Lovemoney UE Diary

[Lovemoney]

Re: Need Advice

UPDATE...
23/4/2016
Letter from Robinson..overdue amount remains unpaid despite previous letters & calls. Your a/c now due to be tranferred to Howard Cohen & Co Solicitors in the next 10 days, will consider court action.If court action is taken solicitors will ask the court for an order adding legal costs & interest to the amount you owe will be increased. If you would rather agree an affordable repayment plan directly with us prevent this a/c being passed to Solicitors or you believe have a valid dispute relating to this account pls contact us without delay.

UPDATE...
14/5/2016
Letter from Howard Cohen Solicitors..We've been requested by our client's agent Robinson regarding the above outstanding debt. Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we're instructed to issue proceedings in the CC with a view to obtaining a CCJ against you. If we issue proceedings shall ask the Court for an order adding additional costs as follows: Court Fees: £410 Costs: £100 Interest: £1623.23 costs are only estimates & will be calculated on the amount you owe at the time a CC Claim is issued against you. If you do not settle the Claim shortly after Issue & the matter progresses through the Court process, there may still be further costs to be added in relation to Court Fees, costs & interest.Certain procedural rules govern claims in the CC. A failure to follow those rules may result in the Court imposing sanctions for non-compliance. If you're unable to pay the full balance with 10 days, pls contact our client's agentRobinson immeditately on XXXXX to discuss an affordable payment arrangement. If you are unable to pay this A/c you must still contact Robinson to discuss yr options which will prevent legal action from being taken. Failure to respond to this letter will result in legal proceedings being issued without further notice.Pls see the reverse of this letter for details of how to make payments towards the above A/c.

[cymruambyth]

Re: Lovemoney UE Diary

You need to send the Letter Before Action from our templates to them; http://forums.all-about-debt.co.uk/s...l=1#post547530

[nightwatch]

Re: Lovemoney UE Diary

i agree with Cym, get it in the post asap, xx

[Spud]

Re: Lovemoney UE Diary

It might be better to wait on sending that LBA reply just yet......Yes I know that goes against the conventional advice...

Lets just establish a few facts first as replying now could leave you in a worse position. I wouldn't want them to get the chance to put this right

Just to confirm, This is the Tesco card ( Husbands card) ?

Is this the account that you have got a letter for confirming UE?

What was the date on the Howard Cohen letter and when did you receive it?

It is usually the case that HC pre date the letter so you actually receive it on the date that they require your reply - Dirty tactics

Given your position, it may not be wise to reply to a letter where the date they require a reply ( Within 10 days) has already expired. You are in a strong position and it is tactics that will win this claim

I will ask Niddy to take a quick look. I could well be wrong but hold fire for now on the LBA

You would be gutted if you gave them an opportunity to put this right

[Lovemoney]

Re: Lovemoney UE Diary

Thanks all your help and suggestions really much appreciated.

Just to confirm, This is the Tesco card ( Husbands card) ? YES, Linky #898, #834 and......

Is this the account that you have got a letter for confirming UE? Niddy has been confirmed is UE

What was the date on the Howard Cohen letter and when did you receive it? 14/5/2016 as far I remember received it around 18th or 19th May (last week)

Spud
If you could check with Niddy for me I'll be very grateful....Thanks

[Still Waving]

Re: Lovemoney UE Diary

Hi Lovemoney

Sorry to butt in, but for me your second answer is ambiguous. Niddy has confirmed it as UE, but did you also have a letter from the creditor confirming that they cannot enforce it?

[nanna58]

Re: Lovemoney UE Diary

You do need to get the LBA asap as Cym and NW says xxx

[Spud]

Re: Lovemoney UE Diary

Niddy has confirmed it as UE, but did you also have a letter from the creditor confirming that they cannot enforce it?

We need clarification on this point ideally as this could be the point that gives your case real strength ( No doubt amongst other things)

Its one of those tricky situations where the standard and practiced advice is to get the LBA reply letter off but in some circumstances if you have a really strong position, I would suggest it could be foolish to compromise that position by replying further. If you have already told them about missing PT's etc, What good would come out of telling them again? Only reminding them so they can rectify the faults prior to issuing a claim.....

If it were me, I would rather them issue a claim with faulty paperwork where they have limited time to rectify before their deadline, Forcing them to discontinue or continue on with no prospect of winning ( Which they would not do)

Its not conventional and goes against the norm. Ultimately it comes down to what action you are happiest with, There is no wrong or right answer unfortunately, You have to play each case to its advantages and sometimes saying nothing can be the better hand

[Never-In-Doubt]

Re: Lovemoney UE Diary

No reply necessary at this stage. They're in default of your original s.78.

You can send the LBA as directed above but it's not going to make any difference whether you do or don't now. I'd not bother, myself.

[Lovemoney]

Re: Lovemoney UE Diary

No reply necessary at this stage. They're in default of your original s.78.

You can send the LBA as directed above but it's not going to make any difference whether you do or don't now. I'd not bother, myself.

Niddy
Thank you for helping me come up with an answer much appreciated. As soon I heard anything with keep you update.

[BuzzyBee]

Re: Lovemoney UE Diary

We need clarification on this point ideally as this could be the point that gives your case real strength ( No doubt amongst other things)

Its one of those tricky situations where the standard and practiced advice is to get the LBA reply letter off but in some circumstances if you have a really strong position, I would suggest it could be foolish to compromise that position by replying further. If you have already told them about missing PT's etc, What good would come out of telling them again? Only reminding them so they can rectify the faults prior to issuing a claim.....

If it were me, I would rather them issue a claim with faulty paperwork where they have limited time to rectify before their deadline, Forcing them to discontinue or continue on with no prospect of winning ( Which they would not do)

If it were me, I would rather them not issue a claim at all, which is why replying is a good idea. The usual reply is a letter asking them to provide you with the documents they intend to rely on in court, not telling them where they went wrong in the past. When a claim is issued, it is the defendant who has limited time to submit a defence before the deadline. The claimant can supply the paperwork at any time right up to the trial. As for them having no prospect of winning, it's worth remembering this case: Arrow v Frost.

[Never-In-Doubt]

Re: Lovemoney UE Diary

If it were me, I would rather them not issue a claim at all, which is why replying is a good idea. The usual reply is a letter asking them to provide you with the documents they intend to rely on in court, not telling them where they went wrong in the past. When a claim is issued, it is the defendant who has limited time to submit a defence before the deadline. The claimant can supply the paperwork at any time right up to the trial. As for them having no prospect of winning, it's worth remembering this case: Arrow v Frost.

No. Replying would be silly in this instance.

We're the leading consumer forum in this field and have huge success. We do it right and don't take gambles / let the creditor remedy existing faults. Each response allows a remedy. Hence, replying is rather silly as it allows them to put their shop in order. Post claim they'd have serious problems so why would you send a reply asking for the docs they intend to reply on if they're already in breach of s.78 etc?

Arrow v Frost was by a very poor legal team. Howlett Clarke aren't worth bragging about and they lost on ALL defence points as well IIRC. *When you consider HC employ no actual qualified solicitors in this field - it's risky quoting them / their cases.

[nanna58]

Re: Lovemoney UE Diary

Niddy has spot on info and is rarely wrong , so please be guided by him. xxx

[Gerry Jemitus]

Re: Lovemoney UE Diary

If it were me, I would rather them not issue a claim at all, which is why replying is a good idea. The usual reply is a letter asking them to provide you with the documents they intend to rely on in court, not telling them where they went wrong in the past. When a claim is issued, it is the defendant who has limited time to submit a defence before the deadline. The claimant can supply the paperwork at any time right up to the trial. As for them having no prospect of winning, it's worth remembering this case: Arrow v Frost.

The trouble is that sometimes it does prompt them to get their house in order, so can be risky. It's difficult to generalise as each case is individual.