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  • FIRST POST
    • mrs murdle
    • By mrs murdle 13th Apr 18, 11:09 AM
    • 10Posts
    • 4Thanks
    mrs murdle
    restons
    • #1
    • 13th Apr 18, 11:09 AM
    restons 13th Apr 18 at 11:09 AM
    i am the appointee for my daughter (not power of attorney), wth DWP plus I organise her money so that bills are paid and we tick along.
    Payments have also been made at 5 per week to Lowells and Cabot for quite some time and Lowells is finished around November 2018. These were catalogue debts from years ago. We now are having a bit of a problem with Restons. Initially it was capquest making contact and we tried requesting information regarding "the debt".My daughter had no idea as the catalogue name kept changing! So cut to the chase this was passed through to Restons who issued CCJ, paperwork done, payments set up at 5 per week - still don't know who - because my daughter wants to pay it so they leave her alone.
    She receives ESA and DLA and everything was declared on the court forms. Restons have, since this arrangement was agreed by the court, written to her wanting a letter from her GP as to why she receives DLA! Restons have had written permission from my daughter regarding my being her appointee but they were Phoning her., she has blocked them now..How do I get Restons to answer a request for information and do I need to supply other information when the Court has accepted and agreed to a payment plan?
Page 1
    • sourcrates
    • By sourcrates 13th Apr 18, 11:37 AM
    • 15,252 Posts
    • 14,353 Thanks
    sourcrates
    • #2
    • 13th Apr 18, 11:37 AM
    • #2
    • 13th Apr 18, 11:37 AM
    Hi,

    You do not have to do anything for Restons, except pay the judgement amount at the rate set by the court.

    They are not entitled to know anything else.

    It appears you/she missed the opportunity to dump Restons at the court stage, did she not defend the claim at all ?

    Old catalogue debts very rarely had compliant paperwork, and usually get thrown out for lack of evidence.

    A simple "provit" letter may of been all that was needed.
    Last edited by sourcrates; 13-04-2018 at 11:41 AM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
  • National Debtline
    • #3
    • 13th Apr 18, 12:10 PM
    • #3
    • 13th Apr 18, 12:10 PM
    Hi Mrs Murdle


    All you need to do is make sure the instalments the court ordered are paid on time. As long as that happens Restons can't take any further action (unless your daughter is a homeowner).


    There's no requirement for your daughter to provide a letter from her GP about why she receives DLA. She could consider making a complaint to Restons if she is unhappy with their actions. If she is not satisfied with their response, escalate the complaint to the Financial Ombudsman Service (FOS) www.fos.org.uk.


    In terms of finding out who this debt was originally with, your daughter could make a subject access request under the Data Protection Act. That's where she asks them to provide information they hold on her within 40 days. Restons have the option to charge her a 10 fee for this, although they may choose not to.


    You can ask for all information, or you can specify what you are looking for. You'll find a sample letter you can use here https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx. I hope this helps.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • mrs murdle
    • By mrs murdle 15th Apr 18, 3:06 PM
    • 10 Posts
    • 4 Thanks
    mrs murdle
    • #4
    • 15th Apr 18, 3:06 PM
    • #4
    • 15th Apr 18, 3:06 PM
    Thank you for the responses, very helpful. We were informed that Restons were going to court , after asking for information about the "debt" frequently. Court papers arrived two days after the threat of Court action!
    Written notice was supplied to both CapQuest and Restons that I was to act on my daughter's behalf, signed by both of us but again ignored.
    I completed a form to become a litigation friend, I was told that it may all be too late, which it was.
    Restons (and CapQuest) were asked to "prove it" but neither of them were specific except adding charges.
    So, payment plan is set-up. First payment made well in advance, followed by weekly payments. I will be making a subject access request and making a formal complaint, as the young lady I spoke to has an unfortunate attitude! They will also be reminded that telephone calls will not be accepted under any cicumstances - again. Naturally, sent by recorded delivery!
    Many thanks for the information, extremely helpful.

    • sourcrates
    • By sourcrates 15th Apr 18, 6:46 PM
    • 15,252 Posts
    • 14,353 Thanks
    sourcrates
    • #5
    • 15th Apr 18, 6:46 PM
    • #5
    • 15th Apr 18, 6:46 PM
    If they ignored requests for evidence of liability, that would of been a compelling Defense for her, why did she not run with that angle first ?

    As I said before it would most likely of been dropped at that stage if they could not provide any.

    I only wish you had asked for advice sooner.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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