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Hello everyone,
I've recently joined and have been looking round the site trying to glean information which might help with my situation. Letters I have received are similar to those mentioned in a post by Jules1707 but am not sure where to post, whether new thread should be started etc. Please forgive my lack of familiarity with forums such as this, not v technological, I'm afraid.
As brief background, I was forced to default on several credit cards and a bank overdraft due to worsening health. This has continued to decline and am not able to pay. At various times I have had threatening letters from different agents/assignees but no legal action perhaps because they could see from my circumstances that I could not pay. No payments have been made since my initial offers of £10 a month were refused. Most of these should become statute barred at the end of this year.
My immediate concern is how to deal with letters from Capquest which they started to send me in March. They began by saying they had purchased a credit card debt from Lloyds last year and seeking to arrange for me to pay. They followed this up with other letters and 3/5 phone calls a day. I have made no response to these. The amount claimed as owed was £7,000+. I did have a credit card with Lloyds TSB but the amount defaulted on was £6,000+. I should add also that this card was originally taken out a long time ago, I think in the 1980s.
Their latest letter was received a few days ago and is headed 'Letter of claim under the Practice Directions-Pre Action Conduct' but I am unsure whether it is an actual lba. They say the account is being 'considered for legal action' and pre-action checks 'may result in a/c being sent to our solicitors for claim .. in County Court'. They are also 'allowing 14 days to contact us'.
I am unsure whether to wait for solicitor's letter or pre-empt with CCA request. I understand that I could also ask for evidence of assignment. I would very much appreciate any advice as to the best course of action. If possible I would like to make it unenforceable until it becomes statute barred.
Thanks in advance for any advice.
I've recently joined and have been looking round the site trying to glean information which might help with my situation. Letters I have received are similar to those mentioned in a post by Jules1707 but am not sure where to post, whether new thread should be started etc. Please forgive my lack of familiarity with forums such as this, not v technological, I'm afraid.
As brief background, I was forced to default on several credit cards and a bank overdraft due to worsening health. This has continued to decline and am not able to pay. At various times I have had threatening letters from different agents/assignees but no legal action perhaps because they could see from my circumstances that I could not pay. No payments have been made since my initial offers of £10 a month were refused. Most of these should become statute barred at the end of this year.
My immediate concern is how to deal with letters from Capquest which they started to send me in March. They began by saying they had purchased a credit card debt from Lloyds last year and seeking to arrange for me to pay. They followed this up with other letters and 3/5 phone calls a day. I have made no response to these. The amount claimed as owed was £7,000+. I did have a credit card with Lloyds TSB but the amount defaulted on was £6,000+. I should add also that this card was originally taken out a long time ago, I think in the 1980s.
Their latest letter was received a few days ago and is headed 'Letter of claim under the Practice Directions-Pre Action Conduct' but I am unsure whether it is an actual lba. They say the account is being 'considered for legal action' and pre-action checks 'may result in a/c being sent to our solicitors for claim .. in County Court'. They are also 'allowing 14 days to contact us'.
I am unsure whether to wait for solicitor's letter or pre-empt with CCA request. I understand that I could also ask for evidence of assignment. I would very much appreciate any advice as to the best course of action. If possible I would like to make it unenforceable until it becomes statute barred.
Thanks in advance for any advice.
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