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Hello everyone,
It been a long time since i posted on here 80% of all my debts have went quite after asking for paperwork etc. But this bunch of chancers 1st credit are like a dog with a bone. Unfortunately I am not as organised with the overdraft debt as its been 2 years and never heard a word except a few DCA chancing their arms and moving on.
But 1st credit have passed it onto YUILL + KYLE so need some advice should point out i am in Scotland so not sure if the template is valid.
I originally opened the account with the leeds building society which was sold to bank of Scotland which was then changed to halifax. So the original account is over 40 years old and the overdraft I have absolutely no idea when that appeared certainly over 10 years ago.
So my question is, what can I do, i know there is no default notice as such but what documents do they need to prove the debt is mine.
Surely they have to produce the original agreement with my signature ! I can be pretty positive any signed paperwork is long lost in the transfers. In the mean time I am sending off this to YUILL + KYLE.
Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated XXXXXX 2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.
Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
I require copies of the following:
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely,
I have also sent a THIRD request for proof of debt to 1st credit they have ignored the first 2, I sent them using their prepaid envelopes so no proof. I have sent both these letters by recorded delivery yesterday .
Any advice would be welcome.
Thanks
It been a long time since i posted on here 80% of all my debts have went quite after asking for paperwork etc. But this bunch of chancers 1st credit are like a dog with a bone. Unfortunately I am not as organised with the overdraft debt as its been 2 years and never heard a word except a few DCA chancing their arms and moving on.
But 1st credit have passed it onto YUILL + KYLE so need some advice should point out i am in Scotland so not sure if the template is valid.
I originally opened the account with the leeds building society which was sold to bank of Scotland which was then changed to halifax. So the original account is over 40 years old and the overdraft I have absolutely no idea when that appeared certainly over 10 years ago.
So my question is, what can I do, i know there is no default notice as such but what documents do they need to prove the debt is mine.
Surely they have to produce the original agreement with my signature ! I can be pretty positive any signed paperwork is long lost in the transfers. In the mean time I am sending off this to YUILL + KYLE.
Dear Sirs,
Ref: xxxxxxxx
Thank you for your letter dated XXXXXX 2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.
Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.
Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
I require copies of the following:
- The original account agreement;
- The Default Notice;
- The Termination Notice;
- The Notice of Assignment;
- Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours sincerely,
I have also sent a THIRD request for proof of debt to 1st credit they have ignored the first 2, I sent them using their prepaid envelopes so no proof. I have sent both these letters by recorded delivery yesterday .
Any advice would be welcome.
Thanks
It's best to wait and see what they come up with and, if necessary, you may want to enter into a Tomlin order to avoid a CCJ. A Tomlin stays proceedings as long as you keep to the terms of the order, which would relate to an affordable monthly instalment. That way you'd have no CCJ on record. :thumb:
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