Court claim received from Solaris Law Ltd dated 10th November

[PallasAthena]

When a debt is sold there is a statutory requirement that the debtor is sent a Letter of Assignment but if the creditor simply decides to use a different legal representative there are no statutory oblogations to inform you in advance.

[robkeleuk]

When a debt is sold there is a statutory requirement that the debtor is sent a Letter of Assignment but if the creditor simply decides to use a different legal representative there are no statutory oblogations to inform you in advance.

Sorry to be a pain but trying to understand this fully.

So if the debt is not sold and creditor decides to use a legal representative, is there no requirement to produce some sort of informative document that would advise that it is a legitimate party to deal with the matter?

[echat11]

Sorry to be a pain but trying to understand this fully.

So if the debt is not sold and creditor decides to use a legal representative, is there no requirement to produce some sort of informative document that would advise that it is a legitimate party to deal with the matter?

You would have letters from the Creditor to say 'we are going to do this, do that, 'we may take legal action, if you don't do this etc'. There is no letter of 'assignment'.

The solicitors would then write introducing themselves 'we are so and so, we represent XXXXXX, there is an outstanding balance owed to our client, if payment isn't made we'll do this and that etc.'

There are 3 accounts, so you need to see what they've sent for each account. Then look at each account individually, very closely, are there any anomalies? Are they compliant.

[robkeleuk]

In that case, in between all the letters and the info that Rsb and Solaris have sent me, I have now put everything together and the info is there that Solaris is representing Rbs.

I take it the next step would be getting in touch with them to start making arrangements to pay instead of dragging all this into the court ?

I take it written confirmation of all arrengements to agree to, etc?

[echat11]

In that case, in between all the letters and the info that Rsb and Solaris have sent me, I have now put everything together and the info is there that Solaris is representing Rbs.

I take it the next step would be getting in touch with them to start making arrangements to pay instead of dragging all this into the court ?

I take it written confirmation of all arrengements to agree to, etc?

Agreements wise what have they provided?
Default Notice do the dates add up?

[robkeleuk]

There are so many notices of default, it seems they have been sent once a month for good 3-4 months if no longer.

Agreement wise - for one of loans I have RBS letter stating outstanding debt and informing details have been passed to Solaris Law to commence legal proceedings. For same account a letter from Solaris Law confirming that they act for Rbs and are instructed to seek recovery of the outstanding balance.

However nothing as specific for the other loan and overdraft bank account.

There is a letter (July) for both loans from Solaris that they act on behalf of Rbs and are instructed to seek recovery of the outstanding balance.

Same format letter is issued in September and now has both loans and overdraft account stating they act on behalf of the Rbs are are isntructged to seek recovery of the outstanding balance.

[echat11]

There are so many notices of default, it seems they have been sent once a month for good 3-4 months if no longer.

Agreement wise - for one of loans I have RBS letter stating outstanding debt and informing details have been passed to Solaris Law to commence legal proceedings. For same account a letter from Solaris Law confirming that they act for Rbs and are instructed to seek recovery of the outstanding balance.

However nothing as specific for the other loan and overdraft bank account.

There is a letter (July) for both loans from Solaris that they act on behalf of Rbs and are instructed to seek recovery of the outstanding balance.

Same format letter is issued in September and now has both loans and overdraft account stating they act on behalf of the Rbs are are isntructged to seek recovery of the outstanding balance.

Letters aren't agreements - have you received agreements?

'Agreement wise - for one of loans I have RBS letter stating outstanding debt and informing details have been passed to Solaris Law to commence legal proceedings. For same account a letter from Solaris Law confirming that they act for Rbs and are instructed to seek recovery of the outstanding balance.'

[robbieuk]

“Letters aren't agreements - have you received agreements?”

I’m so sorry however I feel so dumb right now.

Could you please clarify if agreements you refer to are agreements of credit provided (loan) or Rbs agreement that Solaris are representing them?

[echat11]

“Letters aren't agreements - have you received agreements?”

I’m so sorry however I feel so dumb right now.

Could you please clarify if agreements you refer to are agreements of credit provided (loan) or Rbs agreement that Solaris are representing them?

When you took out the loans / overdraft, you would have entered into an agreements. There would have been original agreements sent to you to at the time.

So they are the agreements that you asked for in your CPR request to the Creditor (and their solicitor).

[robkeleuk]

Thank you, silly me was focusing on completely different things.

When skimming through paperwork I have noticed few. I will today go thoroughly through them and set them aside to ensure all agreements are there (including full pages of them)

[robkeleuk]

[QUOTE=echat11;n1717546]

Letters aren't agreements - have you received agreements?

/QUOTE]

I have gone through the paperwork and agreements are there

[echat11]

[QUOTE=robkeleuk;n1717674]

Letters aren't agreements - have you received agreements?

/QUOTE]

I have gone through the paperwork and agreements are there

So what you could do is send 'Without Prejudice Save as to Costs' (write that on the offer letter) offers to their solicitors.
Providing they've provided all the requested documents, agreements, Default Notice and Letter of Assignment for all
three account.

You could fill in an income and expenditure form, take into account the 'cost of living', give yourself some 'leeway'.
make monthly payments over XX number of months. Amend the following letter, add your circumstances.
Make sure you get Proof of Postage.

https://www.citizensadvice.org.uk/de...itor---letter/

https://nedcab.cabmoney.org.uk/splash-0.asp

[robbieuk]

Thank you once again, your input has been invaluable as always.

Their last letter last letter they sent me contained the following line:

“We would therefore invite you to withdraw the same and complete to enclosed income and expenditure form to provide us with your suitable repayment proposals to see if this matter is capable of settlement.”

To me it reads that they would be possibly open to settle for a lower figure than claimed?

Also, is it true, that in similar cases they prefer a speedy repayment for a lower amount instead of a lengthy payment plan with lower monthly payments even if it means a larger settlement figure?

[echat11]

Thank you once again, your input has been invaluable as always.

Their last letter last letter they sent me contained the following line:

“We would therefore invite you to withdraw the same and complete to enclosed income and expenditure form to provide us with your suitable repayment proposals to see if this matter is capable of settlement.”

To me it reads that they would be possibly open to settle for a lower figure than claimed?

Also, is it true, that in similar cases they prefer a speedy repayment for a lower amount instead of a lengthy payment plan with lower monthly payments even if it means a larger settlement figure?

To me it reads that they would be possibly open to settle for a lower figure than claimed?

Yes, I believe they would

Also, is it true, that in similar cases they prefer a speedy repayment for a lower amount instead of a lengthy payment plan with lower monthly payments even if it means a larger settlement figure?

Again I think so.