Hi all,

I'm putting this here in this section as Restons are threatening that I will be receiving a county court claim soon.

In April 2009,

I was offered a Vanquis card and I took it.

I fell in a rough patch mid 2010 with payday loan spiral,

and towards December 2010 I started missing various debt obligations.

I was drowning under Vanquis as well,

they would take my payment,

and then their ROP charges pushed me over the limit and then I'd get a late payment fee added.

Mid January 2011, I put the account verbally in dispute with the person who had phoned me, demanding additional payment.

Credit limit was £250, they were chasing me for £700.

Few debt collectors have come and gone, I've always ignored them.

Beginning of March this year,

I got a letter from Restons,

demanding payment.

I emailed them and said sorry,

I don't acknowledge any debt to you.

This was shortly followed up by another letter,

saying I owed them £780 for the Vanquis card, last payment date: 18th January 2011.

I responded, saying sorry, this is statute barred.

They responded saying:

We thank you for your email dated 15 March, 2017.

 

To confirm your liability is contractual and arose under a Credit Card facility with Vanquis. Arrow Global Guernsey Limited lawfully acquired the rights under this agreement and in turn instructed us to service the account on their behalf.

 

The information provided to us by our Client is that the default notice was served on or around 29 July, 2011, which is within the last six years. With this in mind it is our Client's position this debt is not statute barred.

 

We now require you to complete a financial questionnaire and return this to our office by no later than 24 April, 2017, with confirmation of your proposals for repayment.

You can complete the questionnaire online at www.restons.co.uk.

 

 

If we cannot come to an amicable repayment arrangement by this date we are instructed to issue legal proceedings against you.

Totally fed up by this now,

I responded to their email,

stating that I had already told them it was statute barred and that the date someone decided to issue a default notice had no bearing on the statute barred date and I suggested they go read the Limitations Act of 1980, and that if they decided they still would like to continue to take me to court,

I would be requesting the courts to regard them as Vexatious Litigants and I would be requesting compensation.

I then got the very snotty letter attached.

Next course of action?

Ignore until I either get a county court application as they have threatened,

or should I be doing something now?

I've just sent off for a SAR to Vanquis as well.

restons threat.pdf

total cobbrers

you should have ignored them from day one.

now you do

unless you get a claimform.

the cause of action is the first missed payment..else if that didn't happen..then nothing would have 'caused' the default..twits.

but that's rectums for you.

dx

Hey dx, well I was being generous and thinking the cause of action would be the date of last payment plus 1 month

But I love playing email tennis when I know I'm in the right.

Yeah I'm ignoring them for now.

to be safe, yes last payment plus a bit extra.

to be extra safe, after the def notice expiry (as that's what they try and claim its from, as seen in their letter)

I understand where they are trying to pull a fast one, but if a creditor decides to only issue a default after a year, that extends the statute barred limit to 7 years

I recall I think it was the OFT at the time said maximum 3 months?

thats one of the reasons why the def notice/default date is not the cause for limitation purposes. imo.

was just saying generally that if a def notice has gone by the 6, then can be extra sure its barred for court purposes (it has unfortunately been seen that some dj's have gone with the def notice)

*Reads Letter*

Yanquis... Who are they?

I understand where they are trying to pull a fast one, but if a creditor decides to only issue a default after a year, that extends the statute barred limit to 7 years

I recall I think it was the OFT at the time said maximum 3 months?

there is no link between statute barred date and issuance of a default notice..

never has been and never will be.

dx

*Reads Letter*

 

Yanquis... Who are they?

HaHaHa! I didn't even notice that. Muppets.

to be safe, yes last payment plus a bit extra.

to add to that.

is re where for eg the terms allow for a missed payment. shld then add on a bit extra to be sure.

I actually have the original terms that were emailed to me when I opened the account. I cannot find any terms for dealing with missed payments and account closure.

Its part of the std conditions under CCA

Despite Reston's being told that the debt is statute barred,

they have decided to go ahead and issue a County court claim.

Name of the Claimant ? ARROW GLOBAL GUERNSEY LIMITED

Date of issue – 30TH MAY 2017

Date of issue 30TH + 19 days ( 5 day for service + 14 days to acknowledge) = Friday 16TH JUNE + 14 days to submit defence = 30th June (33 days in total) -

What is the claim for –

1.THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND VANQUIS DATED ON OR ABOUT APRIL 14 2009 AND ASSIGNED TO THE CLAIMANT ON FEB 28 2012.

PARTICULARS A/C NO- XXXXXXXXX

DATE ITEM VALUE

10/02/2017 DEFAULT BALANCE 782

POST REFRL CR NIL

TOTAL 782

What is the value of the claim? £912.00

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? AFTER -2009

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ASSIGNED TO ARROW GLOBAL WHO ISSUED CLAIM

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

Did you receive a Default Notice from the original creditor? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? EVERY MONTH MY PAYMENT WOULD GO OFF, THEN ACCOUNT FEES WOULD PUT IT OVER LIMIT, THEN OVERLIMIT FEES WOULD BE APPLIED TO MAKE TOTAL EVEN LARGER. CREDIT LIMIT OF £200. REQUESTED HELP FROM VANQUIS AS HAD LOST JOB FOR TWO MONTHS, I WAS IGNORED.

What was the date of your last payment? 14TH FEBRUARY 2011. THIS WAS VERIFIED IN A LETTER FROM RESTONS!

Was there a dispute with the original creditor that remains unresolved? YES. I REQUESTED HELP WITH PAYMENTS, AS THEIR FEES WERE PUTTING ME OVER THE LIMIT EACH MONTH.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES, REQUESTED HELP FROM ORIGINAL CREDITOR.

On the 15th of March, I received a threatening letter from Reston's telling me I owed them money, I responded asking for more info. They sent me an email saying I owed them money.

I informed them on the 27th of March that I believed the alleged debt to be statute barred.

On the 10th of April 2017,

they replied and said the credit card had been defaulted on the 29th of July 2011,

therefore was within the 6 years,

and that they are in the position it is not statute barred

and I need to pay them or they will issue court papers.

I replied the same day and denied that the default date had anything to do with the Statute of Limitations, and that should they decide to take this to court, despite being told it is statute barred, I would be requesting the court to regard them as Vexatious Litigants (they didn't like this and wrote an extremely rude letter back, lol)

So now:

I go online to MCOL, ack and defend all and leave jurisdiction.

I've already sent SAR off to Vanquis. Should I send off a CPR 31.14 to Restons as well?

Any merit in waiting longer for stat barred defence?

Hello there.

I've moved you to Financial Legal, the guys should be along later.

HB

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

don't mess around

go file this defence now:

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980.

5.If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

6.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

dx

Yeah, thanks, I've done that.

Looking through a lot of recent threads,

Rectums seem to be issuing a lot of claims recently where they have been informed it is statute barred and they ignore that, or seem to think default date means the "cause of action" to start the stat barred clock running.

Yeah, thanks, I've done that.

Looking through a lot of recent threads, Rectums seem to be issuing a lot of claims recently where they have been informed it is statute barred and they ignore that, or seem to think default date means the "cause of action" to start the stat barred clock running.

Thats why I drafted the above to incorporate the normal Statute Barred response plus the inclusion of point 3.

Andy

Me thinks people should start complaining to the courts regarding Rectum's wasting court's time if they ever get to the court stage.

Oh dear.

Vanquis just sent me all the paperwork for my SAR I did ages ago.

Copy of the T's & C's, a nice covering letter saying if I want copy statements it will cost £5 each as per their terms and conditions, and then kindly gave me someone else's account details, transactions, address, email, all contact details as well as full account history!

report them to the ICO, with the letter they sent and deatils of the other persons info etc

no they cant charge £5 per statement

I am. Plus I'm emailing the person who's details they sent me and telling her to complain to ICO as well

no they cant charge £5 per statement

I know they can't.

I have not heard anything from Restons since the 16th of June,

where they sent me a letter acknowledging receipt of my "poorly written defence found on numerous consumer websites" and that they were waiting for further instruction from their Clients, Arrow Global.

Nothing else has been done with this claim, no updates or anything.

Don't they have a time limit to respond?

Should I email northampton asking if it should be discontinued due to claimant not responding, etc? Or just sit tight?

the claim is stayed

until/unless they pay a fee to lift it

nothing for you to do.

dx