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  • #1

    Solictors Letters

    Hello,

    Hope someone can please give some advice. I have received several solicitors letters, from a few weeks ago. Regarding a credit card account, previously sold to a debt collector. I've been away, so just gotten the mail.

    I had previously, over a period of years, tried to get a copy of the CCA for the account. The debt collector sent a copy of an application, and letters were exchanged asking for the actual CCA, to which they insisted this was correct etc.

    I think I am right in thinking, from last time, I should send a fresh CCA straight away to the solicitors?

    They say the client has instructed court action, in their letter, if they didn't hear from me, and they didn't as I've just opened the letter today. Could they have gone to court without me knowing, so far, or would I be right in thinking I would have gotten documents if they had tried to get a judgment? (I'm really not sure about these things or what to expect).

    Should I send anything as well to the debt collector company, reiterating it is in dispute because they haven't sent a CCA? Or do they get a fresh CCA or nothing?

    Thanks very much, not really certain what I should be doing now, as soon as I see one of these letters the stress starts and I panic. But, since my circumstances are not what they were all the years ago when I had the card, there is no chance of me being able to make payment, even for this, relatively small, account. I was on token payments for years, until the CCA requests.

    Thanks again.
    Tags: account, action, advice, apr, arrangement, arrears, cabot, card, cca, cca request, cca?, claim, consumer, court, credit, credit card, date, dca, deadline, debt, default, help, letter, letters, loan, paid, panic, payments, size, small, solicitors, template, templates, thank you, unenforceability
  • #2
    Re: Solictors Letters

    Ok first thing to do. Is send a fresh CCA to the DCA and a letter to the solicitor refering them to your request. That will cover you for now, should they issue a claim. Could you let us know a bit more about the debt. Date you last paid. Who owns it. When it was taken out etc.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Solictors Letters

      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)



      If you could set it out like this ^^^^^^ it would help...
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Solictors Letters

        Originally posted by tryingto View Post
        I have received several solicitors letters, from a few weeks ago. . . . . They say the client has instructed court action, in their letter, if they didn't hear from me, and they didn't as I've just opened the letter today. Could they have gone to court without me knowing, so far, or would I be right in thinking I would have gotten documents if they had tried to get a judgment?
        What is the date on the most recent solicitor's letter and is there a deadline given before they will issue proceedings?

        If you've not received a summons through the post then it's unlikely they will have gone to court and got a judgement without you knowing because you'd have received a copy of the judgement in the post if that was the case.

        Who are the solicitors because some have more morals than others (not many sadly)?

        It seems time may be against you so may I suggest with the greatest of respect that you reply to this thread as a matter or urgency. We'll help you take it from there so no need to panic even if a summons plops on your mat. Just don't go into hiding in the meantime

        Comment

        • #5
          Re: Solictors Letters

          Thank you. Just to check, should I sent a CCA request to the solicitor too? I only ask as I previously had a letter from a solicitor for a different account, last year, and I had to send an actual CCA to them, I think, like you say, to cover me.
          Will fill in the details requested below. Thank you.

          Comment

          • #6
            Re: Solictors Letters

            Date commenced (ideally before Apr 2007) - 2004


            Approx balance - £900


            Date last paid (approximate date you last made a FULL payment)- Full payment, 2004, I believe, I stopped token payments in 2010.


            Are you on arrangement or not paying - Not paying. Stopped token payments in 2010, pursuing unenforceability. The debt collector eventually sent a copy application, some of which was illegible. Asked for legible copy, they didn't send. They kept writing, I kept replying, and they ultimately said, as far as they were concerned it was enforceable.


            Status (default/in arrears/up-to-date) - Defaulted in 2005.


            Account owner (who is writing to you, a DCA or the lender)It was sold to Cabot several years ago, was with Clydesdale. So Cabot have said they have referred it onto the solicitor to act on their behalf. So Cabot still own.

            Comment

            • #7
              Re: Solictors Letters

              The most recent date is 28 April, and there was a 14 day deadline. It doesn't say notice of action, not sure if it needs to right enough, I just noticed that term on a couple of threads. But it does say to treat the letter as notice that unless an agreement is reached within 14 days they are instructed by their client to commence court proceedings for recovery of the sum outstanding.

              Then it makes mention of if a decree is obtained, basically the consequences in terms of property. I have no assets of any kind.
              though, including a property.

              The company is Cabot, and the solicitor is called ShooSmiths. My last contact with Cabot was a couple of years ago, just reiterating the account was in dispute because of the CCA.

              Okay, thanks very much. It does tend to make me panic, but I will definitely not stick my head in the sand. Really appreciate your help. If I have missed anything or you need any more info, please just let me know and i will come straight back.

              Thank you.
              Last edited by tryingto; 6 June 2014, 21:30.

              Comment

              • #8
                Re: Solictors Letters

                Others will help you with the rest, but in regards to the CCA Request, I would send it to Cabot, recorded delivery, include a £1 postal order, or cheque if you cant get to the post office asap.

                For Shoosmiths, just send them a copy of the request letter, and a cover note saying please find enclosed a letter sent to your client today, I would be grateful if you could allow your client to fullfill my request before taking further action, as so I can ascertain my position effectively.

                Something along those lines.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Solictors Letters

                  Okay, thanks very much. I will do that tomorrow. Cabot have had a CCA sent by recorded delivery, plus there have been lots of letters back and forward over the years (all sent recorded delivery. I will get another sent tomorrow. Thank you.

                  Comment

                  • #10
                    Re: Solictors Letters

                    I'm just checking my letters, in case it is in any way relevant. I sent Cabot the Dispute letter in 2010. I copied and pasted the first part of it, just so you know what has been sent.

                    The documents I received appear to be an illegible photocopy of a credit card application and a separate copy of the current terms and agreement. The prescribed terms as required by section 60(1) Consumer Credit Act 1974, are not at all visible and therefore the documents provided do not constitute a ‘true copy’.

                    You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I made a formal request for a true signed agreement for the alleged account under the Consumer Credit Act 1974 (s.77-s.79).

                    Just working on the CCA letter to go to them again tomorrow, now.

                    Comment

                    • #11
                      Re: Solictors Letters

                      I can't seem to access the template letters, I'm not sure if you have get approval to access them now. I have one of the old ones, I just thought I better double check before I send it, in case anything has been updated. Do you send a message to the site request a template letter now?

                      Thank you very much.

                      Comment

                      • #12
                        Re: Solictors Letters

                        Originally posted by tryingto View Post
                        I can't seem to access the template letters, I'm not sure if you have get approval to access them now. I have one of the old ones, I just thought I better double check before I send it, in case anything has been updated. Do you send a message to the site request a template letter now?

                        Thank you very much.

                        Here----> Accessing Our New Templates

                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #13
                          Re: Solictors Letters

                          Good morning. As you have received a RD CCA from Cabot I would send the LBA letter just to cover yourself; this could be a LBA.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Solictors Letters

                            Hi,

                            Thanks. So is that a CCA to Cabot and a letter before action?

                            Comment

                            • #15
                              Re: Solictors Letters

                              Originally posted by tryingto View Post
                              is that a CCA to Cabot and a letter before action?
                              Yes, because they have two different purposes with a common goal. It's a belts and braces exercise in case Shoosmiths solicitors issue proceedings as threatened in their 28th April letter. They can't enforce the debt in court while the s.78 CCA request is outstanding but that won't necessarily stop them issuing a summons hence the LBA letter gets sent too.

                              Comment

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