I&E for Restons- Advise Please

[Honeypot]

Hi All

 

I had a letter this morning from Restons demanding the full amount on a John Lewis credit card.

If I can't pay it then they have been instructed to get a CCJ immeadiately.

 

They go on to say that their client may accept payment by installments. If I wish to consider that option then I have to fill in a Restons I&E questionnaire.

 

I would like to look at this option however their questionnaire is 4 pages long and asks for EVERYTHING you can imagine. Things like NI number, my payroll number at work, savings, type of car I drive, how much its worth etc.

 

They also ask me to list all my debts and whether they are subject of a court order, how much I am paying, whether interest has been frozen etc

 

It really is mega in depth.

 

Can I send my own I&E or do I have to complete theirs? Will it make a difference?

 

This debt is enforceable so I expect a CCJ, however would the court ask for all this info?

 

Any advice appreciated

 

xxxxxxxxxxx

[impecunious]

There is absolutely NO legal or moral compunction to complete this I&E request for Restons. Only a District Judge can ask for such personal information.

 

Personally, I'd suggest completing an I&E sheet for your own use, then determine how much you can reasonably afford the OC each month. Remember, that CC debt is not a priority debt (you can check on the National Debtline website - their I&E sheet is very good)- just pay what you can REASONABLY afford each month. If this case ever does get to court - the DJ will see that you are making every effort to regularly pay what you can afford.

 

A CCJ isn't always inevitable - just start making repayments and take each step as it comes. You'll get lots of good advice on here.

 

Good Luck!

 

 

Impecunious!

[Revenant]

Hi Honeypot

 

No DCA has a legal right to your I & E details let alone NI numbers etc etc a Court is entitled to certain details and I believe there's a Court based form you can use but I can't remember how to find it

 

There's been conflicting ideas recently as to sending I & E details and I for one still believe in not sending them

 

I'd just work things out and let Restons know this is what YOU can aford and take it from there and keep in mind that the CSA Code of Practice states they should accept reasonable offers

 

More info is bound to follow

 

Good luck

 

R

[Honeypot]

Thanks guys

 

Does anyone know if a District Judge has ever made anyone pay more than they can afford ?

[Revenant]

Thanks guys

 

Does anyone know if a District Judge has ever made anyone pay more than they can afford ?

 

I've not heard of it

 

A DJ has to take into account your I & E and unlike greedy DCA's will not expect you to be placed into hardship plus as already stated the DJ will take note of how you've tried to be reasonable and whether or not the DCA's has applied to much pressure

 

R

[PGH7447]

I'd send it back with a BIG F*CK *FF across the centre of it

 

NI number and payroll indeed

[Tingy]

Many on here will know that I often disagree with the approach taken by this site over IE forms. However, for once I am in agreement. They are intruding beyond what is reasonable into your life and have no right to. By all means fill in an IE sheet FOR YOURSELF so you can see your situation in black and white, it often helps. Do not send it to these people who have absolutely no right whatsoever to demand it.

 

No judge is going to make you pay more than you can afford, and that would almost certainly be less than Weston would ask for. Refuse their request, if you want to offer what you know you can afford in the long term and say if they don't accept that then you'll make token payments of £1 per month on x date as a gesture of goodwill and will see them in court.

[jimbo45]

Hi there

With other people dealing with this I might agree -- but RESTON'S are the NASTIEST firm of so called "Solicitors" ever to inhabit this planet -- they will go to court if you are as much as 2 seconds late with anything you send them.

 

Quite frankly I would send an I&E to a COURT if and when (and being RESTONS it will) a Court case is initiated.

 

Do not give scumbags like RESTONS personal details EVER -- they will find all sorts of ways into attempting to make you pay more than you can afford and if you miss one -- Bang --on go the charges again.

 

Incidentally check also their "Collection Fees" or other charges -- these CAN be challenged as they are usually pretty horrific -- even the Mafia might be surprised at how much they attempt to add on in "fees".

 

I've still got an ongoing dispute with this firm --despite clearing off a Full and Final settlement on a Charging Order WHICH THEY AGREED TO it STILL shows on the Land registry some months after it has been cleared and I have NEVER EVER been able to get a statement of account from this lot.

 

I currently am seeing what Companies House can do in regards to "Inproper Accounting Proceedures" -- I've exhausted the Legal Ombudsman and the OFT -- seems amazing that you can pay a company nerayly 10,000 GBP and STILL cannot get any sensible type of statement or invoice.

 

Cheers

jimbo

[Tingy]

Jimbo, apologies to OP for going off subject, but what you say in your post is downright disgusting and frightening!

[jimbo45]

Hi there

I hope you weren't suggesting that I was making disgusting and inaccurate remarks -- my post was based on PERSONAL experience with this so called firm of "Solicitors".

 

I got involved with a Marbles / HFC card and had a Credit limit of over 10,000 GBP on this --usually increased automatically without any request on my part -- but at that time things were going great and the good times looked like they could never end.

 

Then SUDDENLY everything stopped -- at a stroke -- note no warning or whatever.

 

I was actually working away out of the country at the time -- so a CCJ etc went through. I didn't pay it of course -- and by the time I could have done anything about it Charging Order had been placed on property -- and they wanted to add a HUGE collection fee.

 

Fortunately I managed to get a deal with HFC Bank for a full and final but RESTONS who promised to remove the charging order have done sweet *** all about it and I checked TODAY 07 DEC 2010 and the wretched charging order is STILL registered.

 

Fortunately I have the full and final agreeement -- BUT DO NOT TRUST ANYTHING RESTONS SAY EVEN IF YOU GET IT IN WRITING.

 

Of all the firms I really hate in the UK these two are THE WORST : CAPQUEST and RESTONS.

 

These are the two firms who obviously employ the most nastiest and insidious people YOU EVER to have to deal with with and of the two RESTONS is probably just marginally the most evil of them.

 

I've also complained to HFC Bank who agreed the full and Final settlement why on earth have they NOT TERMINATED RESTON'S contract with them as all they do is bring HFC's name into serious disrepute (I haven't mentioned that HFC Bank actually doesn't have a particularly good name to start with anyway) .

 

I've also complained to HSBC who technically own HFC Bank as well about who they are using to conduct the Bank's affairs. It's HIDEOUSLY bad publicity when HSBC is trying to re-invent itself as "The Global Neighbourhood Bank".

 

If you can get decent accounts out of Restons then good luck but I'm so MAD with this lot that I am going to use every method I know to get this lot shut down FOR GOOD.

 

I'm still pushing ahead with the Companies House complaint --and also going to see if a complaint to HM INLAND REVENUE might raise an eyebrow or two --after all if they can't send out proper accounts chances are their tax returns will be flakey as well.

 

I'm not going to let this one go BTW RESTONS HAVE HAD IT IMO.

 

Cheers

 

Jimbo

Edited December 7, 2010 by jimbo45

[Tingy]

Don't take it the wrong way - I mean the situation you find yourself in is disgusting and frightening - caused by their failure to provide statements etc.... I was sympathising with you, not criticising you! Apologies for the bad wording.

 

Tingy:-)

[Honeypot]

Thanks for your insight Jimbo.

 

My CCA is watertight so I've already lost this and will expect a CCJ and Charging Order early next year.

 

If I can only afford X amount a month and Restons don't accept what will the judge do?

[Revenant]

Thanks for your insight Jimbo.

 

My CCA is watertight so I've already lost this and will expect a CCJ and Charging Order early next year.

 

If I can only afford X amount a month and Restons don't accept what will the judge do?

 

Not easy I know but try not to worry

 

The Judge will take all things into account and may well take the opinion that what you say you can afford is actually too much and order a lower payment

 

I guess at the moment all people can do is offer advice/opinion but until something happens it can't be more definative

 

Regards

 

R

[Tingy]

The judge will ask you to produce an IE sheet, s/he will look at it and then tell you what you need to pay each month. It WILL be an affordable amount, so don't worry. Don't push yourself if you're thiinking of making an offer to Restons, you need to have a life as well, so make sure that any offer is one that you can sustain long term, bearing in mind every x months they'll try to get more out of you. Veer on the low side - the least you know for certain you can afford.

 

If you haven't already done one, I'd fill in an IE sheet for your personal use - it will give you a black and white picture of your financial position. Don't forget things like MOT costs, car repairs, realistic weekly shopping, dry cleaning etc... etc....

[Honeypot]

Thanks R, Thanks Tingy

 

I guess because my debt is high and my income low the judge will just laugh at me. Can a judge make you bankrupt or make you sell your house if my repayment offer is too low?

 

Sorry to ramble on

x

[Tingy]

If you don't mind me asking, how much is your total debt? How many debts is this total comprised of? How old are they? The more info the better.

 

In response to your answer above I don't know. I GUESS ultimately the answer may be yes, but not for the reason you say. You offer what you feel you can afford. IF it goes to court (BIG IF) the judge would look at the overall picture, not just this debt, hence my asking the questions above. They would not want to force you to sell your house and BK is always a last resort. I'm pretty sure they'd try to reach some other agreement before anything like that happened.

[Revenant]

Thanks R, Thanks Tingy

 

I guess because my debt is high and my income low the judge will just laugh at me. Can a judge make you bankrupt or make you sell your house if my repayment offer is too low?

 

Sorry to ramble on

x

 

Then maybe the Jaudge can laugh even more at Restons for being so bliddy money grabbing and unreasonable

Chin up mate

R

[jimbo45]

Hi there

Any Court will give you a better deal than RESTONS -- judges don't make forced sales of properties on consumer debt (such as Credit Cards) for less than around 25,000 GBP. Just Google.

 

Actually the whole Charging Order stuff is a bit pointless these days since with almost NO chance of a forced sale the "requesting Company" has to wait UNTL YOU SELL --could be 30 years or more away and they are the lowest on the pecking order if the case does go to Court --- the whole purpose of Charging orders these days is just simply to frightening property ownwrs to pay upmore than they can afford.

 

Their whole use is discredied these days although firms will still go for these -- but they WON'T GET ANY MONEY in the short term.

 

RESTONS always go for charging orders and then tell you to pay up or they will go to Court again and ask for a forced sale --they will NEVER get it of course these days so you are actually in a good positiion to offer a Full and Final -- for example 11,00 GBP on a Charging Order they won't get for at LEAST 30 years or offer 3,500 GBP over say a few months which the CAN get.

 

Greed actually works to your advantage here.

 

Cheers

jimbo