Pre-Action protocol

[smintram]

HELPMEUNDERSTAND...have you posted in the wrong thread?

[helpmeunderstand]

HELPMEUNDERSTAND...have you posted in the wrong thread?

NO i don't think so and it's just a general warning to anyone that thinks trying to save time and money by using MCOL is always a good option because in our case it was a right mess and were left in a position were we were told by the court to seize further action but then they still wanted the directions questionnaire handed in on time.

Maybe I should start a new topic on the subject because we feel well mislead, almost scammed by the site and are happy to wave them goodbye

[Amethyst]

Do you think the other parties solicitor would likely "show" if a hearing was scheduled at the other end of the country..say 200 miles away?

YEs, they use local solicitors/reps to deal with cases across the country.... obvs depends who the claimant is, but if its one of the standard big debt purchasers, yes they do attend.

And...If, a CCA request was part of the requested information of the PAP, does not the Consumer Credit Act allow 12 working days for this request to be carried out before the company enter into a default situation. If the request is not satisfied after a further 30 calendar days, the company commit an offence.

CCA shouldn't be part of the request for info on the PAP reply form - it should always be a separate request with the £1 statutory payment.
There is no longer an offence for not complying with a CCA request - it is simply that the creditor can't obtain a judgment through court whilst in default ( they can still bring a case though )

[jaguarsuk]

NO i don't think so and it's just a general warning to anyone that thinks trying to save time and money by using MCOL is always a good option because in our case it was a right mess and were left in a position were we were told by the court to seize further action but then they still wanted the directions questionnaire handed in on time.

Maybe I should start a new topic on the subject because we feel well mislead, almost scammed by the site and are happy to wave them goodbye

Yes you should because this is a thread about someone going through pre-action protocol as a defendant and has nothing to do with a claimant filing a claim.

You're basically just confusing matters with completely irrelevant information.

[smintram]

okay amethyst..Thanks for that..that's a bummer. I really need to find a loophole here. As Rob says, there is little background to this, but guessing it's not too dissimilar to other threads on here. The short and sweet version is: Years ago, in a very dark place..may have done lots of stupid things-Lost all sense of sensibility and direction, and may have run up lots of debt, because this dark place controls you...Years later...Got my life back again...and brain..and here we are! One of these stupid acts could well involve a Big catalog company...and unsurprisingly being pursued by an equally well known DCA that use a firm of solicitors to send a letter before action...which they have, and here we are.

Responded to the LBA requesting lots of stuff including the cca agreement, of which was pointed out to me by amethyst, was incorrect. Should I send a request for this now, with payment to whom?
Original company, DCA, or their representative solicitors?
The chances are, that it's also going to be enforceable anyway right?

[smintram]

Ok...No Replies...Got everything ready... My head tells me to send to the DCA...

[R0b]

Hello

I understand you want to keep some anonymity but by drip feeding information to us, isn't really going to help. We can only help you as much as the information is given. Take for example, you said you responded to the LBA requesting lots of stuff - well what does lots of stuff mean?

You need to give us full history and background so that we can properly assist you, but if you don't want to do that then I understand although I can't help you.

By the way, the CCA request needs to go to the debt purchaser whoever that may be.

[smintram]

Here you go Rob..is this enough?

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a true copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions..(Just sent)

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. A copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal Assignment of the Agreement, including a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

VI. A copy of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again how this was served upon me.

[smintram]

I'm guessing I'll just have to wait until something comes back, before considering any next steps on this matter, but thank you for your help so far....It's very much appreciated.

[smintram]

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