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Hello - Claim Form received from Northampton CC Business Centre

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  • Re: Hello - Claim Form received from Northampton CC Business Centre

    Thank you very much, Charity.

    Comment


    • Re: Hello - Claim Form received from Northampton CC Business Centre

      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

      Comment


      • Re: Hello - Claim Form received from Northampton CC Business Centre

        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
        Good to go!! No need to over complicate it all.

        nem

        Comment


        • Re: Hello - Claim Form received from Northampton CC Business Centre

          Okay, thanks nem.

          Comment


          • Re: Hello - Claim Form received from Northampton CC Business Centre

            Dear [MENTION=55034]nemesis45[/MENTION], [MENTION=5553]charitynjw[/MENTION], [MENTION=61310]diana[/MENTION]M

            Thank you all so much for your help.

            It is greatly appreciated and I will keep you posted with any/all updates after sending my request and response.

            Have a lovely evening!

            Regards,
            HS.

            Comment


            • Re: Hello - Claim Form received from Northampton CC Business Centre

              [MENTION=87380]Diana M[/MENTION]
              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

              Comment


              • Re: Hello - Claim Form received from Northampton CC Business Centre

                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

                Comment


                • Re: Hello - Claim Form received from Northampton CC Business Centre

                  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

                  Comment


                  • 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' :notworking2"

                    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.

                    Comment


                    • 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.

                      Comment


                      • Re: Hello - Claim Form received from Northampton CC Business Centre

                        I use one of these, which you can c/p.
                        Attached Files
                        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

                        Comment


                        • Re: Hello - Claim Form received from Northampton CC Business Centre

                          How did you 'sign' your CCA and CPR 31.14 Request letters?

                          They must have been satisfied that they were corresponding with the correct person then since they responded by sending you a credit agreement of sorts.

                          Di

                          Comment


                          • Re: Hello - Claim Form received from Northampton CC Business Centre

                            Originally posted by Diana M View Post
                            How did you 'sign' your CCA and CPR 31.14 Request letters?

                            They must have been satisfied that they were corresponding with the correct person then since they responded by sending you a credit agreement of sorts.

                            Di
                            Yes, exactly!

                            Right now I do not have the letters to hand, but I usually sign them using a standard font type that can be selected in word.
                            I did not hand-sign it.

                            Rgds,
                            HS

                            Comment


                            • Re: Hello - Claim Form received from Northampton CC Business Centre

                              Hi [MENTION=87380]Diana M[/MENTION]


                              Yesterday I could not post anything at all here in this thread (it has cleared up now).

                              I started a new thread that goes into a little detail about electronic signatures
                              http://legalbeagles.info/forums/show...usiness-Centre

                              Comment


                              • Re: Hello - Claim Form received from Northampton CC Business Centre

                                The content of their latest letter seems to be from a template. The gist of it appears to be that they reject your request for them to Discontinue your claim (without actually saying it).

                                No surprises there.

                                Maybe they felt the need to raise the 'signature' issue in case that letter pops up in a Trial Bundle later down the line, and a legal argument takes place over costs if you asked them to Discontinue and they refused early on in the proceedings and then they subsequently lost the case.

                                Or if they decide to Discontinue later and if you have a legal representative who asks for costs since they were given the opportunity to cave in. Or if you get a successful Summary Judgment against them.

                                So rather than say they won't Discontinue they may have chosen to say they don't recognise you to avoid acknowledging your request.

                                It's £9.6k claim so destined for the Small Claims Track where unreasonable conduct can become a wasted costs issue.

                                Di

                                Comment

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