Hi there,

I have an old Halifax credit card that defaulted 5 years ago.

I have been paying a reduced amount each month on a SO.

Halifax closed the account and Cabot, who took over the debt in September 2015

have been sending me letters, which I've ignored as it's being paid each month.

They have now passed my account to Restons.

A search shows a wealth of posts on how they like to go down the CCJ route.

As of yet, I haven't heard from Restons.

It was only 3 days ago that Cabot wrote to me advising.

My question, can i actually defend the CCJ if court papers come through? Or is my fate sealed.

I'm not adverse to paying the debt, though this was due to fall off my credit file early next year.

A CJJ would be terrible for us.

Any advice would be great.

Continue paying via SO, and wait for the puerile threat letters from Pestons to land on your doormat.

As Shallowfax have flogged this, then dump the payments down to £1 a month.

Have you reclaimed any of the fees/charges they levied on the card?

No, I haven't claimed anything.

Do you have all of the statements for this account?

If not then send shallowfax a SAR (costs £10) they then have 40 calender days in which to send you the entire history of the account and your dealings with them, then you will be able to go through all of the statements and see what/if they have levied any fees/charges on your account, late payment charges etc, then you can go about reclaiming them.

Thank you.

I have sent a CCA request to Cabot which I waiting to hear back from, I also sent a letter to Restons solicitors informing them of this fact. They have now sent a letter back to me asking to sign the letter so they know they are talking to the right person.

Should I sign it?

nope

who have ?

and why did you write to restons

did we advise you to?

Yes who asked you to sign?

If they asked you to sign the CCA request, then ignore them as this is NOT rerquired, and they know this, once they are out of time to supply the CCA 12 + 2 days, then you can stop any payments.

Restons wrote to me demanding payment or they will issue legal proceedings. I then filed a CCA request with Cabot (who haven't responded yet) and also sent a letter to Restons informing them I've asked their client for the documents.

Restons have responded to my letter saying "they have received this draft letter which purports to come from you but which is unsigned'

Should I ignore Restons or send a letter back saying they are happy to send me demands but when i want documents they beat around the bush about a signature.

IGNORE pestons.

They can't issue 'legal proceedings' unless they own the debt.

Read their cleverly worded missive properly, it doesn't say WILL anywhere in it.

IGNORE, IGNORE, IGNORE some more. They are absolutely powerless.

Do NOT write to them again.

How long have Cabrot had to respond to your CCA request?

If it is more than 12+2 days then sit on your hands, don't pay anyone, and don't correspond with anyone, until you receive your CCA request.

No, that's the thing. It didn't say anything about 'may'. It's titled MFS Portfolio vs yourself.

They have also sent out an income and expenditure form which is lengthy to say the least. Even asking about property values.

nothing to do with them

none of their business

only a judge can demand that info

read rectums letter properly

it does not say WILL anywhere/

dx

It's titled MFS Portfolio vs yourself. Oh is it indeed! Can you scan and post it up (redacted) seems like they're slipping into their old habits and exploiting a debtors lack of knowledge by fabricating documents to resemble court papers!

 

They have also sent out an income and expenditure form which is lengthy to say the least. Even asking about property values.

The I&E form is their silly little way of trying to appear important, they have delusions of grandeur, and are hoping you will fill it in, just so they can laugh at it and make fun of how little you earn.

The I&E form is their silly little way of trying to appear important, they have delusions of grandeur, and are hoping you will fill it in, just so they can laugh at it and make fun of how little you earn.

Here you go.

It's now 14 days and I haven't heard anything back from Cabot about the CCA.

Continue paying via SO, and wait for the puerile threat letters from Pestons to land on your doormat.

 

As Shallowfax have flogged this, then dump the payments down to £1 a month.

 

Have you reclaimed any of the fees/charges they levied on the card?

The other thing to mention here is Cabot won't deal with me now,

they said I had to talk to Restons.

Almost like it's too late to redirect the payments to us kinda thing.

that's a std if but maybe threat-o-gram

and its telling that they have tried to obsure what the debt is all about

by a chain of sales of the debt eithin the same group.

as for the CCA return

they have 14 working days.

dx

Once the 14 days are up should I send a letter of dispute to them or not?

Just a little nervous as I want to continue paying the debt though Cabot won;t talk to me.

If i spoke to solicitor are they even going to let me have a payment plan.

nervous about what?

you are being fleeced by a DCA

cash cowing we call it........

A court claim landing and then getting a CCJ

fat chance of that without a signed agreement

when did you take the card out?

dx

You really do need to do a bit more reading around the forums on here.

These letters DCA's send are spat out by a computer, they have no human input less for the postie pushing it through your letter box.

You're reading far too much into their sully missives, they are psychological rather than actual.

fat chance of that without a signed agreement

when did you take the card out?

 

 

dx

Taken out in 2008.

You really do need to do a bit more reading around the forums on here.

 

These letters DCA's send are spat out by a computer, they have no human input less for the postie pushing it through your letter box.

 

You're reading far too much into their sully missives, they are psychological rather than actual.

I've read lots on the forum and understand that most of them never go anywhere once assigned.

That hasn't stopped Robinson Way filing a claim for £350 though.

That I can deal with, even if they get judgement I can afford to pay it off within a month,

this card though. Crumbs, it will go past £7000 at court.

Seen loads of posts on how restons are very aggressive in their approach and like charging orders.

Ok, claim form for this has just been delivered. The POC are rather limited too.

What are my next moves please.

can you please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

we call them childs Threatograms