Reston Solicitors

GwynApNudd

4 years ago I was made redundant due to fraud making the organisation I worked for insolvent - at very short notice, with very little savings and it took 7 months for statutory redundancy to come through.. i went to Citizen's Advice Bureau regarding my debts credit cards, shop cards etc - and they set up a payment plan for some and identified 3 that were prior to 2007 and did not have a signed or compliant credit agreement. I wrote to those three repeating the CAB's advice and quoting Section 127 (3) of the Consumer Credit Act 1974. After a year or two of letters and phone calls they gave up. Or so I thought.
Earlier this year I started receiving aggressive letters from Reston's Solicitors working on behalf of one of the three debtors - Next. They sent an unsigned credit agreement to me, threatening legal action. I went back to CAB and showed them everything again - and again their guidance was - this debt was unenforceable because the credit agreement was not signed. They also advised me not to sign any letters I sent to Reston's!!!
I wrote back to Reston's and after a few threatening letters from them, which I replied maintaining my position all went quite.
Two days ago I received a letter demanding I pay the outstanding balance, a financial circumstances and payment plan form, and the same old unsigned credit agreement.
Curiously they did not state the amount of the outstanding balance. Also although the letter was dated the 1/11/18, arrived on the 10th and the deadline I have to respond to them is by the 15th!
They say they have their client's authorisation to issue legal proceedings against me without further notice if I do not comply by the 15th.
Should I do anything other than send a another letter restating the advice given and the legal justification for that advice, and advise them that as they have persisted in harassing me I shall be contacting the Legal Ombudsman and possibly, the Law Society or the Solicitor's Regulation Authority?

[Deleted User]

The credit agreement doesn't need to be signed. It can be a reconstituted agreement.

Is the agreement otherwise correct?

GwynApNudd

I am not sure whether it is otherwise correct as up I had not seen it in paper or online since before 2007. Also the advice from the CAB on both occasions focused on the signature and
“Section127 (3) of the Consumer Credit Act 1974 states that
“the court shall not make an order under section 65 (1) if section 61(1) (a) (signing of the agreements) was not complied with unless a document itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)”


Has this been superseded by more recent legislation.
I have heard the argument about reconstituted agreement before so I am admittedly a little worried - but given that they have not provided me with an up to date balance - how can they expect me to make a payment plan!?

[Deleted User]

They've mis led you unfortunately. They're some 30 years out of date.

There's no need for it to be signed. Have a read here - https://www.handbook.fca.org.uk/handbook/CONC/13/1.html?date=2018-01-03

Contact Restons to confirm the balance - you can then decide how best to structure the repayment plan.

GwynApNudd

How can I establish if this is an accurate reconstruction of the original agreement?
I would not have not seen this either on paper or online for over 11 years. Is there a list of items that need to be on the agreement - on the link you attached above?

I am in precarious employment position as my hours may drop to part time after Christmas and I do not want too enter into an agreement based on my current full time hours so should I ask for more time to seek "alternative" advice other tha the CAB?

Oh they have stated my name incorrectly.

[Deleted User]

This might help.

https://www.legislation.gov.uk/uksi/2010/1014/schedule/1/made

[Deleted User]

Unlikely - it's a minor error that can be corrected.

It's not enough to suggest that the agreement is for someone else.

GwynApNudd

But it has been improperly executed. I think I will ask for further time to seek advice regarding both my financial situation and have someone else look at the credit agreement.

Summer12

Have you looked at the All About Debt website? Lots of info on there re: unenforceable agreements. You can also email your CCA for an expert opinion.

Just_Di

GwynApNudd wrote: »

I think I will ask for further time to seek advice regarding both my financial situation and have someone else look at the credit agreement.

Can you clarify whether you have sent a formal s 77-79 CCA Request to the current owner of the debt. If not then I would do that now. Maybe you have since you have a credit agreement but I thought I better check anyway

Who is the current owner since I doubt that Restons have been instructed by Next?

Is that letter from Restons a formal Letter Before Claim with a response form to return to them consisting of Box A - D to complete?

Di