Wright hassall solicitors-help threat of court

[Nxc86]

Please don't judge me on this and I know some will think I'm cheeky but I have my personal reasons I don't really want to get in to. A few years back I had a credit card with vanquis. To cut a long story short I had paid for some stuff for my partner at the time and he was making the payments, we split up I couldn't afford the payments, vanquis were unhelpful and eventually closed the account and sent to debt collectors.
It has been pursued by a few and the last was Cabot who have now passed it to wright hassall solicitors. Today I received a letter from them asking me to make contact in 14 days or they will issue court proceedings against me. I haven't ackonwledged the debt once since it left vanquis which I believe to be around 2 years ago, I know the statuette is 6 years so probably not relevant.
Now the cheeky part, I have no intention of paying this if I can help it. I know I should and its in my name but out of principle I think well I didn't have the money and am also owed lots of money by this ex and unlikely to ever see it!What should my next steps be?

[Anthony72]

Re: Wright hassall solicitors-help threat of court

Hi
Its not been cheeky but sometimes you have to face facts and do damage limitation.

I believe the first thing to do is to send a CCA request to Cabot - if you haven't already and also a letter to the solicitors , I found this on another site

Re:
Account Number:

I acknowledge receipt of your letter dated 11 November 2015.

I confirm that at present I intend to defend any claim that may be issued in this matter.

I therefore request in accordance with the Pre –Action Protocol Practice Direction 1 6(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making:

1. Credit agreement
2. Deed of Assignment
3. Notice of Assignment
4. Default Notice
5. Termination Notice
6. Statement of Account

I look forward to receiving the documentation requested prior to a claim being issued in this matter.

Yours Faithfully

When was the account opened and how much are they saying you owe , I believe it might make a difference.
[MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=55034]nemesis45[/MENTION] might be able to help

[Diana M]

Re: Wright hassall solicitors-help threat of court

Cabot who have now passed it to wright hassall solicitors. Today I received a letter from them asking me to make contact in 14 days or they will issue court proceedings against me. I haven't ackonwledged the debt once since it left vanquis which I believe to be around 2 years ago, I know the statuette is 6 years so probably not relevant.
Now the cheeky part, I have no intention of paying this if I can help it. I know I should and its in my name but out of principle I think well I didn't have the money and am also owed lots of money by this ex and unlikely to ever see it

From your description of events it seems you've received a Letter Before Claim from a firm of solicitors. They've given you 14 days to respond or else they will issue legal proceedings in the county court. What's the date on their letter?

The account was in your name so sadly you will probably be legally responsible for the debt even if you aren't morally responsible for it.

It appears that this debt has now been sold to Cabot so as the previous poster said asking them (Cabot) to provide the credit agreement should be your next move. Make sure Wright Hassle know you've done that too. Send them a copy.

How much is the debt which may give you a guide as to what lies ahead?

And as has been asked, when was the account opened as that could make all the difference to your legal situation?

Di

[Nxc86]

Re: Wright hassall solicitors-help threat of court

From your description of events it seems you've received a Letter Before Claim from a firm of solicitors. They've given you 14 days to respond or else they will issue legal proceedings in the county court. What's the date on their letter?

The account was in your name so sadly you will probably be legally responsible for the debt even if you aren't morally responsible for it.

It appears that this debt has now been sold to Cabot so as the previous poster said asking them (Cabot) to provide the credit agreement should be your next move. Make sure Wright Hassle know you've done that too. Send them a copy.

How much is the debt which may give you a guide as to what lies ahead?

And as has been asked, when was the account opened as that could make all the difference to your legal situation?

Di

The letter arrived yesterday and the date on it is the 7th of this month.
I believe the account was opened in 2009, possibly 2010. The amount outstanding is 2834.24.
I know it's likely that I will be held responsible and have to pay the debt. As I said I would rather not but don't really need a ccj so if needs be then I'll have to.

[Nxc86]

Re: Wright hassall solicitors-help threat of court

From your description of events it seems you've received a Letter Before Claim from a firm of solicitors. They've given you 14 days to respond or else they will issue legal proceedings in the county court. What's the date on their letter?

The account was in your name so sadly you will probably be legally responsible for the debt even if you aren't morally responsible for it.

It appears that this debt has now been sold to Cabot so as the previous poster said asking them (Cabot) to provide the credit agreement should be your next move. Make sure Wright Hassle know you've done that too. Send them a copy.

How much is the debt which may give you a guide as to what lies ahead?

And as has been asked, when was the account opened as that could make all the difference to your legal situation?

Di

The letter arrived yesterday and the date on it is the 7th of this month.
I believe the account was opened in 2009, possibly 2010. The amount outstanding is 2834.24.
I know it's likely that I will be held responsible and have to pay the debt. As I said I would rather not but don't really need a ccj so if needs be then I'll have to.

[Nxc86]

Re: Wright hassall solicitors-help threat of court

I have double checked my credit file and says the account was opened in sept 2010.

[Diana M]

Re: Wright hassall solicitors-help threat of court

The letter arrived yesterday and the date on it is the 7th of this month.
I believe the account was opened in 2009, possibly 2010. The amount outstanding is 2834.24.
I know it's likely that I will be held responsible and have to pay the debt. As I said I would rather not but don't really need a ccj so if needs be then I'll have to.

Since the account was opened after April 2007 some of your legal arguments may be limited. But that doesn't mean that Vanquis and/or Cabot have got all their other statutory obligations and/or legal processes in good shape.

Was your ex an Additional Card Holder so you have some proof that he spent money on the card?

If so you may explore whether it's a good (or not) idea to join him into any future proceedings as a Part 20 Defendant. In simple terms it means the Claimant sues you and then you sue your ex all in one set of legal proceedings.

Here's a basic explanation from Google so not a recommended firm by me or the Beagles but it is spelt out in Plane English >

https://www.burges-salmon.com/news-a...it-has-to-pay/

Of course you'd need to know where to find your ex if you decide to go down that route. Sometimes a letter informing someone of your intentions can be enough to make them cough up

Sadly "It wasn't me it was him" is not a legal defence if the account was opened in your own name.

Di

[Nxc86]

Re: Wright hassall solicitors-help threat of court

He wasn't an additional card holder unfortunately. As for finding him and writing, I have no idea where he is and its in my best interest that it stays that way. With this in mind I am assuming the best way forward is to ask for the cca?

[Anthony72]

Re: Wright hassall solicitors-help threat of court

Hi
Whatever the situation is I think that you need to send the CCA request to Cabot and the letter that I posted above to the solicitors, as Diana M said, either send the solicitors a copy of the CCA request or add to the bottom of the letter, A S78 request was sent to your clients on xxxxxx

Do you still have any of the documents that Vanquis should have sent you such as the default notice?

[Nxc86]

Re: Wright hassall solicitors-help threat of court

I am going to have to dig through lots of old paperwork and see, I don't think I do. I managed to lose a whole box of paperwork in a move last November! Went down well with the tax office 😬 it's a possible though! Would that be of help to me in some way? Should I look for that before sending the cca? I'm guessing should make cca priority and look for the default notice once that's done or may it be of relevance in my letter to Cabot/Wright hassall?

[Anthony72]

Re: Wright hassall solicitors-help threat of court

Hi
Get the CCA off ASAP and also the letter as outlined above.

The reason I ask is that very often default notices are not set out as they should be however creditirs do not keep copies and may send you a reconstituted version. It is very hard to argue that the default notice is faulty if you do not have the original.

I remember seeing what Vanquis claimed to be a default notice but was so far from what is should have been it was laughable , that is the sort of thing they could use in court, should it get that far

[1PI1]

Re: Wright hassall solicitors-help threat of court

Does the new debt collector need to provide the deed of assignment.

Where debt is purchased, where it is in a ledger of many debts purchased by the debt collector, do they have a deed of assignment? if not then, is it true the debt collector has no legal standing on collecting any debt in court.
Do debt collectors send a copy of the deed of assignment when asked by the debtor, they will send you a notice of assignment but without a deed of assignment can they take you to court?
if they do take you to court, can you ask them to prove there is a deed of assignment prior to going to court ? as you will reply on this in your defence ?
What if the debt has been sold on many times do they need to show a chain of deed of assignments prior to them purchasing this debt.

A notice of assignment that is sent is normally sent in the same letter as the letter from the new debt collector. Can you check with the original lender and ask them to send you a copy of the notice of assignment? Reason I ask this is why would the new debt collector send you the notice of assignment from the original lender? What if the debt collector created this letter themselves, we should check yes? or No? You could ask just to make sure there is an assignment.

Also what is the CCA ? is this the application form you signed ? od is it the terms and conditions of the contract which may have been a different document? e.g. when applying for a mortgage, you fill in the mortgage application form or is it the terms and conditions that is sent to you. When you ask the debt collector to send you this information what do they need to send? the application form with your signature? the terms and conditions doc? or both?

Thanks

[MIKE770]

Re: Wright hassall solicitors-help threat of court

whoever owns the debt (purchased) send notice of Assignment only - never will you see confidential business deeds or entitled to.

[1PI1]

Re: Wright hassall solicitors-help threat of court

Thanks for your reply Mike770.

So how does one know what kind of assignment the DCA have? Is it one which gives them full rights on the debt for them to make a claim against you in court?

How can we ascertain that an assignment of deeds exist?

Can I send a SAR request to the current and previous owner of the debt asking for details of notice and deed of assignment?

[Anthony72]

Re: Wright hassall solicitors-help threat of court

Usually if a debt collector will tell you if they are collecting for themselves or for a client, they will usually name the client and that will tell you who owns the debt - generally

To confuse the issue , many debt purchasers also own debt collecting agencies so they will buy the debt and get the DCA to collect , the DCA may also collect on behalf of the original creditor

You should have received a notice of assignment that tells you what is happening and what rights and duties belong to whom

Occasionally you will get debt purchasers who say while they own the debt they do not have the duties of the creditor such as responding to a cca request I think arrow global do this as a matter of course however Jones v Link Financial is a ruling that says otherwise. I found this out when reading a link to a blog by Paul Tilley who seems to be somewhat of an expert that I found when reading another website.

- - - Updated - - -

Thanks for your reply Mike770.

So how does one know what kind of assignment the DCA have? Is it one which gives them full rights on the debt for them to make a claim against you in court?

How can we ascertain that an assignment of deeds exist?

Can I send a SAR request to the current and previous owner of the debt asking for details of notice and deed of assignment?

Who is writing to you and have you had a notice of assignment?