14 day notice from solicitors received.

[M1970]

Hello everyone

During 2008 onwards I hit on hard times and saw a complete reversal of my income. I work in financial services and I have all but been wiped out by the downturn.

I fell into arrears with my mortgage. I am overpaying now to catch up but still owe thousands in mortgage arrears.

I entered into a number of token payment agreements with creditors, all but one of which have been great in terms of their assistance with this.

I have not missed a single payment on any of the token arrangements.

One of the credit cards was passed to a DCA who have been really aggressive and have hounded me from day one to increase the payment.

I have now received a letter from a solicitor firm saying they are proceeding with court action and will be obtaining a CCJ, they also wish to apply for a charging order on my home.

I dont have £13,000 to pay in full, they did previously offer a final settlement of around 50% but I couldnt get the money and what I offered they refused to accept.

The problem I have is that if I get a CCJ I will probably have some explaing to do with the FSA which is a territory I dont want to go down, there is a chance I will get struck off.

What are my options please?
:tinysmile_cry_t:

[Inca]

Re: 14 day notice from solicitors received.

BUMP

[miliitant]

Re: 14 day notice from solicitors received.

first question who is the dca and solicitors. this smells of capquest and hl legal, or even the leeds loosers

[teaboy2]

Re: 14 day notice from solicitors received.

The fact they previously offered you 50% off says to me they have an unenforceable debt - As Militant asked, whos the DCA and solicirot and what is the original Debt for, loan, credit card?

[Nikolai]

Re: 14 day notice from solicitors received.

Agreed. Who are the solicitors and DCA? Then we can get somewhere.

[M1970]

Re: 14 day notice from solicitors received.

Direct Legal Collections and their solicitors are Aplins.

[M1970]

Re: 14 day notice from solicitors received.

another thing, the original credit card company were really helpful but they were also really quick to off load it to the DCA. I kept in touch with them in the early days and just before they sent it off they rang me to say they would accept 3k when I owed 13k.

You have to appreciate at the time I was loosing £20k a month as my mortgage broking and estate agency businesses approached the event horizon, so no way of raising that then.

How does the DCA work? they say they now own the debt, they bought it from the credit card company. Did they actually part money for it? its seems an odd way to do business. Or will they just split whatever they get with the original creditor?

[miliitant]

Re: 14 day notice from solicitors received.

give me an hour as i am having major computer problems at the moment

[fluffystuff]

Re: 14 day notice from solicitors received.

Direct Legal Collections and their solicitors are Aplins.

I am having to deal with these people at the moment!

Have a look at my thread if you have not already done so. (Hillesden Securities (ex-MBNA) court claim.)

Just a word of caution.
Aplins first contacted us in June 2010, asked them to go away or prove the debt. Had no response. Fast forward to May this year when we received their 14 day letter, sent reply referring to earlier correspondence, again no response from them. Identical letter received last month, again asked them to prove debt, no response.
Then this weekend we receive a court claim!

[M1970]

Re: 14 day notice from solicitors received.

I cant find your thread fluffy.

[fluffystuff]

Re: 14 day notice from solicitors received.

Sorry, my mistake. You need to be a VIP member to view. Just go to the VIP section of the forum, click on the link to upgrade.

[M1970]

Re: 14 day notice from solicitors received.

OK thanks for that I have now read your thread and will follow.

One thing that has occured to me is that the original DN I received from the cc company was dated 8th march 2010 and the letter confirming the debt had been sold to DLC was dated the 16th March.

The DN notice gave me until 25th March to clear the arrears. The hello letter from DLC is dated the 22nd March 2010.

[fluffystuff]

Re: 14 day notice from solicitors received.

Identical scenario then!

Guess you could try writing to Aplins in the hope they realise that court action would very probably be futile but as you now know, we tried that and got nowhere!

Get a few other opinions first. Good luck anyway. X

[M1970]

Re: 14 day notice from solicitors received.

all opinions welcome.

[M1970]

Re: 14 day notice from solicitors received.

I received a Claim Form from the court today, can someone help me with a CP31.14 letter please?

Particulars of claim are:-

The Claiments Claim is in respect of a credit card facility, xxxx, provided by MBNA at the Defendant's request on 25/01/2008. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On 18/03/2010, all legal and beneficial interest for the money was assigned to Hillesden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of 13,xxx was due. The balance of 13,xxx remains owing from the defendant.

Will this be ok:-

Dear Sir,
Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request
On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was not satisfied.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The assignment
3 The default notice
4 The termination notice

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
Yours faithfully



Does this make sense?, have I got the wording right?

Thanks M.