CCBC claim form received from DRYSDENSFAIRFAX

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Well I posted a letter off as above today but have just received a Notice of proposed allocation to small claims track letter from the ccbc. Just wondering if you need the agreement of the other party to amend your defence?This is not looking to good to me now.

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

It looks fine, they still haven't given you the credit agreement you requested under s.78 CCA so they still can't enforce regardless of whether you amend the defence to include the stat barred bit.... complete the directions questionnaire and return it and see if they respond to your letter.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Just a couple more questions, sorry. Should I agree to mediation and it says complete questionnaire and serve copies on all other parties does this mean send a copy to Arrow?

[mystery1]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Ask the claimant if they agree to an amendment of your defence given they have provided further info. The worst that can happen is that they say no.

M1

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Yes agree to mediation (then mediation will get cancelled due to lack of info) and send a copy to Arrow.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi, well I received a letter from global saying that they are still endeavouring to comply with the CCA request and that they are at the mercy of the original creditor. They also sent a statement with the last payments I made the last one being 19/01/2009. Unfortunately this seems to be correct though I had convinced myself that the last payments had been earlier. They are also offering a 50% discount on the debt payable over 12 months which to be honest is quite tempting to me.

So do I take the deal or do I hope the cannot come up with credit agreement?

I also have been receiving another debt letter from them from the same time period (also for littlewoods) as the one above If I sent a cca request for that one would it delay them starting proceedings on that? A few more months it would be statute barred. Kind regards.

[SAMSUNG]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Anyone

[Kati]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi Samsung ... I'll make sure your post is followed up tomorrow morning (if no-one spots it tonight of course )

Kati x

[Amethyst]

Re: CCBC claim form received from DRYSDENSFAIRFAX

Hi, Thanks Kati and apologies Samsung for missing your post earlier.

Ref the other debt, yes get a CCA request off, not guaranteed to scare them off but if they are looking at court action then If they do you would be in a stronger position from the off.

With the current claim, you have to do what feels right to you, as a negotiation with catalogues I like to think you pay for the goods you had from the catalogue, and not the interest or charges, which they aren't entitled to if there is no agreement. However Littlewoods have already written it off and sold the debt on for something like 10% of its value, so you could try a 30% counter offer, you're in a good position as they don't have the credit agreement.... they could reconstruct it, but if you don't believe you signed one you could argue that.