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jamiecoxy

restons solicitors stating my o2 account is not statute barred??

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hi guys,

 

i recently sent off a template letter to restons solicitors regarding an old o2 account

telling them my o2 account that has been passed to them is now statute barred.

 

they have responded with a letter stating the account was opened on or around 21 june 2005

and a credit in the sum of £8.50 was made on the 8th june 2008.

 

i am 100% sure no payments were made then,

i have no proof, but by the wording of their letter (the on or around 21 june 2005) neither have they.

 

they are now asking me to complete a financial statement

and return within 2 weeks or legal proceedings will commence.

 

have i opened a can of worms here??

 

i am guessing i can ask for proof that the credit was made and that i made it?

 

any help please friends and thank you for reading.

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Tell them to prove the payment was made, and was made by you. It is pretty common for various DCA's and their sols for hire to invent payments, and then later say it was an admin error.

 

Since its restons, im guessing the creditor they are collecting for is Arrow? if so, then it is 99.9% likely it is a phantom payment.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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thanks for your reply.

 

yeah it is arrow, i really dont remember making any payments, is there a template i should use or just a standard letter asking for proof?

 

many thanks.

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No. you haven't opened a can of worms.

 

Write to them telling them that:

1. The account is in dispute because you deny that the payment came from you and the sums owing are not correct as a result.

2. That you want to know the sort code, account number and payee reference of that payment, and any other payment to the account since the relevant date.

3. Proceeding to litigation on a disputed account is vexatious.

 

These "phantom" payments are very often due to an adjustment of interest or a charge reversal from the original creditor.

 

I would also strongly recommend a SAR to the company that held the account during the relevant time 6 years ago.

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Have they commenced litigation?


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hi guys, received a letter today saying that restons are still pursuing a debt that i wrote to them telling them its statute barred.

 

i used templates from here, asking for lots of proof of why it isnt, which they have not provided,

but they have now sent a letter saying they have provided all information they hold

and their position remains unchanged.

if i dont pay by 12th may, they will be issuing court summons,

or i can pay in instalments or pay a one off reduced balance.

 

the debt is 100% statue barred and they have not given me any info i asked for,

(proof of final payment made, how it was paid, who paid it, or any receipts)

and i have not acknowlodged the debt.

 

shall i just ignore, because in my last letter i said if they do not provide relevant info, it will be my last correspondence?

 

many thanks for all help.

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no they havent started litigation yet. but are pursuing debt without providing requested information, what to do now please?

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original debt is from arrow global passed from o2, hasnt been acknowlodged or paid since 2006.

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can you please explain the debt fully so we may advise correctly

 

MM


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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can you get a copy of your credit file please

 

does this debt show.

 

see noddle listed below

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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sorry yeah -

its a old littlewoods shop direct debt,

 

last time it was acknowledged or payment was 2006. since then nothing.

 

i have replied to recent letter they sent me, with a template stating that it is statute barred,

 

they replied saying a credit was made in 10th june 2008 for £5.80.

 

i have sent them a letter asking for proof of this and how the credit was made and who made it and

 

they have now replied saying that is all the information they hold on the matter and are still pursuing the debt.

 

if i dont pay by 12th may, they will begin court proceedings?

 

i definatly didnt make that payment, if was going to pay anything it would have been either £5.00 or £10.00, not a random figure like £5.80.

 

hope this info is ok. many thanks jamie.

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They are known for inventing payments. Notice how they are refusing to prove the payment was actually made and wont provide details?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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letter does not say WILL anywhere

 

read it carefully

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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I'd report it to the FCA, as it could be seen as attempting to obtain money by deception. Even if they simply file the complaint, at least youve made them aware of it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'd report it to the FCA, as it could be seen as attempting to obtain money by deception. Even if they simply file the complaint, at least youve made them aware of it.

m keeping an eye on this feed... interesting. :|


Abbey Settled 3,600:cool:

 

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Abbey

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so this becomes SB'd next month again? TBH leave it alone they are on thin ice

 

 

MM


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Jamie, This thread starts as an O2 account with an alleged payment of £8.50.08/06/08

Now we have a Littlewoods account with an alleged payment of £5.80??? 10/06/08

 

 

Which is it please Littlewoods is a CCA 1974 regulated agreement, O2 is a Service Contract (unregulated) the approach will be different in each case.


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jamiecoxy

 

 

You are a very confusing poster, so to stop all of this confusion you must now post up the letter you have received in a PDF format, remove all the personal detail including any barcodes. Do this in mspaint, then post it up dx100uk I am sure will post up the easiest way to do this .

 

 

Then we can see the issues that you are causing ok, this for you in this instance will be the best way forward and stop us asking all these questions.

 

 

Please do so as soon as you can otherwise you run a very bad risk of losing help here.

 

 

This is my personal opinion but I believe the correct one to help you get the best advice.

 

 

MM


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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jamiecoxy

 

 

You are a very confusing poster, so to stop all of this confusion you must now post up the letter you have received in a PDF format, remove all the personal detail including any barcodes. Do this in mspaint, then post it up dx100uk I am sure will post up the easiest way to do this .

 

 

Then we can see the issues that you are causing ok, this for you in this instance will be the best way forward and stop us asking all these questions.

 

 

Please do so as soon as you can otherwise you run a very bad risk of losing help here.

 

 

This is my personal opinion but I believe the correct one to help you get the best advice.

 

 

MM

 

 

See post 17 Miky


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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