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Overdales letter before claim

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  • Overdales letter before claim

    I've had a LBC relating for 2 catalogue debts Very and Littlewoods this is the 2nd time in less than 12 months they have sent one of these. This has been passed on from Lowells DCA

    First one I did a s78 (CCA) for copies of both debts, I got a Facebook message from someone else who had a debt with them to say they had sent my CCA information to them along with some stuff of theirs.

    This took a while to sort out and Overdales paid me out for their mistake.

    They never forwarded on the CCA information I had to ask for it and when they sent it all they sent was a copy of the T&C and a page that had a copy of my digital signiture. Nothing else related to a CCA request. this was for Very account only and they sent nothing for Littlewoods.

    I never responded further.

    30 days ago I got another LBC so again I filled this in asking for s78 (CCA) information for both accounts

    They wrote back to me saying they had already sent the information in my last CCA which they didn't so they only thing they offered me was to either contact them to setup a payment plan or court.

    I am in the process of printing out a copy of the LBC and sending it again with a covering letter stating they hadn't complied with the CCA request for either accounts.

    Is this the right course of action?

    If they decide to ignore me and take it to court anyway would my defence be that they haven't supplied the information I asked for or would this not matter to the court whether they send proof or not?
    Tags: None

  • #2
    no CCA received then case cannot succeed, so point out they have failed to comply with regulation relating to CCA1974 request, and until such time they supply an "Enforceable" .

    get proof posting and keep copies of everything.

    Comment


    • #3
      researching
      Last edited by EnglandPi; 20th December 2021, 09:10:AM.

      Comment

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