Solicitors letter requesting a signed copy of CCA

[maxwin]

Hi All,

I am new to the forum and glad to see that NIDDY has started this new website.
I will try and sum this up as briefly as i can.
I originally received a letter from a solicitors in June this year regarding a debt which is now over 6 years old and to which i was paying a token payment of £1 per month to Wescott.( after losing my job)
They said in their letter that they wanted full payment of the debt ( 14k ) or they would issue legal proceedings.
I then sent them a CCA request to which they replied that they could not deal with it and i would have to send it to the original creditor. I followed your guidance on the templates you posted on the money saving expert website ( to which i must thank you as it really put my mind to rest at the time) and sent them another letter requesting that they deal with it.
I then sent the follow up letter requesting a copy of the CCA.
They then replied saying that they needed a signature in order to comply with my request.
The original creditor also sent me a letter saying that they would need my signature before they could send the CCA.
It seemed to me that they didnt actually have a genuine agreement and that they were just delaying so i sent them a final letter which combined the template stating that there was no requirement to provide a signature along with the cease and desist template putting the account into default and therefore unenforceable.
They sent me a further letter saying it was their clients policy not to comply unless a signature was provided ( so that they could make a comparison with any other document held?) and that they would commence with legal proceedings unless they heard by 12th November.
I did not reply to that letter as I felt i had made my position clear that if they wanted to commence legal proceedings they could.
I have just received a letter stating " With regard to the above matter we confirm that as we have not received a response to our letter we are commencing with legal proceedings on behalf of our client.
You are required to complete and return the legal proceedings that will be served on you in due course."
I wouldn't be surprised if they served papers on me on christmas eve as they are like a shoal of sharks.
they have threatened legal proceedings four times now.
I have clearly stated that the account is in dispute so i cant see what else I can tell them.....I have also stated that any legal action that they pursue will be averred as both unlawful vexatious and that i will counter claim that any such action constitutes unlawful harrassment.
Do you think i should write back to them or just wait to see what they do.
Another option might be to just send another CCA request with a squiggle for a signature & see what they come back with??

Sorry the post is as long winded as this but any help is greatly appreciated.

maxwin

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Hiya

Nice to see you again :hello

Ok, this is relatively simple to defend if it did get to court but at the moment respond with this and send it special delivery - yes I know it costs more but you need to get them to sit up and listen to you before things get out of hand ---> viewtopic.php?p=2319#p2319

You need to make a few more posts before being allowed access to the templates (i.e. my link above) so just reply here a couple of times yea?

Regards to the lack of CCA, they should have responded - so long as you have proof that you tried to obtain it you'll be ok. Have a read of similar defences by reading other cases in this thread - it'll help you out should court papers arrive. If they do, don't panic contact us here prior to doing anything..... I would hope the response above will make them reconsider their approach....

Best of luck - get that template sent asap! mile

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Thanks NIDDY,

I'll get that letter off to the sharks straightaway.....

Just a clarification though, the letter ends as follows:
"I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course."
should i not be telling them what an acceptable solution would be ( i.e. closing the account or them desisting from continuing to harrass me?)
I've got a funny feeling they are just going to write back saying that i have still not signed the CCA request!
That seems to be their tactic all the way through regardless of what I send them.

Thanks again, I will keep everybody posted.....

maxwin

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

Hiya

Yea you can edit any templatre you want to......

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA -conti

Hi All,

I sent the letter Niddy recommended off on the 22nd and the solicitors have responded straightaway.
they sent the following letter which arrived today:

RE: The royal bank of scotland t/a direct line financial services

" We write in connection to the above and further to your unsigned letter dated the 21st November 2010.
We wrote to you on the 26th October 2010 (copy emclosed) requesting that you provide a copy of your signed S77 - S79 request no later than the 12th november for our client to ascertain your identity. Upon receipt of this our clients would be able to proceed with your S77 - 79 request.
As the above information was not provided, we proceed to issue as County Court Claim as advised. ( their typo)
Therefore you are at liberty to complete and return the County Court claim form with the appropriate response no later than the 13th December 2010."
Yours faithfully
Squiggle

BUT GUESS WHAT.... there are no papers enclosed other than the copy letter they refer to above!
I don't know what they're playing at.....Have they somehow issued the papers by default so that i can't reply & defend it?
Also has the law changed whereby you are now obliged to sign every letter ( especially a S77 - S79 request?)
Can anybody please advise.......

[MrsD]

Re: Solicitors letter requesting a signed copy of CCA

Hi Maxwin

No law change that I've heard of. Just sit tight for the moment and Niddy will be on.
Try not to worry they are just utter muppets!!!

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Hey evenlessdopey, you've made me smile for the first time today........
wish i knew how to put a big smiley face on here!

[MrsD]

Re: Solicitors letter requesting a signed copy of CCA

I do my best!!!
If you go to full editor instead of submit, you'll get loads of very effective smileys to play with, have fun!

[roomtobreathe]

Re: Solicitors letter requesting a signed copy of CCA

I have a feeling that they have just made a very big mistake with what they have sent you. Will be interesting to see what Niddy makes of this.

[Never-In-Doubt]

Re: Solicitors letter requesting a signed copy of CCA

I'll do a niddy special tmw. The court papers would come via the court - NOT the lawyer. So they may have started the process and the court papers are en route? I dunno. I'll sort a suitable response for u tmw though. Sit tight & don't worry

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

Hi all,

ya

Received the court papers today from Northampton.
I have now read all about defending a court action and notice that there is an acknowledgement of service sheet in with the papers.
I still can't understand what they're playing at as they have not responded to my CCA requests ( only to say that they need a signature) albeit they have sent the court papers to me even though it might not be me?????? doesn't make sense does it......
I would really appreciate your help now Niddy as to the best way forward in compiling a defense.

[billypre]

Re: Solicitors letter requesting a signed copy of CCA

GL Maxwin, you are in the best hands possible here. In my simple knowledge i have no idea what they are playing at if they have blatantly refused your CCA request. How can you defend it if they wont send you the CCA ? Defo sounds like they dont have it and are needing your sig to try reconstitute one.

This looks right up Nidsters street !!!!

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

I think you're right, they are after a signature. The original agreement dates back to 2003.
Am i correct in thinking that the first stage is to file the Acknowledgment of service ( AOS) then put the defence in later.
The problem i've got is that the AOS requires a signature on the form, and even though it goes back to the c/court what's stopping the solicitors from eventually getting hold of it? ( i know some people think that they can trust solicitors but i really do think that they would use any trick they can where money is concerned)
A way around the signature thing maybe to get a " litigation friend" to sign perhaps....
I'm assuming here that I can go online via www.moneyclaim.gov.uk and file the AOS there?
That will give me some time to think.
When i do put the defence in do i need to make a counter claim ( which the form is asking for) or can i just dispute it without making a counterclaim?
Also on the AOS, what does box 3 mean " I intend to contest Jurisdiction?"

Can anyone advise on these?

[maxwin]

Re: Solicitors letter requesting a signed copy of CCA

ya
Hi all, Thanks for the words of encouragement, it does help to know you're not on your own.
For solicitors i should have said DEBT COLLECTION AGENCIES because thats what they are, because there are lots of good genuine solicitors out there i know. These idiots just prey on people. Originally i did try and sort the debt out with the Royal Bank of Scotland when i lost my job and they just treated me with contempt. I ended up with Clinical Depression, but now i'm back on track .
I understand that Niddy has put a lot of work into the advice posted on this site so i've now trawled the info and i'm a lot wiser. The DCA's know its all about having the time to get things together, so i'm just going to have to stay up later and get less sleep
Found out today that you can't use money claim online if the papers are issued by the DCA's local county court, the AOS has got to be a paper return to their local CC ;D
I do need an answer to the following though if anyone can help ( i know you're busy redeveloping the website Niddy but if you could give me a few quick hits i'd be eternally grateful.
1) On the AOS what does " i intend to contest jurisdiction" mean? do i tick this box as well as " i intend to defend all of the claim"
2) Should I send off both a CPR 31.14 and a CPR 18 to the RBS? ( no doubt the bank will probably write back and say they need a SIGNED request again!)

Going forward
3) When i defend the action should I make a counterclaim or should I just leave section 4 blank?
4) Are there any sample defenses i could take a look at that anybody knows of?

Just on the etiquette side am I best starting new threads or should i just continue with this one.....

Hopefully as i learn more i'll be able to come out the other side of this okay and be able to help other people who are in the same boat, but at the moment its a bit daunting

[MrsD]

Re: Solicitors letter requesting a signed copy of CCA

your worrying again Maxwin!!!

chill and Niddy will get to you