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Restons solicitors

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  • sourcrates
    sourcrates Posts: 31,639 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    As susie said above, check credit files and trust on line, see if there actually is a CCJ.


    If there is, you can apply to the court to change the payment amount, should you wish, this is called an application to vary the order, then Restons cannot do anything about further enforcement action.


    This is the court form you would need :


    https://www.gov.uk/search?q=N245&filter_organisations%5B%5D=hm-courts-and-tribunals-service
    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-letter
  • mbmonty
    mbmonty Posts: 149 Forumite
    Second Anniversary
    robakataz wrote: »
    Hi thanks for replys .. Heres a quick rundown .. wife contacted GP this morning about the overdraft and asked why this had not been sorted out after 12 years , there answer was " when u rang us we stated that you will still owe the bank the overdraft if you leave us " .. Which my wife is adamant was not said and what was said was that she only " owed a small amount to a home shopping company and would be best to pay this debt herself instead or keep paying GP " Which she did so for 2 year we thought we was debt free until last saturday .

    So with GP saying they didnt sort this debt we really dont have a leg to stand on as being with GP is like we acknowledge the debt anyway as we only left them just shy of 2 years back .. Well after a lengthy phone conversation with RESTONS my wife has agreed to pay a set amount per month they initially wanted 130 a month out of my wifes PIP as that in there eyes was extra income !! Well we eventually got it down to 50 quid as they would not even consider less .. But now we will seek legal advice from someone and see were we stand on a legal standpoint ..

    Yes she shouldnt have acknowledged the debt but GP left us in no position not too as they last made a small payment to this 1 month before we left them but then failed to advise or tell the wife after she rang and asked what was left to pay .

    Prestons were adamant that numerous letters had been sent to us over the last 18 months which we argued wasnt the case and it wasnt untill saturday that we opened a letter and found out this is a problem and hence the reason we phones to find out what was going on . Well if anyone here knows of any free advice service we could use just to find out face to face what our legal rights are i would very much appreciate it all the best cheers rob .

    Sadly I think you have been too hasty here

    I never deal with more than one thing that has permutations, per day. Sleeping on it gives you time to think, time to research and so on.

    You needed to take the info form GP

    Look at what evidence you have that contradicts what they said previously, maybe an old email or something.

    It was only a year ago, what letters or emails were exchanged?
    robakataz wrote: »
    "About a year ago she finished with them as she only owed a small amount to other companys which she cleared rather than keep paying the debt cons company more money . "

    What are the terms if you leave them?

    Are they obliged to write to you with a statement of some kind?

    If you only owed a small amount to other companies and paid them then surely the debt is settled.

    What evidence do they have that they told you

    So an SAR on GP including phone calls.

    Then you check rules for what they are supposed to do according to rules they are governed by, see if there is something they are obliged to do that they did not do.

    Then if they did wrong perhaps you make a complaint to FCA or whoever licences them.

    Engaging with Restons is the very LAST thing you should do according to online experience, they have "nasty" rep and you are better to put yourself at mercy of Court payment plan and show you can afford £1 a month. They will not steal your Disability.

    The more I hear about Restons the more I believe it when people say they are scum.

    The problem is to an extent you hace acknowledged the debt, but if it is CCJ then maybe you have queried the alleged debt and discussed potential payment options but now you realise it is fake and want your day in Court.

    Nothing stops you writing to them and saying sorry we have looked at our income and we simply cannot afford your highly pressured demand for £50 a month, we will be taking this matter up with the Court.

    I would put in a complaint to the SRA and FCA

    Call the Court, find out where were original papers sent to, I bet you will find as we did that they were sent to some address Restons KNEW the debtor was not at.

    It is only if enough people complain that they are doing this and abusing the pre-action protocol that it will be stopped.
  • sourcrates
    sourcrates Posts: 31,639 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Mbmonty,

    You cant make individual complaints to the regulator, its the FOS that deals with financial complaints.
    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-letter
  • mbmonty
    mbmonty Posts: 149 Forumite
    Second Anniversary
    sourcrates wrote: »
    Mbmonty,

    You cant make individual complaints to the regulator, its the FOS that deals with financial complaints.

    No God forbid they should actually hear a complaint about what goes on in the real world.

    Thanks for clarifying.

    However, if we can determine a bad practice is going in with lots of customers, then they are interested, it just takes hassle to get them to listen.
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