Legality/enforceability of the various responses to a letter before claim

[Roger]

Thank you Roger I actually do have a diary but have ummed and aaahed about it for absolutely ages, without actually getting going, in fact you have replied to me on there, thanks for all your replies and patience, this letter might be the one that makes me get going.

I'll update the relevant diary entry anyway.

Is there much experience on the forum of handling these letters before claim and what tends to happen if you tick this box or that one?

Well the name that springs to mind is Di!
But quite simply lets marshal the information CCA, Current Creditor SAR (with Assignments, Notices etc..) PPI because all of this will enable a balanced review and judgment of this particular Debt.
The CCA whilst outstanding renders the debt UE so we take advantage of that to respond to the Letter Of Claim. The GDPR is 30 days not the 40 of the SAR. Di professional can be contacted (first contact is free) when you have marshalled the paper work! Should that be necessary.

[linnite]

Thank you Roger I actually do have a diary but have ummed and aaahed about it for absolutely ages, without actually getting going, in fact you have replied to me on there, thanks for all your replies and patience, this letter might be the one that makes me get going.

I'll update the relevant diary entry anyway.

Is there much experience on the forum of handling these letters before claim and what tends to happen if you tick this box or that one?

[Roger]

You haven't said who has sent you the Letter Before Claim was this Idem or their Solicitor?

It would help if you could set out the information in a Diary format.
Start here
https://www.all-about-debt.co.uk/for...3228#post43228

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

It seems you haven't sent (Recorded Delivery) for a CCA S77/78 costs a £1 (Postal Order) this needs to be sent to the Current Creditor (who is writing to you)
You state IDEM but this is a large group of Associated Companies can you be specific about who the Current Creditor is (it will be on the Notice of Assignment) mostly likely different from IDEM who are writing to you.

You will almost certainly need a SAR from Halifax which under the new GDPR rules is free.

What is important is the timing of submissions.
1/ The Letter Before Claim needs to be returned before the end of the 30 Days (from the date of the Letter)
2/ The CCA request needs to be sent first and then the Letter Before Claim - Stating outstanding S 77/78 request

3/ Ask for the SAR say couple of weeks after sending the S.77/78 that way the information will include any correspondence between IDEM and Halifax

There are many reasons for why a Debt is Unenforcible not just the CCA.

Was or is there any PPI on this Loan?
What was the purpose of the Loan ? to pay off existing borrowing? Or other reason.

[linnite]

Hi, I got a letter before claim a few days ago, this is in respect of an old 2006 debt (loan) but one where payments have been made until recently, I was on a DMP but decided to go it alone and then due to some financial pressure have missed payments. The debt was with Halifax but has been sold at least once and is with Idem.

My question is about how safe it is to tick box C. I have a suspicion they will have a correct CCA, I think this is a personal loan completed in-branch, but would prefer to test this out for enforceability, however if they do have the CCA I would want to move straight on to offering an arrangement to pay. I've no CCJ's at present and my most recent default is about 5 years ago and although my credit file perhaps looks a bit ropey with arrears at present, the lack of defaults hopefully means it could repair quite nicely with a more sensible spell and I don't want a CCJ to mess that up. If they do have the CCA, and for some reason their paperwork seems very confident in general, then I don't want to have provoked them into being as harsh as they can be. I'd want to be able to say 'OK, the game's up, I will cooperate' and us both to proceed nicely.

On the other hand, can I use the form to offer to pay but ALSO ask for the CCA, and then later tell them it's unenforceable and I'm not paying, or by ticking 'I owe this debt' am I creating a situation where they won't need the CCA, I just legally admitted I owe the debt?

Thanks,

-linnite