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Letter of claim Pre Action Protocol received from Restons Solicitors. What should I do next?

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  • #16
    Thanks, Di,

    I will sit tight then and ignore their "teacher" threat lol

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    • #17
      Update: nearly 3 months have passed and not a peep from Restons or Cabot.......Thanks again to everyone here for their help!

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      • #18
        If my thoughts are right and the last payment made via a DMP was in early 2012, this debt should now be statute barred. If they do write, don't tell them though. I would also make sure I keep evidence of the cca request in case they try to say you made a payment of £1.

        Dont mind my negative thoughts I try to think not just what if but what if the what if happens.

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        • #19
          Originally posted by OverMyDeadBody View Post
          Update: nearly 3 months have passed and not a peep from Restons or Cabot.......Thanks again to everyone here for their help!

          Originally posted by Warwick65 View Post
          If my thoughts are right and the last payment made via a DMP was in early 2012, this debt should now be statute barred. If they do write, don't tell them though. I would also make sure I keep evidence of the cca request in case they try to say you made a payment of £1.

          Dont mind my negative thoughts I try to think not just what if but what if the what if happens.
          Have you had responses to your SAR's yet? Hopefully to fill in the blank details here and confirm or otherwise your early 2012 date!
          I concur with Warwick's thoughts here

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          • #20
            Originally posted by OverMyDeadBody View Post

            I received a Pre Action Protocol letter from Restons Solicitors dated 29/1/18 and would appreciate some advice on what to do next.

            They are chasing an MBNA credit card debt, currently with DCA MFS Portfolio Ltd (Cabot) for £3852.09.
            The details they have provided regarding the debt are as follows:

            Original Creditor: MBNA
            Type of Account: Credit Card
            Original Account Number: 4129xxxxxxxxx744
            Account Open Date: 25 September 2001
            Termination Date: 19 March 2013
            Date of assignment: 31 October 2014
            Last payment date: 18 February 2013

            The last payment date they state is definitely not true, Firstly, I was not in the country nor did I have any money to make a payment, and secondly, I have a copy my MBNA credit card statement dated 14 April 2012, clearly showing a payment of £252.68 on 26 March 2012, leaving a balance of £3852.09 which is exactly the balance they are chasing me for. Why it took them almost a year to default on 19/3/13 is a mystery to me.

            Who said that the last payment date was 18th February 2013 and what evidence has been produced to support that (if any)?

            Don't ask any questions at this stage as that could inspire them to make an effort to seek proof. They may not realise that the debt might be Statute Barred if your last payment was in March 2012.

            However, you say that the MBNA credit card wasn't defaulted until 19th March 2013 so it's possible that they would rely of the default date for the Cause of Action for Statute Barred purposes.

            On the plus side I note that the debt owner is MFS Portfolio which may have lack of FCA authorisation issues if they attempt to enforce the debt in court.

            Di

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            • #21
              Another update and a huge thank you to everyone on this forum for their help and advice (especially Di) . Never heard anything further from Cabot (or Restons), no CCA arrived yet and likely never will:.

              I received my SAR from MBNA and CCCS. Cabot had definitely pulled my last payment date out of their nether region (it was on 26 March 2012, according to my MBNA and CCCS SARs). Either way, the last of my debts are statute barred in the next few months (and that is based on late default dates of sometimes up to a year after last payments)..

              All but one DCA have given up wasting postage costs to send me regular useless pleas and veiled threats for payment, and the one that is still wasting their money, is chasing a statute barred debt, so I contunue to just file the letters away. At the beginning of April, the last of my defaulted debts will drop off my credit report.and I can finally close that awful chapter in my life. (just in time for my 50th!)

              Thank you all again for the support and keep up the good fight. Have a great 2019!

              OMDB

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              • #22
                Originally posted by OverMyDeadBody View Post
                I received my SAR from MBNA and CCCS. Cabot had definitely pulled my last payment date out of their nether region (it was on 26 March 2012, according to my MBNA and CCCS SARs). Either way, the last of my debts are statute barred in the next few months (and that is based on late default dates of sometimes up to a year after last payments)..

                . . . . . At the beginning of April, the last of my defaulted debts will drop off my credit report.and I can finally close that awful chapter in my life. (just in time for my 50th!)

                This is all good news.

                It always pays to check the facts particularly when you've been told something by a debt purchaser

                Enjoy being debt free for your next half-century

                Di

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