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Foxhollow

Restons Solicitors Advice

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Hi,

 

I have an old credit card debt dating back a few years - I was too ill at the time to deal with it and was taken to court and ended up with a CCJ. I wasn't able to make the payments the court told me to pay but Restons agreed an arrangement of a minimal payment each month to run alongside the Judgement. I have paid each month and never missed a payment.

 

Today I received a letter from them with an 11-page questionnaire about my finances and other personal details - if I do not reply within 7 days they say the arrangement will be cancelled and they will advise the client to begin recovery options including legal enforcement without further notice. They have also stated that I could make a settlement payment and discharge my liability - no hope of that - I am penniless!

 

I haven't defaulted on the agreement and my financial situation is unchanged - what should I do?

 

I never agreed to the amount I was told I owed as much of that was fees and interest that had been added to the account for late payment, admin costs etc. The company knew I was ill and had to give up working but continued to add fees anyway until it was sent to a DCA.

Edited by Foxhollow

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Ignore the letter, they will have to go back to court to change the current arrangement and that will give you the opportunity to then claim all of their charges and fees back. You wont be ordered to pay any more so they will have just thrown good money after bad

basically chrismas is coming up and they need some money for their office party and are hoping you will agree to contribute

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if you fancy reclaiming all of the charges you can do so by suing the card co. As they have sold the debt on they will be chucking money away.

You will need a full set of figures to do this though so you will need to send a SAR to the CC co and get them. If the matter is more than 6 years old it will be harder to progress but nt impossible.

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what did the court order you to pay PCM and have you been paying that?

tell us about the debt too

type

original creditor etc


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Original debt was NewDay Ltd. Court order stated £80 per month - Restons agreed £10 payments, which they said they were offering after reviewing my circumstances and believed it wasn't possible for me to pay the £80. I had said that in response to the court papers and sent a financial statement but this was ignored. Restons letter after the court hearing said that their agreement would not affect the court judgement and payment would remain in line with my circumstances.

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Hi,

 

You need to relax here,

 

I have a CCJ with Shoosmiths and every December receive exactly the same letter as you do. They expect me to fill out all the same BS, (I and E) in order to see if the payments are still affordable. I just give them a call and do it on the phone.

 

So I am told this is now a requirement for them (Courts don't want debt suicides on their hands).

 

I hope this helps

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Thread moved to Financial Legal Issues Forum.

 

 

Its an informal agreement with Restons...not the court...so they dont have to go back to court for a redetermination.....The court set it at £80pm an N245/or N244 redetermination should have been submitted at the time of judgment......to have it altered to an affordable monthly amount...legally...not informally.

 

So in effect you are not complying with the Judgment order and yes they could move to the next stage of enforcement of the judgment.....subject to your financial means execution could be restricted.

 

Charging Order if you own a property.

Attachment of Earnings if your employed

Bailiff/Warrant if you have enough personal goods of value to cover the judgment amount.

 

Complete their form honestly...it should still reflect an affordable payment of £10pm....or alternatively submit your own application to the court and get it on a legal footing to stop the annual threat o gram.

 

Andy


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