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Hello
New on here, and desperately in need of advice please.
I have received today 21/05/16 a letter dated 16/05/16 from Howard Cohen Solicitors acting on Behalf of Robinson Way - yet it says their client is HPH2 LTD (Ex Barclaycard). it is headed as a Notice of Pending Legal Action, and says that I have 10 days in which to make a proposal for repayment of the sum of £12,031.00.
I have never had any correspondence from Robinson Way on this matter. I had in October 2012 written to a company called Mercers, I made them (along with others) an offer of a full and final payment. I never heard any more from Mercers about the debt.
To give you some background - I became a full time carer for a relative who is registered as disabled and in receipt of disability benefits - I am needed 24/7, so with no capacity to earn money. I rely on benefits, including income support. I have no savings, or assets of any worth. I told the previous debt collection company this. It has been my sad intention to make myself bankrupt, but I have been unable to raise the money necessary - why do they keep making it more expensive? To clarify, the money for the full and final offers came from a relative who is strongly anti bankruptcy, so I did not have the option to use that to file.
I do not have any paperwork for the original card application - life has been upside down, and somewhere along the way the majority of my paperwork has been lost/binned. I have had a Barclaycard for many years - I would guess 25+ years, and until I became a carer had never had any debt issues, although I always had a balance on my card, I had an income to pay it, until....
Having had a quick look at some previous posts, would it be appropriate for me to reply with this letter, found on a thread dated 14th February 2105 by getitforless, but quoting a letter originated by FlamingParrot:
Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated 09/02/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to "enable the parties to settle the issues between them" and to encourage the parties to "exchange information".
Paragraph 2.2 (1) of Annex A states you have an obligation to "list the essential documents on which the Claimant intends to rely". I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to "request further information to enable me to provide a full response". My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should "provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided".
I require copies of the following:
The original credit agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on 16/02/2015 and I am awaiting a response.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely,
.................
Would sending this be worthwhile and relevant for me? If not, can you please suggest another way to respond?
Apologies for the long, rambling post, and inability to highlight relevant names etc.
Thanks in advance for any help and advice you may be able to offer.
New on here, and desperately in need of advice please.
I have received today 21/05/16 a letter dated 16/05/16 from Howard Cohen Solicitors acting on Behalf of Robinson Way - yet it says their client is HPH2 LTD (Ex Barclaycard). it is headed as a Notice of Pending Legal Action, and says that I have 10 days in which to make a proposal for repayment of the sum of £12,031.00.
I have never had any correspondence from Robinson Way on this matter. I had in October 2012 written to a company called Mercers, I made them (along with others) an offer of a full and final payment. I never heard any more from Mercers about the debt.
To give you some background - I became a full time carer for a relative who is registered as disabled and in receipt of disability benefits - I am needed 24/7, so with no capacity to earn money. I rely on benefits, including income support. I have no savings, or assets of any worth. I told the previous debt collection company this. It has been my sad intention to make myself bankrupt, but I have been unable to raise the money necessary - why do they keep making it more expensive? To clarify, the money for the full and final offers came from a relative who is strongly anti bankruptcy, so I did not have the option to use that to file.
I do not have any paperwork for the original card application - life has been upside down, and somewhere along the way the majority of my paperwork has been lost/binned. I have had a Barclaycard for many years - I would guess 25+ years, and until I became a carer had never had any debt issues, although I always had a balance on my card, I had an income to pay it, until....
Having had a quick look at some previous posts, would it be appropriate for me to reply with this letter, found on a thread dated 14th February 2105 by getitforless, but quoting a letter originated by FlamingParrot:
Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated 09/02/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to "enable the parties to settle the issues between them" and to encourage the parties to "exchange information".
Paragraph 2.2 (1) of Annex A states you have an obligation to "list the essential documents on which the Claimant intends to rely". I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to "request further information to enable me to provide a full response". My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should "provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided".
I require copies of the following:
The original credit agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.77-79 on 16/02/2015 and I am awaiting a response.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely,
.................
Would sending this be worthwhile and relevant for me? If not, can you please suggest another way to respond?
Apologies for the long, rambling post, and inability to highlight relevant names etc.
Thanks in advance for any help and advice you may be able to offer.
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