MFS/Restons CCJ/CO halifax credit card debt - they want more than the court ordered £PCM now

[cjay123]

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

[dx100uk]

you totally ignore restons

 

court said £5PCM

that's what you pay.

 

now my interest is focussed on them offering a discount.

 

that normally means theres something wrong with the debt in the first place.

 

what was the debt all about

and did you not contest the claim?

[cjay123]

Many thanks for your quick reply dx100UK.

 

The original debt was circa £13500 from Halifax credit card.

 

I was using their low rate cash advances for business activities back in 2012, when the business went under and I lost it all.

 

I could not pay anything to Halifax and whilst I cannot remember if they had advised me so, but I believe that this debt would have been sold to MFS portfolio.

 

I know that that the court cost circa £900 was added to the total judgement sum, along with interest Restons had claimed.

 

Forgot to add.

 

I did not contest the claim.

I did not contest Restons placing a charge on my property.

 

thanks.

[martin2006]

Continue to pay as per the court order, if restons want more then they know they have to go through court again for a variation of the order and that will cost them money which they cant reclaim from you.

 

Is the charging order in your sole name and is your property also in your sole name or jointly owned?

[dx100uk]

get an sar running to Halifax get all the statements.

 

Marlin Financial services are cabot DCA

99% of the time if cabot have been sold a debt

it means it was dodgy in the first place.

they only ever buy lemon debts.

 

were you sole trader?

[cjay123]

Thanks.

 

Yes I was a sole trader.

 

I have clicked on the SAR link, in your message. I will read up on this to understand and follow your kind guidance.

May I please confirm, if I need to send this to Restons, or is it MFS Portfolio or Cabot credit management group, the latter being the name I see on my credit card file.

 

Sorry,

 

reading on your guidance in post 3 on your link. I understand that I would write to Halifax for this.

I shall do this and then come back with what information has been provided.

 

thanks

[dx100uk]

yep as I said send it to Halifax

you need all the statements

 

something is wrong here

 

why would a big multi national bank like Halifax sell such a large debt

they could have crushed you in court.

 

need to find the reason

[cjay123]

if I may add to your information, to see if there is any answer to your questions ref Halifax above.

 

I had taken out a secure mortgage/ loan on my property for £250K+ in 2008 with Halifax for business activities as a self- certifying and self-employed person.

 

The Credit card account was with them since 2001 with a limit about £15K like many other cards I had.

 

In my meltdown in Dec 2012,

I had lost all the money when things went pear shaped and I was unable to maintain any mortgage payments either.

This amounted to £15500 in arrears on the mortgage.

 

Halifax had taken me to court and got a repossession order for the property,

but then agreed with me to not enforce it,

if I maintained the contractual mortgage payments.

I have made the mortgage payments from Oct 2013 onwards

 

a couple of months ago,

Halifax had offered and I had accepted,

to reconcile the arrears into my mortgage account,

at a lower fixed rate for 2 years,

than the normal variable rate I was making the payments for.

 

Whether my inability to pay for 11 months towards my mortgage was the reason, they sold my credit card account, is something I do not know.

 

FYI

 

Date of default for Halifax credit card on my credit file is shown as 13 July 2013.

Cabot is shown as the Lender from July 2015 with my account in default.

There is no record on the credit file for Halifax credit card under open or closed accounts.

 

Date of default for a Capital 1 credit card account start date, on my credit file is shown as 23 April 2013.

Lowell is shown to be the lender from May 2014 on the account history.

There is no record of the name Capital 1 in either the closed or open accounts.

Current balance £11229. Payment arrangement at £1 per month since Aug 16 and continuing after a review last month

 

Many thanks.

[dx100uk]

if I may add to your information, to see if there is any answer to your questions ref Halifax above.

 

I had taken out a secure mortgage/ loan on my property for £250K+ in 2008 with Halifax for business activities as a self- certifying and self-employed person.

 

The Credit card account was with them since 2001 with a limit about £15K like many other cards I had.

 

In my meltdown in Dec 2012,

I had lost all the money when things went pear shaped and I was unable to maintain any mortgage payments either.

This amounted to £15500 in arrears on the mortgage.

 

Halifax had taken me to court and got a repossession order for the property,

but then agreed with me to not enforce it,

if I maintained the contractual mortgage payments.

I have made the mortgage payments from Oct 2013 onwards

 

a couple of months ago,

Halifax had offered and I had accepted,

to reconcile the arrears into my mortgage account,

at a lower fixed rate for 2 years,

than the normal variable rate I was making the payments for.

 

Whether my inability to pay for 11 months towards my mortgage was the reason, they sold my credit card account, is something I do not know.

 

FYI

 

Date of default for Halifax credit card on my credit file is shown as 13 July 2013.

Cabot is shown as the Lender from July 2015 with my account in default. - sold date.

There is no record on the credit file for Halifax credit card under open or closed accounts. -debt buyers name replaces that of the OC

 

Date of default for a Capital 1 credit card account start date, on my credit file is shown as 23 April 2013.

Lowell is shown to be the lender from May 2014 on the account history. - sold date

There is no record of the name Capital 1 in either the closed or open accounts.- -debt buyers name replaces that of the OC

Current balance £11229. Payment arrangement at £1 per month since Aug 16 and continuing after a review last month

 

Many thanks.

 

 

send lowells a CCA request.

[cjay123]

Many thanks dx

Shall do this.

 

Kindest Regards.

[cjay123]

Whilst I am waiting for the information as kindly guided by DX, I have had a reply from Restons.

My subsequent reply to them is self-explanatory as copied below.

Please note that I have hidden any information, which identifies individual's working for Restons.

 

 

Dear Sir Madam

Your ref: xxxxx Letter dated 29 March 2017 by Miss E xxxxx

 

Further to your letter as above:

 

1. I also refer you to your previous letter dated the 13th of March 2017 written by Miss xx xxxxx and my reply dated the 22nd of March 2017.

 

2. 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, as in the judgement ref no. xxxxx.

 

 

3. I have remained compliant to the honourable court’s directions and will continue to do so.

I now understand the difference between “an arrangement, which I could have with someone” and “a court order/direction” I must comply with.

 

4. In your letter dated the 13th of March 2017, you asked me to provide you with information, for you to carry out your review of the payments I make. You stated, “Should you fail to respond by Friday March 24, 2017 it may result in the arrangement being cancelled and it will then be open to us to advise our Clients with any recovery options available, including legal /enforcement action, without further notice”.

 

I understood this to be a statement of truth and of intent by you such, that if I did not/ could not reply to your review enquiry by a date you insisted, that the court ordered directions can be cancelled by you, (with regards to the payments I have been making every month and in time,) without the need of any further notification from you.

 

I now understand this to be an attempted misrepresentation of facts in the same context as in “Misrepresentation is a concept in the contract law of England and some other Commonwealth countries, referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract” and “Fraudulent: (based on the tort of deceit): where a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth.”

You already hold all the payment details, I have been making in time, as ordered by the honourable court.

 

5. This has caused, to be of great concern to me and the reason behind my unrest and feeling unwell. I should not have ill health, induced by actions of others, such as by your actions as in 4 above. I should not need resultant added monetary and time costs for medical help visits.

 

I should only have to visit a medical facility same as anyone else, when I must in the normal course of my healthcare needs.

There is also the matter of time I have had to spend in communicating on this with you, which has kept me off, from being able to pursue a gainful activity.

 

As a person who relies on a proportion of my income, from self-employment, I cannot afford time off being ill. This equates to conditions being created by you, which are not conducive to I being able to work to survive and, fulfil my payment compliance responsibilities as ordered by the court in this matter and, towards another arrangement I have.

 

What is of grave concern is that this is done by you in course of your professional work activity and not at a loss of your own personal time.

 

Please advise of corrective/compensatory action, you intend to take, in lieu of, as stated in 4 above.

 

6. In your letter dated 29 March 2017, you state “Please note, should monthly payments of £5 continue to be made on time towards the Judgement debt, no further enforcements proceedings will be commenced”. I will take this as no further action is required on my part towards yourselves.

 

7. You state in your letter dated 29 March 2017, that you take note of my health in ref to the matter above and have asked me to provide a letter from my GP, by 12 April 2017, so to have a better understanding of any health issues I have. Please read 5 above.

 

8. Ref your offer and my subsequent counter-offer of £1555 to redeem this account, I note that you have turned this down.

I will therefore, now not attempt to contact my relative abroad, with a loan request for the £1555 to help with the closing of this account.

[dx100uk]

now keep quiet

[cjay123]

Understood.

Many thanks.

[cjay123]

Sorry to bother again DX, I forgot to mention, that this was my intended reply.

I have not sent this as yet.

I always sleep over something like this before sending out.

Should I be sending this, or edit or reword bits, especially about pointing out them being liable.

[dx100uk]

then don't send it at all pointless letter tennis

[cjay123]

Noted. Thanks.

[cjay123]

Dear DX /CAG

 

I was last here 30 March 2017, seeking advice with credit card debts.

DX was very kind to take time, to guide me.

I had some  health issues, and subsequently, could not  remember the website name or recall any passwords. 

Please accept my gratitude for help and advice in the past,  but for reasons as above, I could not take matters further as per your guidance.

 

Briefly:  The debt were cash advances on low interest in both instances,  which was subsequently lost in some business ventures. Both accounts were formed before 2001. 

 

1. Credit card debt with Halifax for £13.5K.   Restons solicitors obtained a CCJ  for £15.5k including interest and also secured a charge against my property. The Court ordered monthly payments of £5.

 

Last time DX kindly Advised, that I should send a SAR Letter to Halifax  for the reason as quoted from my last thread below.

 

" yep as I said send it to Halifax, you need all the statements

something is wrong here

why would a big multi national bank like Halifax sell such a large debt

they could have crushed you in court.

need to find the reason"

 

2. Capital one card £11k+, defaulted back in 2012-13.  I have been paying Lowell group £1 /month, since Aug 2016. DX had advised to send a SAR to Lowell as well.

 

I have no other communication with either Restons or Lowell as I continue to make the above payments via my online banking.

 

I have now prepared the SAR letters, from the templates provided in CAG. 

Please would you confirm DX, in light of above, if it is still OK to send these.

 

I appreciate that it has been nearly 2.5 years, since last you advised me, but my inability to make use of your advice is my only excuse.

 

Sorry, but now I am not sure, if my SAR letters are correct, as I read, that there are changes to the related regulations or laws. 

Please would you also point me to the correct letter templates for the purpose.

Many thanks.

[dx100uk]

click sar

 

Is the charging order in your sole name and is your property also in your sole name or jointly owned?

[cjay123]

Many thanks DX for picking this up.

Yes the property and the charging orders are both in my sole name  only.

[dx100uk]

did you send lowells a CCA request for this CAp1 debt too.

 

just to be clear as again you mention Lowell and SAR 

NO SEND a CCA request.

 

sar to halifax

 

[cjay123]

I have not sent anything to either of them as yet DX.

 

I think, my memory and brain function, seems to forget as to whom I am to send what. Plus I am definitely reading things different each time, maybe getting a little dyslexics. 

I feel lucky, that I have managed to find you here again.

 

If you were to state to me, to send what to whom.  I will follow the instructions as is.

 

1.  Halifax or Restons - Sar or CCA

2. Lowell or Capital 1 - Sar or CCA.

 

I can see the new SAR letter link. If I need to send a CCA, then please also point that out to me. 

 

Many thanks.

p.s. much gratitude and appreciation, for you to respond at this hour. 

[cjay123]

i read your message again...

This time I read 

 

SAR - Halifax

CCA - Lowell

 

Would you please also share the link to the CCA with me. thanks so much

[dx100uk]

click the cca request link

dx

[cjay123]

many thanks DX

[cjay123]

many thanks again DX

 

I have successfully completed the letters, from the templates as pointed out by you.

I will be posting these in the morning. 

 

Lowell - cca request - £1 fee postal order left blank, but written on reverse the purpose of the postal order - my name printed at the bottom of the page - via recorded delivery.

Halifax - SAR - no fee unless they write back to ask for it - signed at the end of the letter - also by recorded delivery