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  1. #26
    Amethyst's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    You've been on CAG lol ( can tell by the irritating blue linky tag and over wordiness) .. simplify that CCA request back to basics and don't over think things.

    This is enough http://legalbeagles.info/library/gui...etter-example/

    As Warwick says it's s78 for catalogue - that's cause it's ' running credit ' rather than ' fixed sum'(s77) but it's fine to quote both or even s77-79. ( here ->s 77 https://www.legislation.gov.uk/ukpga/1974/39/section/77 - press NEXT PROVISION to get to s 78 )

    Take the cover letter back to basics too - it's only a cover letter for your reply form - doesn't need to be war and peace xxxx

    Honestly, less is more.
    Last edited by Amethyst; 9th October 2017 at 18:16:PM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  2. #27
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Debatable indeed lol ... I think most of these would be C unless there is a defence other than wanting copies of documents ( so use D for statute barred, cases of ID fraud, debts that have previously been paid, debts that are simply not recognised at all ). In this case I think it is C as we think we know the debt, it's nowhere near SB, but we want documents for them to evidence it and the amount owed.
    That was my line of reasoning.

    I wonder actually whether we should add a bit as well stating 'I do not acknowledge this debt' on ALL responses (other than admission/offer) to these pre-action letters whether defending or asking for more information as it's too easy for them to chuck on of these out in years 3/4 to potentially use to prolong SB ?
    personally I think any dca that is well enough organised to think of doing this is not likely to let the debt go over 6 years anyway...

  3. #28
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    Default Re: Advice needed please regarding notice of pending legal action

    I've just had a chance to see your messages guys asive just finished work. I will take note and make the changes to cca and letter to solictors as I noticed that I was going into way to much detail. I guess I was just being worried but I'll make the changes so I can get everything sent out by tomorrow.

    - - - Updated - - -

    I will keep it simple as I was over worrying, so I'll make the changes and get it all sent out tomorrow.

  4. #29
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by warwick65 View Post
    Hi

    Just had chance to read all tha attachments so here goes

    1) I would make sure you list what you want to see in the box of the reply form, no harm in adding the letter in as well.

    2) I think the letter to CH does go into a little too much detail , btw you have asked for the contract at the top and bottom of the list. By asking for everything you are helping them get their case together so I would ask for
    1) Agreement
    2) Assignments - deed and notice
    3) Statement of account
    4) Default notice


    3) The CCA request is ok but could be much shorter just paragraphs 1 5 and 6 so here is my request, here is my fee and if you can’t comply I expect you to tell me . However I dont see any harm in the whole thing if its already printed and ready to go.


    It is all rather new with these new systems only coming in on 1st Oct

    Good luck
    Hi, I've updated my CCA request so it's not so lengthy. With regards to the following paragraph below of the act: do I take out sections 77-79 and replace with section 78 or can I leave it as it is? If I can leave it as it is, then that's the CCA completed.

    I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

    Would you happen to know the address for Lowell to send the cca please?

  5. #30
    Dubbers's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    So this is my updated cca request, I hope this is much better than the first?

    My address
    xxxxxxxx
    xxxxxxxx
    10th October 2017




    To:


    Dear Sir/Madam


    Account/Ref No:


    With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.


    I understand that under the Consumer Credit Act 1974 [sections 78], I am entitled to receive a copy of any credit agreement and a statement of account on request.


    I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.


    I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.


    I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.


    I look forward to hearing from you.


    Yours faithfully






    Printed name

  6. #31
    Dubbers's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    I've also updated covering letter to solictor so I hope this is better? I don't want to make things easier for them so I'd rather take the advice from you all on here on what I should write in the covering letter.

    Your name
    Your address
    Your postcode




    DATE 2017


    Cohen Cramer Solicitors
    Their address
    Their postcode




    Dear Sirs,


    REFERENCE: xxxxxxxxxxxxxxxxx


    Further to your letter dated 3rd October 2017 please find enclosed my response pursuant to the Pre-Action Protocols for Debt Claims.


    I do not know whether I owe the debt and I require more information to enable me to assess my position with regards your claim. I have completed section I of the Reply Form accordingly.


    I look forward to receiving copies of the required documents within 30 days.


    Kind Regards


    Name


    encls.


    In the reply form I will tick box I and request the following documents:
    notice of assignment, a copy of the original agreement and terms, default notice, statements of the account.

    Does this sound correct before? I'm confused to whether or not I need to tick box C or D or ignore both boxes and only tick box I?

    Is there anything else I need to add on the covering letter or reply forms before I print everything out in the morning?

  7. #32
    Amethyst's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    Much better - sorry I can see you worked hard on the letters, but really keep it simple .... complicated can wait for an actual court claim if we get to that stage .....

    the address for Lowell is Lowell Portfolio I, Ellington House, 9 Savannah Way, Leeds, LS10 1AB

    Tick wise, Box C - I do not know then Box I - I need more documents/info
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #33
    Dubbers's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Much better - sorry I can see you worked hard on the letters, but really keep it simple .... complicated can wait for an actual court claim if we get to that stage .....

    the address for Lowell is Lowell Portfolio I, Ellington House, 9 Savannah Way, Leeds, LS10 1AB

    Tick wise, Box C - I do not know then Box I - I need more documents/info
    No need to be sorry, I'd rather everything correct so I really appreciate your help and the help from everyone in the here. Those documents are ready to be printed now.

    I have another question, just as I was gonna send those documents of I received another debt letter from lowell, no pending action or anything but they sent me a letter regarding another debt I had around the same time with a aqua credit card which is at £1555.29 and the letter is offering a 50% discount to close account. And I've also noticed I received a normal debt letter on the Friday just gone from Cabot financial for a vanquis card offering me a deal but no deal showing on the letter. I believe bother those debts have been passed from dca to dca.

    Do do I put those to one side for the moment and see if things go quiet as there's no notice of pending action and just focus on the current debt I've discussed?

  9. #34
    Amethyst's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    Yes get this one sorted then you can have a look at these others.

    Have you recently checked your credit file or anything that's suddenly perked all the creditors up? Or coming up to 6 years from default ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  10. #35
    Dubbers's Avatar

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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Yes get this one sorted then you can have a look at these others.

    Have you recently checked your credit file or anything that's suddenly perked all the creditors up? Or coming up to 6 years from default ?
    I haven't recently and I never apply for finance since getting into debt, I used to get quite a few letters but then it went quiet for months until recently. I've got 3 credit card debts and 3 catalogue debts in total. Would it be worthwhile checking my credit file?

  11. #36
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    Default Re: Advice needed please regarding notice of pending legal action

    If they're all starting to poke their heads up it may well be worthwhile checking on Noddle to see where you're at.

    Get this Lowell stuff sent off first though.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  12. #37
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    If they're all starting to poke their heads up it may well be worthwhile checking on Noddle to see where you're at.

    Get this Lowell stuff sent off first though.
    I will do, thanks. So section 78 on cca request is ok? Do I need to include sections 77-79 or just keep it at section 78?

  13. #38
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    Default Re: Advice needed please regarding notice of pending legal action

    As you know its a catalogue and they have said its a catalogue then just s78 is fine
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  14. #39
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    As you know its a catalogue and they have said its a catalogue then just s78 is fine
    Both letter to solictor, reply form and cca request are completed. On the letter back to solictor do I put account number from Lowell as there's also another ref at top of letter from solictor which reads "our reference: xxx/xxxxxx" just double checking that one.

    Do I print my full name on both letter and cca request as mr first and last name?

    last question as I know you must be busy so I don't want to take up to much of your time.

    on the postal order do I make it payable to Lowell Portfolio I or Lowell Portfolio? And what do I do on the back of it? Do I just put a cross through the back with a black pen or fill any details in?


    Attached Images Attached Images

  15. #40
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    Default Re: Advice needed please regarding notice of pending legal action

    Just write Lowell Portfolio on the front, that's all that's needed, no need to fill in anything on the back.

    Yes use your full name - likely as they addressed you on their letter to you - and sign it, with your signature
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  16. #41
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Just write Lowell Portfolio on the front, that's all that's needed, no need to fill in anything on the back.

    Yes use your full name - likely as they addressed you on their letter to you - and sign it, with your signature
    On the letter back to solictor do I put account number from Lowell as there's also another ref at top of letter from solictor which reads "our reference: xxx/xxxxxx" just double checking that one. Thanks

  17. #42
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    Default Re: Advice needed please regarding notice of pending legal action

    Both ? eg;

    Dear Sirs,
    Account : xxxxxxxxxxxxxxx
    Your Reference: xxx/xxxxxx


    I am writing.............
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  18. #43
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Both ? eg;

    Dear Sirs,
    Account : xxxxxxxxxxxxxxx
    Your Reference: xxx/xxxxxx


    I am writing.............
    Thank you

  19. #44
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    Default Re: Advice needed please regarding notice of pending legal action

    re your Vanquis debt... do you remember if you had Vanquis's ROP product? If you did, one option would be to put in a complaint and ask for a refund of that now... probably not a good idea if it is coming up to statute barred very shortly. See https://debtcamel.co.uk/vanquis-rop-refund/ for details.

  20. #45
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Amethyst View Post
    Debatable indeed lol ... I think most of these would be C unless there is a defence other than wanting copies of documents ( so use D for statute barred, cases of ID fraud, debts that have previously been paid, debts that are simply not recognised at all ). In this case I think it is C as we think we know the debt, it's nowhere near SB, but we want documents for them to evidence it and the amount owed.

    You reckon?


    Just on I - require documents, they have 30 days to respond saying "here's the docs" or "we haven't got them" .... then we can go from there as 'normal'...


    but of course they have 12 to deal with the CCA request.

    I wonder actually whether we should add a bit as well stating 'I do not acknowledge this debt' on ALL responses (other than admission/offer) to these pre-action letters whether defending or asking for more information as it's too easy for them to chuck on of these out in years 3/4 to potentially use to prolong SB ?
    Good afternoon, hope you're well? I've just started a full time night job so I haven't had a chance to reply as I'm gonna try and raise the funds just to cover myself in case it comes to that.

    Update: cca letter is completed, letter to solictor is completed, reply form is all done, I'm gonna post tomorrow as I've just been going over everything and ensuring it's all correct as the last week has been rather stressful.

    I remember you mentioned 'I do not acknowledge this debt' as also mentioned above. Should I add this in somehow with letter to solictor as leave it as it is? Just double checking before I get everything posted tomorrow. I've also added anti tamper signature strip on letter and cca and reply form as I was just, I guess worried and stressed regarding that so I hope that will also be ok?

    Thanks for all your great help and to everyone else that has helped as well, means a lot and I am really grateful.

  21. #46
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    Default Re: Advice needed please regarding notice of pending legal action

    Quote Originally Posted by Debt Camel View Post
    re your Vanquis debt... do you remember if you had Vanquis's ROP product? If you did, one option would be to put in a complaint and ask for a refund of that now... probably not a good idea if it is coming up to statute barred very shortly. See https://debtcamel.co.uk/vanquis-rop-refund/ for details.
    Sorry for delayed reply, I've just started a new night shift job as I'm trying to raise the money should I have to pay this so just covering myself.

    From what I remember, I don't think I had rop product. If I complained to them, wouldn't this be acknowledging that I owe the debt? It's about 3/4 years old so no where near statute barred.

    Because I'm so worried about my signature can I print of the reply forms from your site for the reply forms and add in the anti tamper signature strip? Cca and letter to solictor is all done with anti signature strip on both and I will be sending everything off tomorrow.

  22. #47
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    Default Re: Advice needed please regarding notice of pending legal action

    If you don't think you had the ROP product, then my question was a red herring and you can ignore it.

  23. #48
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    Default Re: Advice needed please regarding notice of pending legal action

    Could be this one:-
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