Letter before action Help!

[Guest]

Re: Letter of Claim Help!

Letter was posted 1st class on Sunday I have a post office that is open 7-11 7 days a week

I am confused about Notice of Assignments, CharityNJW says the law is that it must be posted by recorded delivery yet you are saying because it is customs and practice they can just send by post- but that is not the law!

Also what i was really asking was do they need to say anything in particular for example mention the LoPA whatever that is


Still want to know, should I reply to the solicitors email with details but state definitely not to contact me by email , I share access to that one and although generally do not hide anything I do not want my GF worrying unless there is something to worry about

[nemesis45]

Re: Letter of Claim Help!

Letter was posted 1st class on Sunday I have a post office that is open 7-11 7 days a week

I am confused about Notice of Assignments, CharityNJW says the law is that it must be posted by recorded delivery yet you are saying because it is customs and practice they can just send by post- but that is not the law!

Also what i was really asking was do they need to say anything in particular for example mention the LoPA whatever that is


Still want to know, should I reply to the solicitors email with details but state definitely not to contact me by email , I share access to that one and although generally do not hide anything I do not want my GF worrying unless there is something to worry about

The point is that NOA's are considered generic and do not have to be routinely archived by the issuer the process is that notation is made on the internal records that an NOA was sent on a specific date.

There is no mileage in this you have the NOA's in your possession.

I cannot remember when a saw an NOA having been delivered by recorded delivery/ registered post/ signed for post or smoke signals.

nem

[nemesis45]

Re: Letter of Claim Help!

I believe Jones - v - Link throws some light on this.

nem

[Guest]

Re: Letter of Claim Help!

It was in the link that charitynjw provided in post 27

I wasn't asking exactly if there was 'mileage' just if there was a format they had to adhere to because it seems there are so many rules and regulations

Anyway
Should I email lowell solicitors and give them the info they want ?
I do not want them emailing me though

[Guest]

Re: Letter of Claim Help!

Jones v link seems to be about who has a right to bring a claim and what responsibilities it has, there doesn't seem to be much mention of how the notice of assignment is made

I read somewhere that it had to be either with a proof of posting or signed for

I need to wait for the agreement to see if they did actually terminate the account properly

[nemesis45]

Re: Letter of Claim Help!

Jones v link seems to be about who has a right to bring a claim and what responsibilities it has, there doesn't seem to be much mention of how the notice of assignment is made

I read somewhere that it had to be either with a proof of posting or signed for

I need to wait for the agreement to see if they did actually terminate the account properly

If Lowell is not sure that they are dealing with the correct debtor they should not have made contact in the first place I cannot see why they need that information so IMO no just refer them to their letters and then keep everything in writing via RM signed for post. If they get an e-mail address or phone number your life will be hell!

nem

[Guest]

Re: Letter of Claim Help!

CCA request has arrived in Leeds , so now its down to them. I have printed off the POD

[Guest]

Re: Letter of Claim Help!

After seeing a professional debt advisor yesterday I have also sent a letter to the solicitors asking for the documents that they intend to rely on in court , these are the agreement , the default notice and the notice of assignment. I know they have received that letter today

Apparently these are things they should have before issuing a claim although the lady I saw did say that very often they do not have them and at the very least I should have bought myself some time

[Guest]

Re: Letter of Claim Help!

Just thought I would update everyone

I have heard nothing from either Lowell or the solicitors after they received my letters and CCA request.

I did send the letter by email as well ( signed copy scanned) and had an email back asking for confirmation of details because they did not recognise the email but i ignored this as i knew they had signed for the letter.

So no claim has been issued
No response to my letter asking for agreement , default notice etc
No response from my CCA request
As it is now well over 12 working days should i do anything?

[MIKE770]

Re: Letter of Claim Help!

await next move

[Guest]

Re: Letter of Claim Help!

Thanks for the reply

Still not a cricket umpire ( Sorry if thats a bit obscure).

[MIKE770]

Re: Letter of Claim Help!

await the latest score then!

[nemesis45]

Re: Letter of Claim Help!

Just thought I would update everyone

I have heard nothing from either Lowell or the solicitors after they received my letters and CCA request.

I did send the letter by email as well ( signed copy scanned) and had an email back asking for confirmation of details because they did not recognise the email but i ignored this as i knew they had signed for the letter.

So no claim has been issued
No response to my letter asking for agreement , default notice etc
No response from my CCA request
As it is now well over 12 working days should i do anything?

Maybe a letter reminding them that they are now in breach of the 12 + 2 working days timescale for compliance with the CCA request and therefore the alleged debt is unenforceable.

nem

[Guest]

Re: Letter of Claim Help!

Maybe a letter reminding them that they are now in breach of the 12 + 2 working days timescale for compliance with the CCA request and therefore the alleged debt is unenforceable.

nem

Thanks but I thinkI will follow Mike's advice and just keep quiet.
I have other things to deal with at the moment cabot have bought a RBS debt of mine which I need to deal with

[Guest]

Re: Letter of Claim Help!

Hi thanks Sunnyside
I haven't made a payment for some years now although not long enough to make it statute barred