Letter from Solicitor requesting payment on behalf of a debt collector

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Update:

I have received two correspondences.

1. From Courts and Tribunal Services on the 1st June. It acknowledges the defence and has served a copy on 'the claimaint (or the claimant's solicitor). it says the claimant may contact me to resolve, none such contact so far.
It also says if no contact has been made by the claimant to the court within 28 days of receipt of the defence, the case will be stayed.

2. From HSBC. Asking me to provide the address of a branch for them to send information to.

Any advice at this point please?

Many thanks.

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi
HSBC will want to satisfy themselves that you are who you say you are so do you have a branch nearby?

They will probably want you to take ID in, maybe two forms such as a current utility bill and a drivers licence or passport

As for the court just wait and see what happens

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

I will have, yes. I'll send that request off then. I'll report back when I hear something, or on 29th June, whichever is sooner.

Thanks :-)

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Update

The court wrote to me on the 1st of June advising that the claimant had 28 days to respond to my defence, or the case will be stayed.

The claimant and solicitor have contacted me to advise that although they don't recognise my defence, or the statutes quoted in the letters sent, they have 'suspended' collection activity pending receipt of documents

I did collect a box from HSBC containing signatures and details from as far back as the late 90s! I'm talking junior bank accounts.

But I've heard nothing from the court or either Arrow or Restons.

Thoughts?

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Update

The court wrote to me on the 1st of June advising that the claimant had 28 days to respond to my defence, or the case will be stayed.

The claimant and solicitor have contacted me to advise that although they don't recognise my defence, or the statutes quoted in the letters sent, they have 'suspended' collection activity pending receipt of documents

I did collect a box from HSBC containing signatures and details from as far back as the late 90s! I'm talking junior bank accounts.

But I've heard nothing from the court or either Arrow or Restons.

Thoughts?

Yep.
Ring the court to check on the current status of the claim.
Sounds to me as though it might be stayed; the court does not inform you of this, you have to make enquiries.
If it is, the Claimant will have to pay to lift the stay should they wish to continue the claim.
That said, my 'local' court is running late with processing paperwork & inform me that there could be up to 10 days delay.

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi Matt
Evening Charity

I don't trust Restons so it's good to be prepared. Can you maybe let us know roughly the claim amount for example about 5k between 5and 10 over 10. Nothing too personal.

It would really help to see the basics of your defence because I don't trust Restons and might help if it can be given the once over for glaring errors. I worry when they say they don't recognise the statute. Hopefully it is just s189 cca they are playing silly buggers with

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi both,

It's around 6k

The amount represents two balances (a defaulted loan and overdraft) However they only provide the overdraft acc number as a reference.

I don't have the letters to hand unfortunately but my defence was based on charity's template with the following amendments suggested by amethyst:

Originally Posted by Amethyst It's confusing two issues there - 1) that they are the creditor under the CCA ( they are see sec 189 for definition of creditor) 2) that they haven't agreed a court extension

Maybe try;

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to formally respond to that request.

Then on the other issue....

13: The Claimant has denied that they are the Creditor as evisaged by the Consumer Credit Act 1974 and contend they have no requirement to produce a copy of the orginal credit agreement. However S.189 of the CCA 1974 states
“creditor” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;
Should the Claimant consider themselves not to be the Creditor under the Consumer Credit Act 1974 then I am uncertain why they have brought this claim in their own name.



or something along those lines anyway...

[warwick65]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi Matt

I wonder if Restons, either deliberately or by accident are thinking this is just an overdraft and therefore claiming S77-79 does not apply.

Are you 100% sure it is a combination of the two?

My next thought is, as this is Restons who are possibly the most devious litigation solicitors I have come across ( they might be quite proud I have said that) and it is for a no insignificant ( to you or me) sum , have you thought about chatting to a solicitor - some do fee consultations, some charge a fee
https://justbeagle.com/search?fixed_...t_search=1&cp=
I am not trying to scare you or worry you , its just a thought

If you used the template [MENTION=5553]charitynjw[/MENTION] provided i can not for the life of me see why they claim they do not recognise the statute

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi mattjunior (& @warwick65, of course! )

To date, I've never seen any of these clowns trying the "we are not the creditor" nonsense when the defendant is legally represented.
Funny, that!

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

Hi Matt

I wonder if Restons, either deliberately or by accident are thinking this is just an overdraft and therefore claiming S77-79 does not apply.

Are you 100% sure it is a combination of the two?

It is absolutely more than one balance. When HSBC closed the loan and overdrawn account, they passed it to Metropilitan I think (long time ago). They have always asked for one entire sum but it has always been two accounts, I have found an old credit report tht shows it might be three accounts actually, 2 bank accounts and one loan.

** I have just got off the phone to the court. The case was stayed on the 5th July. Will cost them £100 to reopen it.

To clarify the responses I received after filing my defence:

Arrow have said 'we do not accept that we are the creditor as envisaged by the above statute' (CCA 1974) and also that 'all collection activity will be suspended pending provision of the documents.' - 23rd May 2017

Restons said, that CPR 31.14 doesn't apply because I should have received Tcs and Cs when opening the account (I notice that they stated account, not accounts) and that because the documentation isn't mentioned in the POC, they don't have to provide. 'further to the above, our Client has received your request for a copy of the credit agreement, as such, the matter is now on hold in our office' - 31st May 2017

[MIKE770]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

ignore their suspended action they cannot once a court papers been started, , restons know up to allocation then CPR31.14 applies although ignored, a mention later that they failed to request at this stage and copy of their letter attcahe to any court papers,

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

ignore their suspended action they cannot once a court papers been started, , restons know up to allocation then CPR31.14 applies although ignored, a mention later that they failed to request at this stage and copy of their letter attcahe to any court papers,

Thanks for the reply, Mike. I don't fully understand what you're telling me, sorry.

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

** I have just got off the phone to the court. The case was stayed on the 5th July. Will cost them £100 to reopen it.

£255 unless you consent.

Arrow have said 'we do not accept that we are the creditor as envisaged by the above statute' (CCA 1974) and also that 'all collection activity will be suspended pending provision of the documents.' - 23rd May 2017

High Court said differently in Jones v Link Financial.
http://www.lexology.com/library/deta...f-98fdd63b8b36

[mattjunior]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

£255 unless you consent.


High Court said differently in Jones v Link Financial.
http://www.lexology.com/library/deta...f-98fdd63b8b36

So if they apply to reopen, I can ask them to pay £255? presumably payableif I lose, however.

Should I take any action at this point?

[charitynjw]

Re: Letter from Solicitor requesting payment on behalf of a debt collector

They would have to pay for the application, not you.

Not trying to preempt things, but the claim is for £500ish.

Put yourself in their shoes.....would you spend another £250 on a claim where you would only get back £500....if you won?