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Dear CAG Restons have written to me: That they have been instructed to review my payment plan. That I should provide my financial information and breakdown again. That they want to determine if the payment arrangement I have with them is affordable. Please advise, if I am correct in understanding: a. I am required to remain compliant to the actual order by the court. (in the court order it states, "the claimant had objected to the rate of payment you have offered. The court has therefore decided at the rate which you should pay.") This is via monthly instalments of £5/month until the debt is settled. b. That I do not have an "arrangement" so to speak, with Restons. I have an order from the court. The background information is self-explanatory in the reply I have sent to them, as copied below. Dear Sir/ Madam Your ref: xxxxx Amount claimed: £15541.85 Letter dated xx March 2017 by Miss H xxx Further to your letter as attached: 1. Please note that my understanding is that you had obtained a CCJ and the court had ordered, directing me to pay £5 a month until this debt is settled. 2. This was ordered at CC Business Centre, Northampton on the x of Feb 2016, for a total sum of £15541.85 including interest and court costs, owed to your clients. 3. I have attached the copy of the order for ease of reference. The claim no. is xxxxxx 4. Yourselves had further obtained a charging order against my home which I had not contested. This is dated x April 2016. (I do not have or own any other properties.) 5. I have remained compliant to, as directed by the court and I understand, that the onus is on me to continue to make the payments at £5 per month. 6. Please explain, why the outstanding balance is shown to be greater than that on the court order. I have made payments to cover the payment due date, of the 28 of Feb 2017 (13 payments x £5 = £65), prior to when you have written to me, with £15709.41 as the balance amount in your letter dated the 10th of March 2017. I am not in agreement with the outstanding sum you state. 7. Please also note this as a formal complaint. In your letter dated 10 March 2017, you have stated and informing me about legal/recovery actions, even though I have remained compliant with the court order. This has caused me a lot of distress and is now affecting my health to an extent, that I am having sleepless nights. I have experienced extreme anxiety. I have tried to call Miss H xxxxx who is named on this letter, numerous times on the telephone number 01925426100 and have also left a message to return my call, but to no avail. 8. I will continue to make the monthly payments of £5. 9. Ref offer of a discounted settlement: a. Further to your second letter dated the 13th of March, 2017, with a discount of 20% available to me, against the outstanding sum, via three equal monthly instalments of £4089.30, please be advised, that I am unable to take up this offer. b. However, if you were to accept a sum of £1555 to settle and close this account, I may be able to get some help from a relative abroad. I may be able to make this payment before the end of April 2017. I shall await your confirmation on this. c. Another debt collection agency had offered to me a discounted settlement, in February 2017 for £400 against an actual balance of £4000. I did manage to settle this account with a plea to reduce my associated stress and burden, to a relative abroad. I can attempt to do the same, for a sum of £1555 to settle the account with MFS portfolio, if you were to advise so. Please note that there will not be a time limit for I to repay such a cash advance to me. Therefore, it will not add to my current level of stress. Your Sincerely
Had a letter off Restons back in November telling me to set up a payment plan for an alleged credit card I had with Halifax for £13500 I can't recall any card I had with an amount like that on it. I rang them up and said I had a letter stating that I needed to set up a payment and asked them to send documents to prove i owed the alleged debt. The woman was very evassive and kept saying you must set up a plan or we will take court action. I repeatedly said until I have documentation proving I owe the debt I will not agree to anything. After being put on hold after I asked who do I write to have the documents sent to me, is, them, MFS or cabot, she came back saying she is not obliged to tell me and it is up to me to prove I do not owe the debt. I did a little research and found that Restons have a reputation of being evasive, non helpful and use bullying tactics to scare you into a payment plan. after some more research I found a conditional acceptance letter I sent off to all 3 companies(recorded) asking them for original copies of contract and other information that is required. I heard nothing back after 15 days sent the second letter of non conformity and asked again for documents to be sent across. I heard nothing from MFS or cabot, but had a letter from Restons saying I must set up a payment plan and that their client will not send out the documents requested as it is uneccessary and irrelevant. A couple of days later, 23rd December, I got court papers through the post where with costs they are asking for just under £14500 I submitted a defence online stating I have requested documents on the dates sent, and dates received. I stated I received nothing back in the 14 day time scale. I said I sent the request again and heard nothing back again accept the response from Restons and that I have nothing to say I owe the alleged debt. My issue is that I don't think I put enough in the defence and didn't use legalise terminology do I write to Restons requesting a CPR 32..14 for all documentation. Can I resubmit the defence with more information or did I respond too quick and done it all wrong. I had a letter from Northampton saying that they are forwarding my defence. In my defence I did also contest the durastriction of Northampton county court. Any help on this would be gratefully received and appreciated.
Hiya Ladies and Gents, A few years back I had a CC with MBNA which I disputed due to them being unable to provide an enforcable credit agreement. They pursued me for the outstanding balance for a while and eventually passed it over to a company called Optima (i think) who harrassed me for a few months and then gave up after offering a settlement figure of approx 10% of the balance which i declined. I haven't heard a peep from them since. This was 3 years ago but last week I got a letter from MBNA stating that they transferred the right to collect this account to a company called MFS Portfolio Ltd. Just wondering if anyones had any dealings with this company and what to expect now. Thanks in advance for any advice. Travis