Notice of pending legal action

[RoadHog]

Usual suspects Howard Cohen/Robinson Way

I have received a letter sub titled as above. Is this the same as Letter before action.

The 10 days, are they working days or 10 straight days?

Do I send a CPR now, or do I wait until actual court action has started?

This is to do with a bank overdraft some time ago. so as I understand that a CCA is not correct. Do I send a SAR letter instead.

I believe this is statute barred, but at this stage I do not want to send that letter (there's a good reason for that).

Please could someone just confirm the above points, anything else I should be aware of and any complications that overdrafts produce.

I do need to act on this fairly quickly, as I don't want to sit on it and waste any preparation time I may need.

Thanks

[FlamingParrot]

Re: Notice of pending legal action

Usual suspects Howard Cohen/Robinson Way

I have received a letter sub titled as above. Is this the same as Letter before action.

Without seeing the letter, it's hard to say, however, to be on the safe side, it's best to consider it as such and reply accordingly.

The 10 days, are they working days or 10 straight days?

what 10 days are you referring to?

Do I send a CPR now, or do I wait until actual court action has started?

Best to respond now to show you are complying with the pre-action conduct.

This is to do with a bank overdraft some time ago. so as I understand that a CCA is not correct. Do I send a SAR letter instead.

No, the SAR would have to go to the original creditor, not to Howard Cohen or Robinson Way as they wouldn't have the information. The SAR is a request under the Data Protection Act for all data held about you, normally used to obtain statements and account notes, etc. rather than staving off legal action.

I believe this is statute barred, but at this stage I do not want to send that letter (there's a good reason for that).

With overdrafts it can be a bit tricky to establish the date of the cause of action.

[FlamingParrot]

Re: Notice of pending legal action

Please could someone just confirm the above points, anything else I should be aware of and any complications that overdrafts produce.

I do need to act on this fairly quickly, as I don't want to sit on it and waste any preparation time I may need.

To comply with the pre-action conduct, you should send a letter such as the one below. If many cases, merely sending it has staved off legal action. ray: The letter should be sent by recorded delivery.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original account agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[RoadHog]

Re: Notice of pending legal action

The 10 days given to respond in the letter.

Right, so send the CPR to the solicitors now.

So, SAR or CCA (overdraft bank account) is pointless (not being negative, just checking facts) in this instance.

Overdraft (authorised) was withdrawn across the board for customers (found this out later, letter was meant to be sent). That's what started it.

[RoadHog]

Re: Notice of pending legal action

Thanks FP,

The 10 days given to respond in the letter.

Right, so send the CPR to the solicitors now.

So, SAR or CCA (overdraft bank account) is pointless (not being negative, just checking facts) in this instance.

Overdraft (authorised) was withdrawn across the board for customers (found this out later, letter was meant to be sent). That's what started it.

I have read your further reply. I shall return in the morning, to type said letter and get it sent, thanks.

[FlamingParrot]

Re: Notice of pending legal action

Thanks FP,

The 10 days given to respond in the letter.

Right, so send the CPR to the solicitors now.

:thumb:

So, SAR or CCA (overdraft bank account) is pointless (not being negative, just checking facts) in this instance.

That has its uses if you need statements, etc. but should always be sent to the original creditor.