Restons Solicitors letter

chrisj1762

Hello all,

I have used this wonderful site over the years for many a thing advice related but have never had to post until now.

I have had a few debts over the last 10 years but have managed to clear all of them but one, the biggest one...

To fill you in (I'm using info gleamed from the Reston's letter here as I couldn't remember these dates if I tried) on the 13th of May 2008 I took out a credit card with MBNA and in hindsight it was probably the biggest mistake of my financial life!

I quickly lost control and MBNA terminated the account on 31st of July 2012, according to my letter from Restons my last payment date was 30th November 2011 which might well be true.

The debt has been passed around to various companies over the years but most recently DLC have tried to get it from me, I have by all means ignored these letters as they had been going to an old address and I've very rarely picked up post from there.

Somehow it's been passed on from DLC to Cabot Finance and now they have asked Restons to proceed.

I have a letter from Restons dated July 7th telling me that they would like their £3,620.78 to be paid in full by July 21st or they will issue a claim against me in county court.

I had hoped to see this debt out until statute barred but I am now a bit worried and would like some advice, if I get a CCJ this will be a problem for me at the moment as I would ideally like to buy a house in the next few years (currently renting) so am hoping to keep my record clean.

For info, I have NEVER acknowledged the debt by phone in writing or otherwise and have never paid a penny to anybody other than MBNA.

What are my options here? Restons stated they may settle for less money if I'd be willing to pay asap, we have some saving s and I could do that but it would make a real dent in my house plans.

Thanks in advance for all help offered.

sourcrates

Hi,

Right, as they say they "will issue a claim against you", as a pose to they "may issue a claim against you", I would take that to mean a court claim is imminent.

They are fulfilling there obligations under the practice direction rules, pre-action protocol basically, I would treat this seriously.

Try making them an offer to settle, see what they will accept, just get everything in writing, otherwise I would be expecting a claim form through my postbox before the month end.

fatbelly

As things stand you don't have an obvious defence if they start a claim.

If they get a ccj, you will have to pay it in full, plus court fee plus solicitor costs, within 28 days in order to stop the record appearing on your credit file.

As a clean file is important to you, your best option is to start negotiations on a full & final settlement. The standard letter doesn't acknowledge the debt and if you have to phone to finalise the deal, phone calls don't count as acknowledgement either.

https://www.nationaldebtline.org/EW/factsheets/Pages/fullandfinalsettlementoffers/lumpsumoffers.aspx

At this stage I wouldn't start ridiculously low - maybe 50%

Time4tea

We had to deal with Restons about 7 Years ago and believe me they can effect you life for a very long time.......


We unfortunately ended up with a CCJ but they were not happy with just that, they took us to court to have the debt secured on our house. We won and the Judge ruled that the case was dismissed as long as we kept up with payments.


Forward on 7 Years and the CCJ has been paid in full (Never missed a payment) so we decided to remortgage, low and behold Restons had contacted our Mortgage company and put a charge against our house without informing us or with any Judges authorization to do this.


I have just spent the last 6 Months fighting to have this removed and finally it has been done.


My warning is whatever Restons say or do CHECK EVERYTING!!!!! we know nothing about this Unauthorized Charge for 7 Years!!!!

fatbelly

OP - one step at a time. Make them an offer to settle.

chrisj1762

Thank you all for your replies, as stated I do not have a case for defence and will contact them about a settlement, what would be the best way to do this?

They have asked me to phone them to discuss this but am I better off sending a letter?

Thanks again in advance, I really honestly appreciate it.

fatbelly

chrisj1762 wrote: »

Thank you all for your replies, as stated I do not have a case for defence and will contact them about a settlement, what would be the best way to do this?

They have asked me to phone them to discuss this but am I better off sending a letter?

Thanks again in advance, I really honestly appreciate it.

I know time may be short here but I would suggest making the first offer in writing using the National Debtline letter, see what they come back with, and if there is a gap between your position and theirs, then phone to see if you can get a deal.

Whatever happens you do need the final settlement deal in writing, with unambiguous wording.

chrisj1762

I know time may be short here but I would suggest making the first offer in writing using the National Debtline letter, see what they come back with, and if there is a gap between your position and theirs, then phone to see if you can get a deal.

Whatever happens you do need the final settlement deal in writing, with unambiguous wording.

I have posted a letter recorded post today so we will see what happens next. Thanks again!