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Letter of Claim - Advice

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  • Letter of Claim - Advice

    Hello,

    I have received a letter of claim from a solicitor (part of a debt management company) for a credit card debt that I last made a payment to in November 2012. I spoke to them and asked for a copy of the original credit agreement and for them to prove the date of default vs. the credit agreement as they are saying it defaulted in August 2013, thus the six years for statutory barred is not up until August this year.

    They put me on hold, repeatedly, and came back with lines such as "we just want to nip this in the bud, let's set up a payment plan" which suggests to me that they don't have the agreement.

    My questions, please, as I need to reply to them this week, are as follows:

    1. Without the original agreement can they move to court action?
    2. Is my best action to write back, not accepting the debt, tick the dispute option and ask for the above documents?

    I would like them to confirm the default date, to default it nine months after the last payment seems to long to me, can I challenge this?

    Thank you.
    Tags: None

  • #2
    Yes, complete The reply form saying you don't know if you owe this debt and requesting documents, being the notice of assignment default notice and credit agreement and any statements of account. At the same time but separately, send a formal CCA request to the claimant ( not the solicitor) .https://legalbeagles.info/library/gu...etter-example/

    Sadly they are correct that the date of default is the date of the cause of action for the limitation act purposes so even though you last paid in November 2012 if it took them 8/9 months before they defaulted the account you'll have an argument on your hands.

    Does anything still show on your credit file for this debt because if it did default in August 2013 it should still show.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Thanks for the reply.

      Yes, it is on my credit file, Nine months to issue a default seems long to me, I had others and they all defaulted much quicker than that. There must be an obligation or something in the original agreement that states when it will default, otherwise what would stop the original company never defaulting it?

      I will ask for the documents as I note and see what they come back with.

      When you say send a CCA to the claimant, can you confirm if you refer to the original credit card provider or who the solicitor is acting on behalf of? (the solicitor is part of the same debt management company who it was sold to).

      Thank you.

      Comment


      • #4
        The Debt purchaser, so Cabot or Lowell, as opposed to Mortimer Clarke or Lowell Solicitors... ( under the CCA 1974 the purchaser/assignee of the debt becomes the creditor for the purposes of the CCA s.77/78 requests)

        And yes it is a long time... if they sent you a default notice though in say January that gave 14 days, and you didn't comply with such, you can argue the default date should have been the date of expiry of the Default Notice, not some arbitrary date in the future.

        A SAR actually might help to the original credit company as well - Subject Access Request Letter

        you can ask for full SAR online or by email/phone now with many creditors. That should give you some details of when it defaulted/ should have defaulted etc.
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Great, thank you for your help.

          Comment

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          SHORTCUTS

          Pre-Action Letters
          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Witness Statements
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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