Letter before action Help!

[Snoopy1948]

Re: Letter of Claim Help!

Moralising such as this helps no one whatever the reason/ cause of debt there is no need whatsoever for such comment.

nem

My comment was not meant to offend, indeed after 23 years of professional debt handing, there is always a story behind the debt, and certainly no offence was intended.
However, even in times of extreme personal displacement, creditors should always be kept in the loop as to the inability to pay although I accept that in many situations that can be extremely difficult to achieve.

[Guest]

Re: Letter of Claim Help!

I do have some other debts but not that I am receiving any letters about. I have tried on the whole to keep creditors informed but sometimes it seems like I was banging my head against a brick wall . This recent flurry from Capital One went from a letter introducing Lowell Solicitors to a letter of Claim within 2 days so I did not have time to respond. Before that it had been a long time since I heard from them.

Over some time I have done a lot of reading on different websites and the advice seemed to be only to respond to genuine threats otherwise the creditors would see you as an easy touch and just up the level of hassle.

[nemesis45]

Re: Letter of Claim Help!

I do have some other debts but not that I am receiving any letters about. I have tried on the whole to keep creditors informed but sometimes it seems like I was banging my head against a brick wall . This recent flurry from Capital One went from a letter introducing Lowell Solicitors to a letter of Claim within 2 days so I did not have time to respond. Before that it had been a long time since I heard from them.

Over some time I have done a lot of reading on different websites and the advice seemed to be only to respond to genuine threats otherwise the creditors would see you as an easy touch and just up the level of hassle.

One has to be extremely careful with Lowell/Lowell solicitors are rather swift and tend not to adhere to their own deadlines, this lot are not to be trusted!!

nem

[Guest]

Re: Letter of Claim Help!

Thanks
I have posted the CCA request today but it won't arrive until Tuesday so I think I will email the solicitors telling them I have sent a CCA request

- - - Updated - - -

Thanks
I have posted the CCA request today but it won't arrive until Tuesday so I think I will email the solicitors telling them I have sent a CCA request

[nemesis45]

Re: Letter of Claim Help!

Thanks
I have posted the CCA request today but it won't arrive until Tuesday so I think I will email the solicitors telling them I have sent a CCA request

- - - Updated - - -

Thanks
I have posted the CCA request today but it won't arrive until Tuesday so I think I will email the solicitors telling them I have sent a CCA request

That's fine.

nem

[Debt Camel]

Re: Letter of Claim Help!

I do have some other debts but not that I am receiving any letters about. I have tried on the whole to keep creditors informed but sometimes it seems like I was banging my head against a brick wall . This recent flurry from Capital One went from a letter introducing Lowell Solicitors to a letter of Claim within 2 days so I did not have time to respond. Before that it had been a long time since I heard from them.

Over some time I have done a lot of reading on different websites and the advice seemed to be only to respond to genuine threats otherwise the creditors would see you as an easy touch and just up the level of hassle.

OK. well if Lowell's admit they can't produce a CCA, then this isn't a problem, you can defend this claim. But if they can, then this debt is not statute barred so you are going to get a CCJ. and you will need to reply with to the claim with details of your Income & Expenditure and an offer of monthly repayment. This offer should really take into account your other debts, otherwise what are you going to do in three months time when the next claim form arrives?

[Guest]

Re: Letter of Claim Help!

I am going to do my best not to worry , if nothing else it will delay the issuing of a claim. I am going to spend the week looking at options. Quite frankly , I feel like saying bugger off or I will go Bankrupt and you will get sod all . Mt mind is running at 20 to the dozen at the moment so I need to try and calm down and think of the best course of action.

I wonder how long it will take to reply to my CCA request and will sending it actually stop them issuing a claim .

[nemesis45]

Re: Letter of Claim Help!

There is still the possibility of avoiding a CCA if Lowell should have the agreement.

A Consent Order ( also known as a Tomlin Order) whereby agreed payments are secured by the order which stays the claim as long as the agreed payments are maintained.

nem

[Debt Camel]

Re: Letter of Claim Help!

I am going to do my best not to worry , if nothing else it will delay the issuing of a claim. I am going to spend the week looking at options. Quite frankly , I feel like saying bugger off or I will go Bankrupt and you will get sod all . Mt mind is running at 20 to the dozen at the moment so I need to try and calm down and think of the best course of action.
.

That is good advice from yourself

One of the difficult problems here is how much weight to give to your other debts. Without a crystal ball you can't guess how many of them are going to be coming back with claim forms over the next few years. It is unfortunately common to be contacted in the last few months before a debt becomes statute barred, by which point you were assuming you were safe.

As you have little income, and no assets, you could take the view that you will tough it all out and offer token payments to CCJs if and when they arrive.

But it is sensible to consider the alternative of insolvency, which would be bankruptcy if your debts are over 20k or a Debt Relief Order if they are under 20k. This may be simpler and less stressful than arguing about a string of debts one by one, knowing that only one has to get their CCJ for your credit record to be wrecked anyway.

Information on bankruptcy: http://debtcamel.co.uk/debt-options/...to-bankruptcy/
Information of DROs: http://debtcamel.co.uk/debt-options/...relief-orders/

[Guest]

Re: Letter of Claim Help!

Debt Camel
Thank you for the advice, I have managed to find someone I can talk to face to face although I will have to travel to them to get some advice. I am wondering about Bankruptcy.

I now wish I had faced up to this ages ago

I received an email back from Lowell this morning

Dear Sir or Madam,
Please be advised that as this is the first email we have received from you, we require some information from you in accordance with the Data Protection Act 1998 so that we can conduct our security checks.

Please confirm:
Our reference number
Full name
Full address, including post code
Full date of birth

By replying to this email, you also confirm that you give authority for us to record this email address and correspond with you by this method.

We aim to respond to you as soon as possible, but within 10 working days once we have satisfied our security checks. Please note that until we receive the above information from you, we will not be able to deal with your correspondence.

If you are responding to any contact that suggests that we may take steps such as issuing a claim or entering a judgment in less than 5 working days, please call us on the below number as we cannot guarantee that we will have seen your email.

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Thing is
I wrote a letter and signed it, in the old fashioned way with my name and address and the reference number. I then signed it and scanned it and attached it to an email. In the email I wrote that this email address was not to be used for correspondence

The first thing they do is send that back

Hopefully I will know tomorrow that the CCA request has been delivered

[Guest]

Re: Letter of Claim Help!

Sorry another question

I have seen people talk about notice of assignment and the law of property act

Does tha notice have to be in a particular format or mention the law of property act or can it just say we have sold your account to xxxxxx

[charitynjw]

Re: Letter of Claim Help!

Sorry another question

I have seen people talk about notice of assignment and the law of property act

Does tha notice have to be in a particular format or mention the law of property act or can it just say we have sold your account to xxxxxx

Hi Berti

It is sent out under the hand of the assignor; that could be the assignor, the assignee or even a third party.
It must, however, be sent in accordance with LoPA 1925 s196(4).
http://www.legislation.gov.uk/ukpga/...20/section/196

[Guest]

Re: Letter of Claim Help!

Hi Charitynjw

So you are saying that it should be sent by registered post?

Registered post doesn't exist any more though does it

Does it need to mention LoPA?

I have found two letters that came in normal post that just said we have sold you account and hello we now own your account

[Guest]

Re: Letter of Claim Help!

I've checked the delivery and the letter has not been delivered.

Should I reply to the solicitors confirming my name and address etc but saying specifically that they can not use the email address to contact me ?

[nemesis45]

Re: Letter of Claim Help!

I've checked the delivery and the letter has not been delivered.

Should I reply to the solicitors confirming my name and address etc but saying specifically that they can not use the email address to contact me ?

NOA's custom and practice: Can be sent by normal by: The creditor and / or the debt purchaser often debt purchasers are authorised to send the creditors NOA in the same envelope.

You have described the NOA (s) above.

nem

When did you post the letter.