Reston's Solicitors chasing old Halifax credit Card 'debt'

[jonlawton]

Hi

I wonder if anyone can help.

 

I have various CCJ's which are being paid and

 

a recent check on my credit file shows that all my previous old defaults/CCJ's have disappeared

since it was more than 6 years since they were applied.

 

One particular one is a credit card from Halifax which is for £5.5k.

 

It was only ever defaulted and I am now starting again to receive letters for settlement.

 

Over the years this has probably been passed on and

 

I recently received a letter from Marlin who were appointment by Cabot Financial.

 

I ignored this and they have now passed it onto Reston’s who are threating court action.

 

One thing to note here is around this time in 2009

 

I did contact the CCCS to start a debt management plan and only ever made 1 payment to them.

 

I am unsure who the CCCS actually sent the money to but I am guessing they split it over all my creditors by apportionment.

 

My question is

 

because this payment was made, is there any point writing to Reston’s saying the debt is statute barred?

 

Would I be wasting my time as they will have a record already of the last payment being 5 years ago?

 

I am tempted to just ignore the Reston’s letter but I have a feeling they will go for a CCJ.

 

Any advice would be most welcome.

 

Thanks

[renegadeimp]

If cabot is involved, get a CCA request done ASAP.

[ims21]

Restons should be handled with care as they are keen on litigation. They will also tell you one thing and then do another so trust them at your peril.

 

Have you got any paperwork for this account in its travels around the DCAs?

 

If so you could compare figures being demanded and see of there are any decreases which might indicate whether a payment was made. For example, if you know what the default balance was and then you have something after the date that CCCS got involved and the latter figure is less then that would indicate a payment being made.

 

Have you contacted CCCS to see if they can tell you who they paid?

[ims21]

Thread moved to the Debt Collection forum

[jonlawton]

Restons should be handled with care as they are keen on litigation. They will also tell you one thing and then do another so trust them at your peril.

 

Have you got any paperwork for this account in its travels around the DCAs?

 

If so you could compare figures being demanded and see of there are any decreases which might indicate whether a payment was made. For example, if you know what the default balance was and then you have something after the date that CCCS got involved and the latter figure is less then that would indicate a payment being made.

 

Have you contacted CCCS to see if they can tell you who they paid?

 

I have no paperwork and as there is now nothing on my credit file with Experian or Equifax I can't check. I think I will contact the CCCS given I have to respond to Restons by 2nd June. CCCS should be able to track back.

 

Based on what you have said re Restons and CCCS did make a payment I will fill in the income v expense form and offer some form of payment plan with them. I don't want another CCJ.

 

Would you say that is a good approach?

 

Thanks for the prompt response also.

 

Jon

[ims21]

You need to find out about that possible payment before you do anything with Restons.

 

If it were me I would also SAR the original lender to get as much information on the account as possible as there may be penalty charges and perhaps PPI on the account which you could claim back.

 

In addition, get a CCA request off to Cabot too.

[renegadeimp]

More info you have on the debt, the better. As stated restons are litigous. I'm dealing with them for debts that go as far back as 2003. I've only ever made the first payment on them back then. So they are well SB. Just waiting to see what reston/arrow have to say to it, cos i can prove completely that no payment was made.

[jonlawton]

Hi

 

I have just contacted the CCCS.

 

My account had been archived but they could see the debt on their creditors list and the amount was £13 more than what is on the letter from Reston's.

 

I guess a payment was made

 

They are unarchiving my file to get the date and the last payment

 

but they know it was to a DCA called Fire (it has obviously been passed on since then).

 

I am sending off all the CCA and SAR letters today and

 

I am also chancing sending the SB letter to Reston's and see if I can buy anytime with them doing their own investigations to check up on any payments.

 

Would that be a wise move at this point?J

[Stigman]

They are unarchiving my file to get the date and the last payment but they know it was to a DCA called Fire

 

Just for your reference, FIRE is Cabot (Same Floor, Office & Staff).

FIRE's website is still saying "Undergoing Essential Maintenance" - (Must be big maintenance, website has been like it for a couple months now!)

 

Does a payment to Cabot spring to mind?

 

Stigman

[jonlawton]

Just for your reference, FIRE is Cabot (Same Floor, Office & Staff).

FIRE's website is still saying "Undergoing Essential Maintenance" - (Must be big maintenance, website has been like it for a couple months now!)

 

Does a payment to Cabot spring to mind?

 

Stigman

 

I have never made a payment to Cabot (when it was FIRE or at anytime) but that's what I am assuming the CCCS did on my behalf back in 2009 albeit for £13.

 

Just posted SAR and CCA letters off recorded 1st class so we shall see. I will hit Restons with the SB letter tomorrow.

 

J

[citizenB]

You could also send a short note to Restons advising that you believe their claim is incorrect and you are seeking both information and advice. That you would like them to put any action on hold for a period of 28 days giving you time to collate your information.

[jonlawton]

Hi all

 

Well, I have just received this today from Cabot after asking for CCA

 

I guess does this mean I sit and wait what they come up with?

 

 

I have also SARd the info myself direct from Halifax so will be interesting if they come up with the same agreement.

 

 

I am really hoping the agreement doesn't have the prescribed terms (credit card agreement taken out in 2004).

 

What should I do if Reston's escalate or successfully get court order in the meantime? Do I challenge it?

 

Thanks

[ims21]

jpg images are too small to read.

 

Can you please follow these instructions by dx100uk and convert them to PDF and re-post

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAGicon in the title

i'e Default notice DDicon-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

[jonlawton]

Hi

 

Nearly 2 months ago, I had a letter from Restons threatening court action over a 6 year old debt.

 

The reference has since been removed from my file but

 

5 years ago, I know the CCCA paid a small amount so I don't think I can get away with statute barred (even though I haven't yet challenged this).

 

I asked Cabot for a copy of the CCA which they were unable to provide....yet!

 

At the same time I sent a SAR to halifax and

 

last week received a copy of the original CCA which I am not sure contains all the prescribed terms so wondered if someone could check it out.

 

today I received a letter from Cabot saying they are still unable to send a copy

and the debt is now in dispute and they will continue to request the information.

 

My questions are:

 

a) Is my CCA enforceable?

b) How come Cabot can not obtain a true copy but I have done from Halifax?

 

Any help would be appreciated.

 

Thanks

 

Jon

[theoldrouge]

could you please post up your sar reply and cabot letter with all personal details removed,

 

and give a fuller story of the account to date

 

eg when the account started, what type of ac, when it was sold to cabot etc

[jonlawton]

Hi,

 

This was a Halifax credit card started in September 2005 and defaulted in 2007.

 

I received the usual debt collection letters and subsequently started a CCCA debt management plan which

I only made 1 payment through them to all my creditors in 2008.

 

I believe a nominal amount of about £11 would have gone to this account to whoever was the DCA at the time (Fire I think).

 

Has various letters over the years but ignored them until a letter first from

 

Marlin saying they were acting on behalf of Cabot,

 

then after about a week a letter from Restons solicitors came saying they were acting on behalf of Cabot and about to issue proceedings.

 

It was at this point, I thought I would just see if they could produce a CCA.

 

I sent them a £1 PO and simultaneously sent an SAR off to Halifax.

 

Cabot came back within a matter of days saying they did not hold such information and would endeavour to get it within 40 days.

 

I received my SAR information earlier this week on the 15th with the CCA copy that is in the attachment.

Today I received the letter from Cabot attached.

 

I guess it's only a matter of time before they send me the same thing as the Halifax have done and at that point,

 

if the CCA is enforceable, I would be best to negotiate with them rather than them go for a CCJ.

 

What do think? Hope this is enough information for you.

 

Thanks

Edited July 19, 2014 by jonlawton

[theoldrouge]

link shows nothing, please use this method as posted by dx100uk

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[jonlawton]

have attached them

 

Thanks

[theoldrouge]

if thats all you have received so far, then it does not meet the requirements of s78(1)

 

would also need terms and conditions at inception

 

terms as varied

 

and simple statement of account

 

any charges or ppi you could reclaim?

[goodatresearch]

Looks like they provide the original application form with PT, but its not signed by the Halifax. It would be easy for them to reconstruct the agreement and provide terms as varied and statement of account. Or am I missing something?

[jonlawton]

The Halifax sent about a ream of paper most of it reconstituted statements. They did enclose a copy of the t & c's at the time the account was opened but this is nothing more than a printed copy and isn't photocopied like the CCA. The CCA has been reconstituted within the t & c document but does not contain any signatures.

 

I could scan this in if it would help but it's quite a number if pages. The only signature is mine in the photocopied CCA.

 

Thanks

 

Jon

[jonlawton]

The Halifax sent about a ream of paper most of it reconstituted statements. They did enclose a copy of the t & c's at the time the account was opened but this is nothing more than a printed copy and isn't photocopied like the CCA. The CCA has been reconstituted within the t & c document but does not contain any signatures.

 

I could scan this in if it would help but it's quite a number if pages. The only signature is mine in the photocopied CCA.

 

Thanks

 

Jon

[fletch70]

Regardless of what HBOS have sent you , if Cabot have not replied to your CCA request they are in default of the request and the account is unenforceable.

 

As for what came from HBOS an agreement does not have to be signed by the creditor . Are you sure it contains the PT's. When was it taken out?

[jonlawton]

It was taken out September 2005. It does not indicate my credit limit and says that will be determined but doesn't describe how. It appears to cover repayments, apr and actual interest and I have signed it. The only thing I think is dubious is the lack of credit limit but reading on the forums this appears to be acceptable under the CCA. Also the rest of the t & c's are not on the same document that I signed.

 

You are right, as yet Cabot haven't come up with the copy yet but I am guessing if HBOS have readily got it for me it's only a matter of time before Cabot receive their copy from

HBOS.

 

Thanks

[fletch70]

When was the last payment made?

It may be that cabot will never come up with the fully required documents. I would wait and see to be honest.

 

You are indeed right as long as it says they will determine your credit limit that is fine