yours-debtfull's diary of debt & despair

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

It begins..... We have been requested by our client's agent, Robinson Way Limited, to write to you 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 are instructed to issue proceedings in the County Court with a view to obtaining a CCJ..... threat, costs, threats, interest, threats etc.

If you are unable to pay the full balance in 10 days, please contact our client's agent RW to discuss affordable payment arrangement....

That's a standard Creditor LBA - however it's kinda futile sending an LBA response back to them as there is no outstanding CCA (s.78) issues. Therefore send the new CCA to the DCA (Rob Way) and for now don't worry too much about the threat from Howard Cohen - chances are they'll issue a claim anyway so best thing is to get processes in motion to be able to defend and the CCA request is key.

Don't worry - if and when a claim comes just let me know asap and we'll then get to work on it for you - however send the CCA registered so you have proof of postage as I suspect you will be served a claim in the coming days (typical Howard Cohen actions) - but don't worry about it. Nothing we can do to stop it now so let's get our tactics sorted and get the CCA sent in.

The payment of £1 should be made payable to the DCA so make it payable to Robinson Way.

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

Thank you

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

What's the best way to send the £1. Can I include a pound coin or should I write a cheque or get a postal order.... do they still exist?

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

What's the best way to send the £1. Can I include a pound coin or should I write a cheque or get a postal order.... do they still exist?

Postal order or cheque. Not cash. No.

[BuzzyBee]

Re: yours-debtfull's diary of debt & despair

BusyBee the letter is entitled Notice of Pending Legal Action

It begins..... We have been requested by our client's agent, Robinson Way Limited, to write to you 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 are instructed to issue proceedings in the County Court with a view to obtaining a CCJ..... threat, costs, threats, interest, threats etc.

If you are unable to pay the full balance in 10 days, please contact our client's agent RW to discuss affordable payment arrangement....

It may be worth noting that I have successfully avoided any contact with anyone in relation to this debt for 4 years. Will contact with RW have the effect of restarting the clock?

Not if you don't acknowledge the debt in any way. The template letters to request documents are written so as to avoid acknowledging.

You don't have to respond to anything. That's quite incorrect.

Send for a CCA as advised. That's key right now.

The Practice Direction https://www.justice.gov.uk/courts/pr...on_conduct#6.1 says:

13. If a dispute proceeds to litigation, the court will expect the parties to have complied with a relevant pre-action protocol or this Practice Direction. The court will take into account non-compliance when giving directions for the management of proceedings (see CPR 3.1(4) to (6)) and when making orders for costs (see CPR 44.3(5)(a)). The court will consider whether all parties have complied in substance with the terms of the relevant pre-action protocol or this Practice Direction

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.

[BuzzyBee]

Re: yours-debtfull's diary of debt & despair

What's the best way to send the £1. Can I include a pound coin or should I write a cheque or get a postal order.... do they still exist?

Postal orders still exist, but you have to pay a 50p fee to the post office to buy a £1 postal order.

[alland]

Re: yours-debtfull's diary of debt & despair

What's the best way to send the £1. Can I include a pound coin or should I write a cheque or get a postal order.... do they still exist?

Personally when I was sending out CCA requests I used to send a postal order (I'm sure they are still available)
Problem with sending a personal cheque is they then have a copy of your signature and DCA's will try any tactics possible including forging your signature on a CCA ...don't give them anything you don't need to !

Good luck with this, and don't worry you're in good hands, just follow the procedure niddy suggests

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

The Practice Direction https://www.justice.gov.uk/courts/pr...on_conduct#6.1 says:

Im fully aware of what it says. We have won HUNDREDS of claims. The way we do things here works fine - please follow the flow and stop trying to be a pedant.

You can see we have a legal team and a very successful solicitor and barrister on side hence we know the best way to play the game and replying to an LBA is not necessary. Fact.

To elaborate, what's the point in the defendant replying to the LBA asking for the docs they intend to rely on when they're doing a new CCA to try and create a breach? Right now as things stand there's no viable response to resolution pre court as there's no outstanding CCA / breaches. So by your method to comply with Practice Directions they ought to be making an offer to settle? Hardly....

An LBA response is unnecessary. A CCA is critical. End of. I'm not discussing it any further.

[Roger]

Re: yours-debtfull's diary of debt & despair

Postal orders still exist, but you have to pay a 50p fee to the post office to buy a £1 postal order.

The Post Office will give you a reciept for the Postal Order (including its No). You can trace this NO and see whether/when it has been paid.
Recorded Delivery and a Postal Order receipt is all the evidence you need for a s.77-79 request! Its worth the extra 50p and you are protected the moment its posted!

[BuzzyBee]

Re: yours-debtfull's diary of debt & despair

Im fully aware of what it says. We have won HUNDREDS of claims. The way we do things here works fine - please follow the flow and stop trying to be a pedant.

You can see we have a legal team and a very successful solicitor and barrister on side hence we know the best way to play the game and replying to an LBA is not necessary. Fact.

To elaborate, what's the point in the defendant replying to the LBA asking for the docs they intend to rely on when they're doing a new CCA to try and create a breach? Right now as things stand there's no viable response to resolution pre court as there's no outstanding CCA / breaches. So by your method to comply with Practice Directions they ought to be making an offer to settle? Hardly....

An LBA response is unnecessary. A CCA is critical. End of. I'm not discussing it any further.

No, I never mentioned an offer to settle. For those who haven't paid in years, that would be an acknowledgment of the debt. I was only referring to asking for the documents they intend to rely on in addition to sending the CCA request because there are other documents such as DNs, etc. involved which they are usually not able to obtain so they may well give up when challenged rather than issuing a claim. Personally, I would only consider an offer to settle in certain circumstances, after a claim has been issued, but not before.

[Still Waving]

Re: yours-debtfull's diary of debt & despair

Edit: Never mind.

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

No, I never mentioned an offer to settle. For those who haven't paid in years, that would be an acknowledgment of the debt. I was only referring to asking for the documents they intend to rely on in addition to sending the CCA request because there are other documents such as DNs, etc. involved which they are usually not able to obtain so they may well give up when challenged rather than issuing a claim. Personally, I would only consider an offer to settle in certain circumstances, after a claim has been issued, but not before.

They don't give up when an LiP sends an LBA response asking for docs. That just doesn't happen in the real world. Yea, maybe it worked once but the norm would suggest otherwise.

We do have an LBA response template - well actually various versions, but in this case one is not necessary. Regardless of what you may believe you need to trust me here - it won't make a shred of difference. We'll get the DN and other docs if and when a claim is issued and then argue using CPR through a solicitor which is slightly better wouldn't you agree?

Each time an LiP sends a letter it risks weakening their case.

[Gerry Jemitus]

Re: yours-debtfull's diary of debt & despair

Four years later, they may not be able to get hold of that document any more.

which is probably a good thing........

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

Edit: Never mind.

Aaaaw

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

Thanks everyone for your responses, I am incredibly heartened by your support.

OK I have a slightly stupid question - The template letter doesn't include my address. Do I include it or just rely on the ref no?

Y-D