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I had an online credit card with HFC (opened in 2005) which I defaulted on in 2009. It was then 'passed' to Restons.

I don't know if Restons are really a solicitors as they claim or a DCA.

 

from 2009 I negotiated payment of £1 to each of my creditors, including Restons.

 

In 2009 I CCA'd Restons and in 2010 Restons issued proceedings against me saying the £1 wasnt sufficient.

 

I defended the proceedings and the proceedings were discontinued before it got to court with no Order as to costs.

 

Am still paying the £1 although I havent heard from Restons since the court case was discontinued.

 

I thought creditors have an obligation to provide periodic statements so wondered if Restons still owned my debt.

Therefore a few weeks ago I CCA's them again.

 

They returned my £1 postal order and said they were confused as to why I was making such a request.

 

They did provide me with the agreement though not the terms and conditions or up to date statement.

 

Maybe once you have CCA'd a creditor they count that as sufficient and no point chasing any further even though they havent complied with my current CCA request....

 

I suppose it's wise now just to keep going with the £1 payments as they were really tough to defeat once they had their claws in and I dont want to antagonise them.

Edited by citizenB
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Restons are solicitors.

 

What is the value of the debt.

 

What type of defence did you submit on the claim that was subsequently discontinued ? At what point did they discontinue, was it after you submitted the defence ?

 

I doubt very much that it is Restons who actually owns the account. They would have been acting on behalf of another company/DCA at the time they issued the claim and this is probably why they are confused as to your sending the CCA to them.

 

So you need to establish who actually owns the account now. You might find this on your credit file (unless there is no longer any reporting to the CRAs due to the age of the account)

 

But yes, it is a statutory requirement that you receive a statement, at least once a year. You should also be receiving a Notice of Sums in Arrears at least once a year.

 

If the claim was discontinued due to their not having any paperwork, eg the agreement, then it is probably a waste of time and money continuing to request by way of CCA.

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How are you making your £1.00 payments ?

 

Do you own your own home ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If rectums disc'd a claim

I'd not be paying them anything

 

Esp on an HFC card that was prob mostly PPI & penalties

 

Sar to HFC

Get reclaim ing

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The debt stands at £6,644.38.

 

 

Looking again at the papers they sent,

they did send me a statement from 2009 - 2011,

though not the terms and conditions.

Plus the agreement is actually merely an application form which doesnt give credit limit or APR.

 

At the time they issued me with proceedings they told me they werent able to provide me with an agreement

tho ultimately they did come up with the application form plus terms and conditions.

 

 

I defended it by contacting FOS and challenging the unfair charges they levied in court costs and interest they had added

and HSBC (or HFC) lack of communication with me and the fact that they had originally told me they didnt have the agreement.

 

They withdrew the claim a few weeks after I issued my defence before it got to a hearing,

though kept saying for a long time that I had no hope of winning so should withdraw my defence.

 

 

This card no longer shows on my credit file and Restons have always insisted they are representing HFC/HSBC.

Edited by maroondevo52
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Yes. I do own my own home but have big arrears on mortgage.

 

Restons were probably trying to get a charge on my property.

 

I did offer a Tomlins Agreement which they refused

 

. I told Restons that in view of my circumstances all my creditors had agreed to the £1 payment which Stepchange did an income and expenditure form for me which I sent out to everyone.

 

Also CAB wrote a letter to all my creditors asking them to write off my debt in 2011 due to physical and mental disability.

 

None agreed to do that (CAB say they have little success with such requests when the debtor is a homeowner) but I do believe the FOS take a poor view of creditors who aggressively pursue a debtor who have such issues.

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Please could you advise me as to whether I should continue the £1 token payments to Restons whilst pursuing the SAR ?? Also, I wonder whether I should point out to Restons in reply "The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request."........

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As you own your own home, I would be reluctant to advise you to cease making payments.

 

I think perhaps you should look to be reclaiming any charges you might have been subjected to - even if it only reduces the amount outstanding. Is there any PPI that might have been mis sold ?

 

If they have not complied with your CCA request, then there is little point in pestering them for it.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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can you scan up what they sent you?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use a mobile or digital camera

 

 

upload guide

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I feel inclined to write to Restons, despite the fact they didnt comply with my CCA request,

and tell them why I sent them the request in the first place

- ie I didnt know if they still held the debt

because it is a statutory requirement that I receive a statement at least once a year

and a Notice of Sums in Arrears at least once a year

and I have heard nothing from them for three years since the court case was discontinued.

 

 

Also, despite a claims firm request of a CCA from them in 2009

(the claim was not continued because the claim firm was dissolved)

 

 

the application form they provided then and on subsequent occasions is not an agreement...

.... Doesnt show credit limit or APR.

 

 

The terms and conditions are illegible but does say at the bottom

' please return this with the application form'.

 

 

Presumably Restons have had some success though with using this application as a substitute for an agreement in court, or they wouldnt keep producing it?

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rectums might well think that complies with a section 77/78 CCA

but they'll need the signed agreement to goto court

 

 

pers I'd not be telling them anything

 

 

nor pers paying anything

 

 

your call

 

 

p#haps await the sar .

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well they tried to take me to court with it last time, when they asked for an Order for Summary Judgement.

 

 

After I had submitted my defence papers about the Legal Agreement, they said they had complied with my request.

 

 

I'm sure it was the intervention of the FOS that put the brakes on them that time regarding charges.

 

 

When I raised the question of the agreeement to FOS they said only a judge could make that decision. Not sure I could take the risk of Restons taking me to court.....

 

"in opposing a summary judgment, it is not necessary to show that you win on the issue.

It is only necessary that you show that a genuine, as opposed to a frivolous, issue of fact exists.

 

 

Moreover, most laws give the benefit of the doubt as to whether a material issue of facts exists to the non moving party.

 

 

Thus, in a close case, the person moving for summary judgment usually loses on their motion."

 

 

I think it was this that won it last time - ie it wasnt as cut and dried as Restons claimed.

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Post 4...

About the sar

No good sending one to anyone bar the original creditor

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" ....and I have just read online that once a claim has been discontinued in court, it can not be brought again for the same action. "

 

Incorrect...only if its been judged and struck out...not discontinued.

 

Andy

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Thanks for all these replies.

 

 

I wish I had posted way back when the court case was dismissed

(I seem to remember it may even have been 'struck out' but will have to check with the court - if they still keep records).

 

 

Looking back at the letter Restons sent me in 2012 at the time of closing the court case,

they said:

"We have recently reviewed your account and note that you are currently making token payments to discharge your outstanding liability.

 

 

At the rate of payment offered it wil take 544 years to repay the debt and the last communication received from the CAB requested that the debt be written off.

 

 

In view of your personal and financial circumstances out client has taken an economical decision to discontinue these proceedings.

 

 

Enclosed is a Consent Order which details our client's proposal to amicably resolve these proceedings."

 

Maybe I should not have continued with the token payments when the court case was withdrawn?

 

 

I just don't understand legal speak.

 

 

Maybe they were surprised I kept making the payments afterwards?

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and you didn't sign the consent order?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Further

 

 

Restons asked me

" If you are agreeable to the offer proposed by our Client please can you return a signed copy of the Consent Order as a matter of urgency in order for it to be filed at Court".

I did sign the Consent Order and then the case was struck out/dismissed.

 

 

Unfortunately I dont still have a copy of the Consent Order but presumably it agreed they would pay the costs of bringing the case to court.

Also, I note from communication with FOS that I was able to send a letter to them from the court confirming that the case was struck out.

 

Thanks for flagging this up re Consent Order, dx.

 

 

I really paid it no mind.

I believe I must now write to Restons and request a copy of the signed Consent Order,

though I note they made no reference to it in my request for CCA.

 

Looking at letter in return to my recent request for CCA - they say

"It was

 

 

So that presumably is what the Consent Order was about.

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ah, consent order

Edited by theoldrouge
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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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ok you have a consent order

you must abide by that

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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