through her old stuff she found paperwork about the debt and the letter threatening court action was 18 months after the 6 years default or last payment timescale. She did ring them but they said you paid so tough. I did not think they could do things like that and get away with it.

sourcrates

Helpless50 wrote: »

If the tactic was panic me then it has worked. I will take your advice and relax.
I only wished i had the correct date for the default or last contact/payment made then i would be in better place.
At the weekend i was talking to a mate whose wife was harrased by DCA for 4 years and she got a letter out of the blue threatening court action and she contacted them and ended up paying 70% of the debt as a F&F. It was only last year when they got married she went through her old stuff she found paperwork about the debt and the letter threatening court action was 18 months after the 6 years default or last payment timescale. She did ring them but they said you paid so tough. I did not think they could do things like that and get away with it.

Yes they can, and will do, if you let them.


Lets get one thing straight here, if said creditor went to court, you would defend the action on the basis that the account was statute barred, that's it, that's your bit done, for the time being.


The onus falls on the creditor then to either say, yes, your right, it is statute barred, sorry, or, to prove to you and the court that it isn't statute barred, by providing evidence of either a payment, or a written acknowledgement, from within the last 6 years.


Anyway, were getting ahead of ourselves here, its imperative you get the provit letter sent to them as soon as, that should get you the info they would be relying on.

Helpless50

Yes they can, and will do, if you let them.


Lets get one thing straight here, if said creditor went to court, you would defend the action on the basis that the account was statute barred, that's it, that's your bit done, for the time being.


The onus falls on the creditor then to either say, yes, your right, it is statute barred, sorry, or, to prove to you and the court that it isn't statute barred, by providing evidence of either a payment, or a written acknowledgement, from within the last 6 years.


Anyway, were getting ahead of ourselves here, its imperative you get the provit letter sent to them as soon as, that should get you the info they would be relying on.

Thank you sourcrates.
As they have not started court action yet but may if i dont contact them by the Wednesday 6th April as stated in the letter is sending a prove letter the best way to start?
If the letter is a good way to start do i send one to Restons or Arrow recorded delivery or one to each.
In the letter/s i send to them do i need to sign them or just print my name as signing may aknowledge the debt if you see what i mean.

sourcrates

Helpless50 wrote: »

Thank you sourcrates.
As they have not started court action yet but may if i dont contact them by the Wednesday 6th April as stated in the letter is sending a prove letter the best way to start?
If the letter is a good way to start do i send one to Restons or Arrow recorded delivery or one to each.
In the letter/s i send to them do i need to sign them or just print my name as signing may aknowledge the debt if you see what i mean.

Send to whoever is writing to you.

Don't take any notice of there stupid timescales, they are meaningless, as I've said.

Signing it won't make any difference whatsoever, so don't worry about that.
Just get it sent off as quick as you can.

Helpless50

Send to whoever is writing to you.

I have just used your link to print out a prove-it letter.
As for sending it to whoever is writing to me, Arrow were writing to me and they passed it to Restons for possible court action and gave me the 6th April deadline.
I assume it would go to Restons but i want to make sure i send it to the right people and not give them any excuse not to say they never got it.
Thanks

Helpless50

I sent the prove-it letter and it was signed for on 6/4/2016.
Today i got a letter from Restons as i sent it to them and the letter said that as i have not signed the prove-it letter they can not action it as it needs to be signed as they will send any details/paperwork as it could be from anybody.
If i sign and resend it will it count as me accepting the debt as mine?

Thanks.

bargainbetty

No, it won't, because you are asking them to prove the debt exists and is yours - that doesn't count as an acknowledgement. Resend it exactly as before.


When you sign it, be sure to make a couple of large crosses over your signature so it can't be scanned to use against you. Just in case.

Helpless50

When you sign it, be sure to make a couple of large crosses over your signature so it can't be scanned to use against you. Just in case.

When i sign it with my signinture like A Nother do you mean put A Nother and then overwrite my signiture with 2 large X's.
Will they not just send it back again stating it's not a real signiture or they think i have just crossed it out and start playing games with me?.