Help! Letter before action from Drydensfairfax Sols

[Never-In-Doubt]

Re: Help! Letter before action from Drydensfairfax Sols

I've text Andrew to pop in

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

I received a letter to say there was a defat notice attatched, but the notice wasting with it. I can scan the letter that came. Also when opus took over from Citi card, they changed the account number and their paperwork was terrible. The sold my account without sending a termination of account letter and Cabot who bought it have been charging me 12% interest since.

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

I've text Andrew to pop in

Thanks Niddy

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Have you received a default notice...if you have can you scan and post it minus your personal details

Right, I've taken a photo with my iphone of the letter I received that says there is a default notice attatched(but there wasn't !), how do I send it too you ?

[Never-In-Doubt]

Re: Help! Letter before action from Drydensfairfax Sols

Email it me please.

[ATW]

Re: Help! Letter before action from Drydensfairfax Sols

Is this ok?

Dear Sirs,

Thank you for your letter of the ………………….

Your letter refers to the Civil Procedure Rules. And the Practice Direction for Pre-Action Conduct. That practice direction dictates that you should send documents to me that your client intends to rely on in pursuit of this claim. You have not yet sent them. Sending the documents will enable me to see the case brought against me and will allow us narrow the issues if there is any dispute regarding this claim. Without those documents it will not be possible for that process to take place.

To comply with the practice Direction that you referred to please send me the following documents:

1. A copy of the credit agreement.
2. A copy of the terms & conditions that were in force when the agreement was executed.
3. A copy of the current terms & conditions for the agreement.
4. A copy of the default notice.
5. A copy of the notice of assignment.
Once you have sent those to me I will be able to reply in detail to your clients claim. Without those documents it will be difficult for me to give a meaningful reply. Documents 1-3 have also been requested by me via s78 Consumer Credit Act 1974 and I believe that whilst that request is outstanding the agreement cannot be enforced.

If a claim is issued against me without first sending me the documents I have requested I will refer to this letter in my defence to show unreasonable conduct by your client and a failure by it to follow the pre-action practice direction. Your client will not in those circumstances be able to state on the Claim Form that the practice direction was complied with. I may also in those circumstances make an application for a strike out/unless order.

Yours faithfully,

[Deepie]

Re: Help! Letter before action from Drydensfairfax Sols

Right, I've taken a photo with my iphone of the letter I received that says there is a default notice attatched(but there wasn't !), how do I send it too you ?

Email it me please.

Here---> webmaster@all-about-debt.co.uk

[mystery1]

Re: Help! Letter before action from Drydensfairfax Sols

Documents 1-3 have also been requested by me via s78 Consumer Credit Act 1974 and I believe that whilst that request is outstanding the agreement cannot be enforced.

That is not overdue yet.

M1

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Email it me please.

I've emailed it

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Is this ok?

Dear Sirs,

Thank you for your letter of the ………………….

Your letter refers to the Civil Procedure Rules. And the Practice Direction for Pre-Action Conduct. That practice direction dictates that you should send documents to me that your client intends to rely on in pursuit of this claim. You have not yet sent them. Sending the documents will enable me to see the case brought against me and will allow us narrow the issues if there is any dispute regarding this claim. Without those documents it will not be possible for that process to take place.

To comply with the practice Direction that you referred to please send me the following documents:

1. A copy of the credit agreement.
2. A copy of the terms & conditions that were in force when the agreement was executed.
3. A copy of the current terms & conditions for the agreement.
4. A copy of the default notice.
5. A copy of the notice of assignment.
Once you have sent those to me I will be able to reply in detail to your clients claim. Without those documents it will be difficult for me to give a meaningful reply. Documents 1-3 have also been requested by me via s78 Consumer Credit Act 1974 and I believe that whilst that request is outstanding the agreement cannot be enforced.

If a claim is issued against me without first sending me the documents I have requested I will refer to this letter in my defence to show unreasonable conduct by your client and a failure by it to follow the pre-action practice direction. Your client will not in those circumstances be able to state on the Claim Form that the practice direction was complied with. I may also in those circumstances make an application for a strike out/unless order.

Yours faithfully,

That's fantastic, thank you ATW

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Here---> webmaster@all-about-debt.co.uk

Thank you Deepie

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

That is not overdue yet.

M1

Should I leave this paragraph out ?

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Should I put today's date on the letter ? or leave it as thank you for your letter dated 13th March ?

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Well, it's going off in the post now, thank you

[ATW]

Re: Help! Letter before action from Drydensfairfax Sols

Should I leave this paragraph out ?

No. Leave it in. Its up to them to argue that its not past its due date yet. By the time they have argued that it will overdue!!!