letter before action do i need to send one

[whitesiden]

I had a claim made against me , and the claiment agreed to setaside

[stevemLS]

Re: letter before action do i need to send one

Hi

I don't understand. The claimant had a (default?) judgment in their favour set aside?

What is your letter before action for? If there are active proceedings on foot you would not normally need LBAs.

Steve

[whitesiden]

Re: letter before action do i need to send one

I had a claim against made me in 2009 , to which the clamant had no authority to start , or authorise solicitors , and a counter claim was made in 2010 , by some excelent solicitors , but by the time it got to court i had mental health issues , and the court accepted my Medical issues
due to the mental health issues i consented , manged to claim set aside in 2011 Neither the claiment or their solicitors defendant didnt responded to my defense dated febuary the 28th febuary 2011, as ordered by the court and the claiments agreed to setaside in July 2011

The claim would be for financial- Misselling , harrasment and theft
1) the claiment wasnt the oringal creditor
2) invalid defauld notice was used in their claim
3 )The termination notice wasnt correct
4 apr chrged on the credit was incorrect
5)amount of credit was wrong
6 basically all figures where incorect on the Consumer credit agreement
7) total amount payable was incorect
8) the agreement hasnt been signed

6)Terminations your rights was half the total amount payabe not half of the repayment balance
7)the agreement wasnt signed or dated by the original creditor
8)the agrrement is regulated by the consumer credit act 1974
9 ) the agreement is regulated by the distant selling rules

[whitesiden]

Re: letter before action do i need to send one

can anyone help

[whitesiden]

Re: letter before action do i need to send one

cany anyone help ?

[whitesiden]

Re: letter before action do i need to send one

i had a claim set aside , by the claiment , the car had almost been paid off all by a few hundred quid , i had it setaside in 2011 , so do i need to send a letter before action

[FlamingParrot]

Re: letter before action do i need to send one

I think the reason you haven't had more responses is because it's not very clear what you are asking here. From what I read above, a claim was made against you and presumably judgment was obtained so you had a CCJ, which you managed to get set aside in 2011, so you no longer have a CCJ. Is my understanding correct so far?

It's not clear what you are trying to do now that would require you to send a letter before action. The letter in question would be sent by a claimant before issuing a claim.

The points you mention above would be valid points to defend a claim, presumably that was also the view of the court which is why the set aside was successful. If you have no CCJ that means you have nothing to pay on that account. I can't see what grounds you would have to issue a counter claim if I may refer to it as such, four years after the event.

The arguments you listed could well have made the agreement unenforceable, however, I can't see where harassment and theft come in. Any harassment by the creditor would have taken place prior to the claim being issued, thus over five years ago. Theft is a criminal offence which should be reported to the police, not a matter to be resolved via the civil courts.

[whitesiden]

Re: letter before action do i need to send one

I think the reason you haven't had more responses is because it's not very clear what you are asking here. From what I read above, a claim was made against you and presumably judgment was obtained so you had a CCJ, which you managed to get set aside in 2011, so you no longer have a CCJ. Is my understanding correct so far?

It's not clear what you are trying to do now that would require you to send a letter before action. The letter in question would be sent by a claimant before issuing a claim.

The points you mention above would be valid points to defend a claim, presumably that was also the view of the court which is why the set aside was successful. If you have no CCJ that means you have nothing to pay on that account. I can't see what grounds you would have to issue a counter claim if I may refer to it as such, four years after the event.
the cash price is also incorrect it includes a £ 504 delivery charge , which makes the the amount of credit incorrect also
The agreement is also regulated ny the distance selling rules

the claments representives set aside

The arguments you listed could well have made the agreement unenforceable, however, I can't see where harassment and theft come in. Any harassment by the creditor would have taken place prior to the claim being issued, thus over five years ago. Theft is a criminal offence which should be reported to the police, not a matter to be resolved via the civil courts.

firstly the claiment wasnt the original creditor,and had no authority to bring the claim to court , or to authorise solicitors
The claiments representives had previously taken me to court , in may 2009 and started further proceedings against me in august 2009 and told the court , i had moved address , and no notice of assignment has ever been reiceved , and they new full well i hadnt

the total amout payable includes is nade up of the interest , amout of credit , and they chased me for the full amount total amount payable, which included the deposit allready paid
the interest has been caculated on the full cash price of the car instead of the amount of credit , and they also sold of my persomal goods
The agrement is also regulated by the distant selling rules
the car was probaly paid for before the took me to court

Thanks for replying

[FlamingParrot]

Re: letter before action do i need to send one

firstly the claiment wasnt the original creditor,and had no authority to bring the claim to court , or to authorise solicitors

If you look at the court threads on this site you'll find the vast majority of claimants are not the original creditor, in fact these days is quite rare to be taken to court by the original lender, they all seem to go down the route of selling the debt, writing it off as a loss for tax purposes and let others do the dirty work for them.

The claiments representives had previously taken me to court , in may 2009 and started further proceedings against me in august 2009 and told the court , i had moved address , and no notice of assignment has ever been reiceved , and they new full well i hadnt

The notice of assignment may have been sent to your previous address which is why you didn't receive it. You could have asked for proof of assignment when you were defending the claim, however, this was nearly six years ago.

the total amout payable includes is nade up of the interest , amout of credit , and they chased me for the full amount total amount payable, which included the deposit allready paid
the interest has been caculated on the full cash price of the car instead of the amount of credit

The question is, are you still being asked to repay all this? From what you posted above, the CCJ was successfully set aside in 2011. That means you don't have to pay it any more, not unless they issue a fresh claim, have they issued a new claim?

and they also sold of my persomal goods

Can you explain this? Who sold off what personal goods? If the CCJ was set aside, they couldn't have applied to the court for a warrant to send bailiffs, not without a valid judgment in place.

The agrement is also regulated by the distant selling rules
the car was probaly paid for before the took me to court

The Distance Selling Regulations 2000 that were in place at the time referred to goods purchased online, by mail order, over the phone or from tele-shopping where the consumer didn't have the opportunity to view or inspect the goods at the time of purchase. They dealt mostly with your right to return the goods within a certain period of time if they were not to your satisfaction and to obtain a refund. I don't see how these regulations would have applied to car finance.

[whitesiden]

Re: letter before action do i need to send one

Faxes where used from the dealer to the original creditor , and these where sent when i wasnt present , already had the car when they where sent.
the subject access requet shows this too , as well as the documents sent to me are not the original cca or terms and conditions , and the car was also sold with invalid , gap insurance
the total amount payable included the deposit , and they sold my number plate , and no absolute notice of assignment had been sent from the original creditor , and ive been over charged by £15000I was also put out of work because of it and ended up with mental and physical issues , and still under the hospital

[whitesiden]

Re: letter before action do i need to send one

so do i need to send a letter before action is my question

[FlamingParrot]

Re: letter before action do i need to send one

so do i need to send a letter before action is my question

If you intend to issue proceedings then you should send one. You may want to look at the pre-action conduct to see what the letter should contain: https://www.justice.gov.uk/courts/pr...on_conduct#6.1

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

(c) the parties disclosing key documents relevant to the issues in dispute.