Advice needed please regarding notice of pending legal action

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

DCA's don't take your signature and use it fraudulently, but if paranoid about it just do an extra squiggle on your signature or use the anti-tamper strip.

With the postal order when you go to the post office ask them to make it out to Lowell Portfolio - that will be plenty xxx

I'd leave the bit about which precise catalogue it was for now.... might come in useful later - at the moment they obvs have no idea and have hedged their bets on three, which are all wrong by the sounds of it, it'll come out in the wash when documents are provided ( if they are ). It is quite a recent one so it's likely to have been an online account opening thus agreement, so see if they provide the right one.

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

I don't deny the debt as I know what it is and if I have to pay then I will. At the time of opening the account, I was in a secure job, had my place and everything was going well until I got made redundant which in turn changed everything.

Wouldn't D be the best option if I deny all claim and send CCA to see if that can proof the debt is mine? I know you mentioned, this is a new process but I just want to make sure I tick the correct box before I send it off. Also as it says to return paper work within 30 days, would you say that I should send cca and reply forms off asap or delay it slightly to buy me more time to raise the money if I end up having to pay this debt? I'm not 100% what the process but I was just gonna send everything off asap.

At this point you're not denying the claim, you just need more information to know whether you deny it ( or admit it etc) You have 30 days - then they have 30 days - so you could be gathering a f&f sum to one side in case later you get to a point where you feel you should pay it ( at a reduced amount ) to avoid a CCJ IF they have all the documents. It's a kind of 2 month warning you might be looking at having to deal with a court claim.

Personally I'd send the reply and cca off while you're thinking about it though - it's easy to think ''ooo I have a month'' and put it to one side, only to find you completely forgot about it when you get a court letter through in 6 weeks time. If you're more organised than me you could hang on to it for a couple weeks before returning it, if you're using that time usefully and not just putting it off.

Are there any issues over the debt that you know of other than documents btw ? charges/interest rate changes/ limit being ramped up etc etc ?

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

DCA's don't take your signature and use it fraudulently, but if paranoid about it just do an extra squiggle on your signature or use the anti-tamper strip.

With the postal order when you go to the post office ask them to make it out to Lowell Portfolio - that will be plenty xxx

I'd leave the bit about which precise catalogue it was for now.... might come in useful later - at the moment they obvs have no idea and have hedged their bets on three, which are all wrong by the sounds of it, it'll come out in the wash when documents are provided ( if they are ). It is quite a recent one so it's likely to have been an online account opening thus agreement, so see if they provide the right one.

I've got the postal orders as I got them on Saturday but they're blank so should I just write on them and it payable to Lowell portfolio? Do I have to do anything on the back like crossing the back out?

so signing the reply form to the cohen Cramer solicitors will be ok? Just wanted to double check.

So just a recap, send cca with £1 postal order payable to Lowell recorded signed for by Royal Mail. Send reply form back to solictors, do I also send solictors a copy of cca? Do I have to send a letter to solictors? If so would anyone be able to give me a rough idea what to send please.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

At this point you're not denying the claim, you just need more information to know whether you deny it ( or admit it etc) You have 30 days - then they have 30 days - so you could be gathering a f&f sum to one side in case later you get to a point where you feel you should pay it ( at a reduced amount ) to avoid a CCJ IF they have all the documents. It's a kind of 2 month warning you might be looking at having to deal with a court claim.

Personally I'd send the reply and cca off while you're thinking about it though - it's easy to think ''ooo I have a month'' and put it to one side, only to find you completely forgot about it when you get a court letter through in 6 weeks time. If you're more organised than me you could hang on to it for a couple weeks before returning it, if you're using that time usefully and not just putting it off.

Are there any issues over the debt that you know of other than documents btw ? charges/interest rate changes/ limit being ramped up etc etc ?

I was was thinking that it was best to get everything sent out asap but if I did delay it by a week or two then I'd make sure I didn't forget but I'm just gonna send it off this week, just so I don't forget.

From what I remember the debt was low, it may have been lower than that if any cost have been added on since the account was closed. It's definitely not the accounts the solictors mentioned as I'm sure this is my old isme account through shop direct and I remember that account being around that figure but it may have been slightly less if charges have been added on. If I have to pay the debt then i will but I just wanted to be sure what box to tick.

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

so signing the reply form to the cohen Cramer solicitors will be ok? Just wanted to double check.

Yes it will be fine

Some info on 'crossed' postal orders - just write Lowell Portfolio on it....

When someone receives a crossed Postal Order, they can only pay it into their bank account, savings account or use it to pay bills at a Post Office branch.

Uncrossed Postal Orders are as good as cash. So if you’re using a Postal Order to buy something online or by mail order, the recipient can pick up the cash while posting out your items. In most cases, your order will arrive earlier.

To cross a Postal Order, write the recipient’s name on the order – then they’re the only one who can pay it into their account.

Read more at http://www.postoffice.co.uk/postal-o...RhtwGdt1Phd.99

So

1: Send CCA request with £1 PO to LOWELL PORTFOLIO -

2: Send Reply back to COHEN CRAMER including the REPLY FORM (((KEEP A COPY.))) No copy of the CCA needed. You can include a cover letter for politeness.

Soooo something along these lines?

Your name
Your address
Your postcode


DATE 2017

Cohen Cramer Solcitors
Their address
Their postcode


Dear Sirs,

REFERENCE: xxxxxxxxxxxxxxxxx

Further to your letter dated 3rd October 2017 please find enclosed my response pursuant to the Pre-Action Protocols for Debt Claims.

I do not know whether I owe the debt and I require more information to enable me to assess my position with regards your claim. I have completed section I of the Reply Form accordingly.

list documents being requested if you like and want to make their life easier

I look forward to receiving copies of the required documents within 30 days.

Kind Regards


xxxxxxxxxxxxxxxx
encls.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Yes it will be fine

Some info on 'crossed' postal orders - just write Lowell Portfolio on it....



So

1: Send CCA request with £1 PO to LOWELL PORTFOLIO -

2: Send Reply back to COHEN CRAMER including the REPLY FORM (((KEEP A COPY.))) No copy of the CCA needed. You can include a cover letter for politeness.

Soooo something along these lines?

I've done a rough draft of my letter to Cohen Cramer which will be sent with reply form, could you let me know if this draft looks ago and whether any of needs taking out or shuffling about and I'll update it, thank you.

Please see rough draft below:

Your name
Your address
Your postcode


DATE 2017

Cohen Cramer Solicitors
Suite 1B Joseph's Well
Hanover Walk
Leeds
LS3 1AB


Dear Sirs,

REFERENCE: xxxxxxxxxxxxxxxxx

Further to your letter dated 3rd October 2017 please find enclosed my response pursuant to the Pre-Action Protocols for Debt Claims.

I do not know whether I owe the debt and I require more information to enable me to assess my position with regards to your claim. I have completed section I of the Reply Form accordingly and I require a copy of the following listed documents as noted below please:

The Agreement;
The Default Notice;
The Notice and Deed of assignment between Shop Direct and Lowell Portfolio;
A copy of the written contract for the debt;
A full statement of account, including details of all interest and charges included on the outstanding balance of debt, explaining how they have been calculated, and any payments already made toward the debt;
A calculation of the interest claimed;
The annual or daily rate of interest;
A description of the nature and amount of any administrative charges included in the debt;
A copy of the notices of assignment of the debt
A copy of the written contract for the debt;

I look forward to receiving copies of the required documents within 30 days.

Kind Regards

Print my full name

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Afternoon everyone, hope you're all well today? I can't thank you enough so far for all your fantastic help, I really appreciate it, thank you.

I've posted above a draft letter to cohen cramer solictors, I just want to double check if it needs tweaking before I print it off and send it in the post.
also I need help to make sure this CCA letter is correct and if anything needs changing before I print it off and send to Lowell Portfolio? Does anyone know the address for Lowell as I only have a address for cohen cramer solicitors?

CCA letter draft posted below:

My address
xxxxxxxxx

xxxxxxxxx
xxxxxxxxx

1. Date
   
   
   Creditors Address
   xxxxxxxxx
   xxxxxxxx
   xxxxxxxx
   xxxxxxxx
   xxxxxxxx
   
   Dear Sir/Madam
   
   Re:− Account/Reference Number xxxxxxxxx
   
   This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
   
   I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
   
   If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
   
   Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
   
   I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
   
   If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
   
   We look forward to hearing from you.
   
   Yours faithfully
   Printed Full Name
   
   

[warwick65]

Re: Advice needed please regarding notice of pending legal action

As it's a catalogue debt non compliance would be s78(6).

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

As it's a catalogue debt non compliance would be s78(6).

Ill update that before sending the letter. Apart from changing that part of the cca, does it all look ok?

Is there anything in the letter to cohen cramer solicitors I should change or have I noted to many points? I'm all new to this so just trying to get this all correct.

Thanks for your help again

[warwick65]

Re: Advice needed please regarding notice of pending legal action

Hi

Just had chance to read all tha attachments so here goes

1) I would make sure you list what you want to see in the box of the reply form, no harm in adding the letter in as well.

2) I think the letter to CH does go into a little too much detail , btw you have asked for the contract at the top and bottom of the list. By asking for everything you are helping them get their case together so I would ask for
1) Agreement
2) Assignments - deed and notice
3) Statement of account
4) Default notice


3) The CCA request is ok but could be much shorter just paragraphs 1 5 and 6 so here is my request, here is my fee and if you can’t comply I expect you to tell me . However I dont see any harm in the whole thing if its already printed and ready to go.


It is all rather new with these new systems only coming in on 1st Oct

Good luck

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

You've been on CAG lol ( can tell by the irritating blue linky tag and over wordiness) .. simplify that CCA request back to basics and don't over think things.

This is enough http://legalbeagles.info/library/gui...etter-example/

As Warwick says it's s78 for catalogue - that's cause it's ' running credit ' rather than ' fixed sum'(s77) but it's fine to quote both or even s77-79. ( here ->s 77 https://www.legislation.gov.uk/ukpga/1974/39/section/77 - press NEXT PROVISION to get to s 78 )

Take the cover letter back to basics too - it's only a cover letter for your reply form - doesn't need to be war and peace xxxx

Honestly, less is more.

[Debt Camel]

Re: Advice needed please regarding notice of pending legal action

Debatable indeed lol ... I think most of these would be C unless there is a defence other than wanting copies of documents ( so use D for statute barred, cases of ID fraud, debts that have previously been paid, debts that are simply not recognised at all ). In this case I think it is C as we think we know the debt, it's nowhere near SB, but we want documents for them to evidence it and the amount owed.

That was my line of reasoning.

I wonder actually whether we should add a bit as well stating 'I do not acknowledge this debt' on ALL responses (other than admission/offer) to these pre-action letters whether defending or asking for more information as it's too easy for them to chuck on of these out in years 3/4 to potentially use to prolong SB ?

personally I think any dca that is well enough organised to think of doing this is not likely to let the debt go over 6 years anyway...

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

I've just had a chance to see your messages guys asive just finished work. I will take note and make the changes to cca and letter to solictors as I noticed that I was going into way to much detail. I guess I was just being worried but I'll make the changes so I can get everything sent out by tomorrow.

- - - Updated - - -

I will keep it simple as I was over worrying, so I'll make the changes and get it all sent out tomorrow.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Hi

Just had chance to read all tha attachments so here goes

1) I would make sure you list what you want to see in the box of the reply form, no harm in adding the letter in as well.

2) I think the letter to CH does go into a little too much detail , btw you have asked for the contract at the top and bottom of the list. By asking for everything you are helping them get their case together so I would ask for
1) Agreement
2) Assignments - deed and notice
3) Statement of account
4) Default notice


3) The CCA request is ok but could be much shorter just paragraphs 1 5 and 6 so here is my request, here is my fee and if you can’t comply I expect you to tell me . However I dont see any harm in the whole thing if its already printed and ready to go.


It is all rather new with these new systems only coming in on 1st Oct

Good luck

Hi, I've updated my CCA request so it's not so lengthy. With regards to the following paragraph below of the act: do I take out sections 77-79 and replace with section 78 or can I leave it as it is? If I can leave it as it is, then that's the CCA completed.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

Would you happen to know the address for Lowell to send the cca please?

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

So this is my updated cca request, I hope this is much better than the first?

My address
xxxxxxxx
xxxxxxxx
10th October 2017




To:


Dear Sir/Madam


Account/Ref No:


With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.


I understand that under the Consumer Credit Act 1974 [sections 78], I am entitled to receive a copy of any credit agreement and a statement of account on request.


I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.


I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.


I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.


I look forward to hearing from you.


Yours faithfully






Printed name