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Notice of Intention to Issue a Default Claim

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  • Notice of Intention to Issue a Default Claim

    Hi

    I'm not sure if I'm posting in the right section but I hope someone might be able to help.

    My daughter has received a "Notice to Issue a Default Claim" from LFS Collections, which is the debt enforcement division of Swinton's Insurance. What is one of these notices? It mentions County Court Judgements.

    She took out car insurance through Swinton and was making monthly direct debit payments. 6 months later she changed her car and asked to cancel the insurance because the quote they gave was far too much. They said she had to pay the premium for the full year because she'd had an accident. Fair enough, when we looked in the small print that's what it said. However, she is disputing the amount - they doubled the yearly premium when she moved back to this area after the accident. She didn't use the car except to drive back here as it wasn't really safe and she got the new car a couple of weeks later. She thought she was doing the right thing by telling them the change of addresss.

    About a month after trying to cancel the insurance with Swinton she lost her job. She and her stepfather made several phone calls to Swinton's to explain the situation and offer token payments but these were refused. She then wrote to explain and offer token payments but didn't even get a reply.

    We then wrote to the CEO of Swinton and they appointed someone to investigate. This investigation is ongoing, with corrrespondence between her and Swintons.

    However LFS are being very aggressive in their approach in my opinion.

    They wrote, dated 26/11 (postmarked 1/12 and replied to on 3/12 - Friday), saying that she had to pay the full amount and, if necessary, they would arrange legal proceedings within 28 days.

    They sent a Final Notice dated 6/12 (the Monday when she'd only received the previous letter on the Thursday before). This was received on 8/12 and we replied the same day, saying that she is disputing the amount of the debt with Swinton's, but not the debt itself.

    Yesterday (16/12) she received the Notice of Intention to Issue a Default Claim dated 13/12.

    She started a new job at the beginning of November but gets paid monthly so money is still very tight for her. They have phoned her on her mobile when she is at work and obviously she can't answer then. She can't afford to phone them back as she only has a mobile and their number is an 0845 number.

    What does she do now? She is young and doesn't want a CCJ as she will be looking for a mortgage in a few years. Her letters come to my address though she doesn't live here and I am having debt problems at the moment. Is this affecting the way they are dealing with her? She lives with her boyfriend in his Mum's house and she obviously doesn't want anything adverse being marked against that address.

    Thanks
    Tags: None

  • #2
    Re: Notice of Intention to Issue a Default Claim

    "Notice of Intention to Issue a Default Claim"

    That sounds like typical DCA Bovine Excrement to me.

    There's NO such thing as a Default Claim.
    While they maybe intending to file a county court claim, while the actual debt is in dispute, AND you have made them aware of this fact, they would be rather foolish.

    What does the actual letter say.
    Let me guess it's along the lines of Pay up by BLAH or we MAY issue a claim.
    Last edited by Curlyben; 17th December 2010, 10:31:AM.

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    • #3
      Re: Notice of Intention to Issue a Default Claim

      Originally posted by Curlyben View Post
      "Notice of Intention to Issue a Default Claim"

      That sounds like typical DCA Bovine Excrement to me.
      Thanks for the reply Curlyben

      I thought I knew most of the dca bovine excrement but hadn't come across this one before!!!

      The letter isn't a letter as such but one of those 'framed' notices.

      Notice of Intention to Issue a Default Claim

      Ref number

      Notice
      Daughter's name and address

      Details of debt:
      Unpaid Premium £XXXX
      Swinton Colonnade

      Take Notice unless you make payment of this debt within 7 days a County Court Claim will be issued against you.
      How To Pay
      Ring 0845 168 4676 to make a payment immediately by Debit/Credit Card to avoid this action between 8:00am and 7:30pm

      Alterantively forward your payment by first class post to:

      LFS COLLECTIONS SERVICES LTD 6 Great Marlborough Street
      Manchester
      M1 5SW

      Information about a Default Claim

      If a Default Claim is issued a court fee will be added to the debt. Interest may also be added. If judgement is made against you your name and address may be entered in the Register of Count Court Judgements. This may make it ddifficult for you to get credit.
      Date: 13 December 2010
      Signed: xxxxx (not kisses!)

      Comment


      • #4
        Re: Notice of Intention to Issue a Default Claim

        Update:

        Post has just been delivered and there's a letter from the guy doing the investigating for Swinton offering to to split the balance in half and accepting it as full and final settlement. Goes on to say that it's a gesture of goodwill and there is no admittance of liabilty on this offer.

        This means that she'd be paying around £200 more than she thought she should but they're writing off £550. I think that's a result!

        Comment


        • #5
          Re: Notice of Intention to Issue a Default Claim

          Hehehehe.
          Well that's slightly different anyway.

          So this is their attempt of an LBA is it. Well doesn't comply with Pre-action nor take into account the overriding objective and other parts of CPR.

          Is LFS part of Swinton or an external agent ?


          Additional: Better than nowt I suppose and if you are happy with their offer then go for it.
          Did you ever have notice that this account would be passed to them for action ??

          Comment


          • #6
            Re: Notice of Intention to Issue a Default Claim

            LBA - is that Letter before Action?

            She's happy with the offer and TBH I've got enough on my plate at the moment fighting my own debts.

            We're going to see if they'll let her pay in 3 instalments, though she'll find even that difficult but better than what they were after.

            LFS is "the debt enforcement division" of Swinton's. Their other letters have come with a PO Box address but this notice came from the same addresss as Swintons.

            I'm not sure if she had notice that it was going to be passed to them but I don't think that matters if she's prepared to accept their offer.
            Last edited by Pixiechick; 17th December 2010, 13:06:PM.

            Comment

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