Advice needed please regarding notice of pending legal action

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

I've also updated covering letter to solictor so I hope this is better? I don't want to make things easier for them so I'd rather take the advice from you all on here on what I should write in the covering letter.

Your name
Your address
Your postcode




DATE 2017


Cohen Cramer Solicitors
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.


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


Kind Regards


Name


encls.


In the reply form I will tick box I and request the following documents:
notice of assignment, a copy of the original agreement and terms, default notice, statements of the account.

Does this sound correct before? I'm confused to whether or not I need to tick box C or D or ignore both boxes and only tick box I?

Is there anything else I need to add on the covering letter or reply forms before I print everything out in the morning?

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Much better - sorry I can see you worked hard on the letters, but really keep it simple .... complicated can wait for an actual court claim if we get to that stage .....

the address for Lowell is Lowell Portfolio I, Ellington House, 9 Savannah Way, Leeds, LS10 1AB

Tick wise, Box C - I do not know then Box I - I need more documents/info

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Much better - sorry I can see you worked hard on the letters, but really keep it simple .... complicated can wait for an actual court claim if we get to that stage .....

the address for Lowell is Lowell Portfolio I, Ellington House, 9 Savannah Way, Leeds, LS10 1AB

Tick wise, Box C - I do not know then Box I - I need more documents/info

No need to be sorry, I'd rather everything correct so I really appreciate your help and the help from everyone in the here. Those documents are ready to be printed now.

I have another question, just as I was gonna send those documents of I received another debt letter from lowell, no pending action or anything but they sent me a letter regarding another debt I had around the same time with a aqua credit card which is at £1555.29 and the letter is offering a 50% discount to close account. And I've also noticed I received a normal debt letter on the Friday just gone from Cabot financial for a vanquis card offering me a deal but no deal showing on the letter. I believe bother those debts have been passed from dca to dca.

Do do I put those to one side for the moment and see if things go quiet as there's no notice of pending action and just focus on the current debt I've discussed?

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Yes get this one sorted then you can have a look at these others.

Have you recently checked your credit file or anything that's suddenly perked all the creditors up? Or coming up to 6 years from default ?

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Yes get this one sorted then you can have a look at these others.

Have you recently checked your credit file or anything that's suddenly perked all the creditors up? Or coming up to 6 years from default ?

I haven't recently and I never apply for finance since getting into debt, I used to get quite a few letters but then it went quiet for months until recently. I've got 3 credit card debts and 3 catalogue debts in total. Would it be worthwhile checking my credit file?

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

If they're all starting to poke their heads up it may well be worthwhile checking on Noddle to see where you're at.

Get this Lowell stuff sent off first though.

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

If they're all starting to poke their heads up it may well be worthwhile checking on Noddle to see where you're at.

Get this Lowell stuff sent off first though.

I will do, thanks. So section 78 on cca request is ok? Do I need to include sections 77-79 or just keep it at section 78?

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

As you know its a catalogue and they have said its a catalogue then just s78 is fine

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

As you know its a catalogue and they have said its a catalogue then just s78 is fine

Both letter to solictor, reply form and cca request are completed. On the letter back to solictor do I put account number from Lowell as there's also another ref at top of letter from solictor which reads "our reference: xxx/xxxxxx" just double checking that one.

Do I print my full name on both letter and cca request as mr first and last name?

last question as I know you must be busy so I don't want to take up to much of your time.

on the postal order do I make it payable to Lowell Portfolio I or Lowell Portfolio? And what do I do on the back of it? Do I just put a cross through the back with a black pen or fill any details in?

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Just write Lowell Portfolio on the front, that's all that's needed, no need to fill in anything on the back.

Yes use your full name - likely as they addressed you on their letter to you - and sign it, with your signature

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Just write Lowell Portfolio on the front, that's all that's needed, no need to fill in anything on the back.

Yes use your full name - likely as they addressed you on their letter to you - and sign it, with your signature

On the letter back to solictor do I put account number from Lowell as there's also another ref at top of letter from solictor which reads "our reference: xxx/xxxxxx" just double checking that one. Thanks

[Amethyst]

Re: Advice needed please regarding notice of pending legal action

Both ? eg;

Dear Sirs,
Account : xxxxxxxxxxxxxxx
Your Reference: xxx/xxxxxx

I am writing.............

[Dubbers]

Re: Advice needed please regarding notice of pending legal action

Both ? eg;

Dear Sirs,
Account : xxxxxxxxxxxxxxx
Your Reference: xxx/xxxxxx

I am writing.............

Thank you

[Debt Camel]

Re: Advice needed please regarding notice of pending legal action

re your Vanquis debt... do you remember if you had Vanquis's ROP product? If you did, one option would be to put in a complaint and ask for a refund of that now... probably not a good idea if it is coming up to statute barred very shortly. See https://debtcamel.co.uk/vanquis-rop-refund/ for details.

[Dubbers]

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.

You reckon?


Just on I - require documents, they have 30 days to respond saying "here's the docs" or "we haven't got them" .... then we can go from there as 'normal'...


but of course they have 12 to deal with the CCA request.

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 ?

Good afternoon, hope you're well? I've just started a full time night job so I haven't had a chance to reply as I'm gonna try and raise the funds just to cover myself in case it comes to that.

Update: cca letter is completed, letter to solictor is completed, reply form is all done, I'm gonna post tomorrow as I've just been going over everything and ensuring it's all correct as the last week has been rather stressful.

I remember you mentioned 'I do not acknowledge this debt' as also mentioned above. Should I add this in somehow with letter to solictor as leave it as it is? Just double checking before I get everything posted tomorrow. I've also added anti tamper signature strip on letter and cca and reply form as I was just, I guess worried and stressed regarding that so I hope that will also be ok?

Thanks for all your great help and to everyone else that has helped as well, means a lot and I am really grateful.