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Okay, just by way of an idea... the business bit is simply so they understand there is an actual need to provide more information if they are to claim on the debt.
Dear Restons,
Reference: copy their references from their letter
Thank you for your letter dated 5th September 2018 in which you indicate that 'Arrow Global ( Guernsey) Limited' have referred an alleged debt to you for legal action.
The debt appears to be quite old, I will need to check my records as currently I am not sure to what it refers and believe it may have been a business debt for a company which was liquidated in 20xx. Additionally I do not recognise the alleged original lender stated ( MBNA - AOL Bertlesmann Ltd). To that end I have requested a copy of the original credit agreement from your client, Arrow Global, as is my right pursuant to section 78 of the Consumer Credit Act 1974 ( please find a copy of such request enclosed for your information). I have also sent a Subject Access Request to MBNA's data protection department for further details of the alleged debt.
I would also be grateful if, as the managing agent for the account, you could provide me with a full statement of account, notice of assignment and any default or termination notices relevant to the debt. I am, of course, concerned that any debt from 2001 may well be time barred pursuant to section 5 of the Limitation Act 1980.
I would be grateful if you could hold any further action on this account until such time as I have received responses from your client and from MBNA, and had opportunity to review the documentation. I have no intention of avoiding payment of any legitimately owed debt, but this is rather historic and as such do require more information before I would be in a position to consider settlement.
I look forward to hearing from you,
Kind regards
xxxxxx
Dear Restons,
Reference: copy their references from their letter
Thank you for your letter dated 5th September 2018 in which you indicate that 'Arrow Global ( Guernsey) Limited' have referred an alleged debt to you for legal action.
The debt appears to be quite old, I will need to check my records as currently I am not sure to what it refers and believe it may have been a business debt for a company which was liquidated in 20xx. Additionally I do not recognise the alleged original lender stated ( MBNA - AOL Bertlesmann Ltd). To that end I have requested a copy of the original credit agreement from your client, Arrow Global, as is my right pursuant to section 78 of the Consumer Credit Act 1974 ( please find a copy of such request enclosed for your information). I have also sent a Subject Access Request to MBNA's data protection department for further details of the alleged debt.
I would also be grateful if, as the managing agent for the account, you could provide me with a full statement of account, notice of assignment and any default or termination notices relevant to the debt. I am, of course, concerned that any debt from 2001 may well be time barred pursuant to section 5 of the Limitation Act 1980.
I would be grateful if you could hold any further action on this account until such time as I have received responses from your client and from MBNA, and had opportunity to review the documentation. I have no intention of avoiding payment of any legitimately owed debt, but this is rather historic and as such do require more information before I would be in a position to consider settlement.
I look forward to hearing from you,
Kind regards
xxxxxx
So yes a CCJ would be a pain in the bum now after you've just managed to get things back on track, so if documents show up and all is in order you should be preparing to negotiate, probably, a smaller reduction in the debt, payable by installments. This was 2001, and would be a hand signed credit agreement, MBNA agreements from around them can be a bit tricky for creditors - whether all the terms are present etc. Once you do get any documents if there are more technical arguments to defend a case you could probably get a CCA lawyer to assist with the defence on a CFA ( conditional fee arrangement ) when they obtain their costs from the other side. It would be good to get it reviewed by a professional in any case if they do provide documents simply as the case, if they went ahead, would be in the fast track so full costs may be applied. But early days yet... they may just make noises and not bother with court once they know there are legitimate queries and that you're likely to defend the case.
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