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Thread: Hello - Claim Form received from Northampton CC Business Centre

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  1. #126
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  2. #127
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by charitynjw View Post

    Pass

    My point being that there is no fixed formula for handling a claim otherwise there would be software designed to do it.

    Sadly solicitors instructed by debt purchasers tend to take less notice of a request from a LIP for a Discontinuance then they would from a solicitor who would attach a draft application to ask the court to do 'this and that' if they don't agree to Discontinue.

    If the debt was purchased for peanuts (it will have been) then their mindset may be 'let's give it a go'.

    What have they got to loose if it's a (potentially) Small Claims Court issue where their worst case scenario is that they don't recover all of the money which they didn't fork out to buy the debt in the first place. Unless they've messed up big time they won't risk payment of the Defendant's legal costs because they (Defendant) hasn't got a legal bill. LIPs can claim costs if they win but we're back to the 'is it worth the gamble' debate.

    Another psychological factor to consider (there's no way of knowing) is whether the solicitors are on a No Win No Fee with their client. This may/may not be their impetus to keep going.

    Di
    I work for Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #128
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    RESPONSE TO SOLS.

    Hi guys,

    Please see my draft response to the Sols, which I aim to send tomorrow.

    Should I mention specific points i.e. CCA and/or CPR (I feel that I might be feeding them), or leave that till later and go with Nem's response?

    I welcome any feedback/amendments. Thanks very much in advance.

    Regards,
    HS

    --

    My address

    Date


    Principal Sols
    Their address

    Ref:

    Dear ??,

    I am in receipt of your letter dated (...) enclosing a document that alleges to be the regulated agreement pertaining to the alleged debt from which this claim arises.

    Having reviewed the items provided I have concluded that the documents supplied do not satisfy my request made under the provisions of CCA 1974 (as amended) as I am sure you are fully aware.

    I also want to address the point that there was a deliberate misuse of the £1 CCA request Statutory fee, as it was specifically stated as a fee and was misappropriately applied to the account as a payment.

    I respectfully suggest that you advise your client to discontinue the claim as your client has no reasonable chance of success.


    Yours Sincerely,

    Signature

    Printed Signature
    Worth a shot

    Di
    I work for Joanna Connolly Solicitors a firm which specializes in consumer credit. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #129
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    It's worth a shot, as you stated re: discontinuance.

    The main thing for me as an LIP is that I made the request and let them know that I am not easily lying down to be 'steam rollered'

    Personally, I would be very interested in seeing stats (if there are any) of Sols with dca clients who operate on payments via CFA vs traditional ones.

  5. #130
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Good Afternoon All,

    I received a response to my letter to the sols. They did not refer to any of the contents at all.

    Their response was soley based on where it was not hand-signed i.e. typed signature.

    I didn't want to write my signature just in case they would try to use it against me. I could possibly be right based on their response below.

    --

    Please find enclosed a draft letter which purports to come from you but which is unsigned.

    You will appreciate that we must ensure that we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

    Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.


    --

    Note, that I did not request information.
    I told them that I was not satisfied with the information that they sent and that they should discontinue their claim.

    In their last sentence, if they choose to carry out their threat, surely that would hurt their case?

    Also, would that in any way hurt my defence too?

    Regards,
    HS.

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