please help

**MIKE770** · 26th August 2017, 20:09:PM

Re: please help

[MENTION=87380]Diana M[/MENTION]

**charitynjw** · 26th August 2017, 20:30:PM

Re: please help

Hi wild

.....so I sent them a letter before action....

What was this letter, a CCA s78 request (+ £1 fee)?
If not have you ever sent one to the debt purchase company?

**MIKE770** · 26th August 2017, 20:54:PM

Re: please help

CCA Request Letter

**wild** · 26th August 2017, 23:20:PM

Re: please help

this is what a friend advised me to send don't know the jargon but he said it was because of there letter stating letter before action

SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Pre Action Conduct - Request for Information

With regard to your letter dated xxxxx 2015, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim Until said documentation is received.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients 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.

I look forward to your response in due course.

Yours faithfully

**charitynjw** · 27th August 2017, 07:26:AM

Re: please help

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

You would need to include the statutory £1 fee with this & if it were me I'd add a bit to the sentence to reflect that the fee was enclosed.

Get proof of posting.

**wild** · 27th August 2017, 09:02:AM

Re: please help

I'm so confused at what I need to do

do I resend this because they are saying I did it online in 2005 with a tick box for signature that was with egg not had any other from Barclaycard who bought out egg and then they transferred it to asset link no5 limited

sorry if I sound thick but I'm so confused and worried that I'm not sure how to go on as I have only dealt with there solicitor and it took them 8 months to send me what they have

1. copy executed credit agreement
2.copy of original terms and conditions (reconstituted customer copy agreement)
3.copy of default notice
4.copy assignment
5.copy of monthly payments
the default was in 2011
and 4 so called statements in 2012

not sure what to do as there seems to be 3 involved link financial Kearns and asset link capital (no5) limited who purchased it
would I be better joining VIP as I'm out of depth at the moment and they have stated full payment in 21 days

**charitynjw** · 27th August 2017, 09:17:AM

Re: please help

and they have stated full payment in 21 days

Or what?

If you've already sent that letter (post #5), that's fine (even though it is via GOODF........tripartite novation??

)

Just send the CCA request (see @MIKE770's link, post #4) with £1 fee to the company to whom the debt is currently assigned.

& get proof of posting.

The reason being that if they have not fully complied with a properly submitted CCA request, they are barred by legislation from enforcing the agreement unless/until they do so comply.
Atm your legal position is not protected in the same way.

**wild** · 27th August 2017, 11:08:AM

Re: please help

thank you very much didn't know were the letter came from as he emailed it to me

I will send a cca request to asset link
thank you for your support and knowledge you are very kind to go out of your way to help

going through cancer treatment and I'm having problems thinking straight and your help is so much appreciated for your kindness and to put up
with someone who has no idea

many thanks as it does help people like me

**charitynjw** · 27th August 2017, 11:15:AM

Re: please help

No probs.

It would also be wise to SAR B/card for all details held.
http://legalbeagles.info/library/gui...ccess-request/

**wild** · 23rd October 2017, 19:15:PM

Re: please help

sent a cca on the 4th October signed for but have not received any paperwork from them
its been over the 12 working days
any thoughts on what I should do now

please help

please help

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