Lola girl UE diary...newbie!

[Lola girl]

Letter of claim has arrived - wondering if to fill the form in and request all documents and send a SWID?
Night Monkey did you respond to yours?

[Lola girl]

Thanks guys. Like I said I’ve been a member a good few years now and JCS have already dealt with one claim for me so know the usual process.

SAR sent to M&S in the meantime and LBA not received as yet but will post up when it does.

Lola x

[Roger]

I wasn't having a go - just saying. I think you and National Debt Line are correct

Good BUT IF a LBC is sent
Lola girl Diary is excellent meaning that a @JCS can see straight away the background.

I am pretty certain that @JCS will and would give current tactics and advice if consulted , especially since the first consulation is free.

[Pat]

I wasn't having a go - just saying. I think you and National Debt Line are correct

[Still Waving]

Funny old thing that- isn't this what I have been arguing for quite some time now only to be shot down with 'tactics have changed'. Should I change my name to Cassie?

As I said - I'm just a layman (consumer).

[Pat]

A layman's view.

I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.


As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
https://nationaldebtline.org/fact-sh...unty-court-ew/

Funny old thing that- isn't this what I have been arguing for quite some time now only to be shot down with 'tactics have changed'. Should I change my name to Cassie?

[Roger]

A layman's view.

I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.

Roger mentioned that we used to send sold whilst in dispute letters, which tended to be quite effective in frustrating and delaying the recovery process. Perhaps there is still a place for them.

As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
https://nationaldebtline.org/fact-sh...unty-court-ew/

I wouldn't disagree with any of this!
Its an excellent Diary
We used to send the SWID to good effect in the Past! Especially where as in this Case the the Account wasn't sold until nearly 4 years Later!

Yes to a DSAR of course but if Lowell do send a LBC that is the point to consult @JCS
I do not in any way prempt what their response may or may not be! But it will be current!

[Still Waving]

A layman's view.

I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.

Roger mentioned that we used to send sold whilst in dispute letters, which tended to be quite effective in frustrating and delaying the recovery process. Perhaps there is still a place for them.

As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
https://nationaldebtline.org/fact-sh...unty-court-ew/

[Roger]

My view is that you do need to send off a cca request. The time delay between claims and courts especially post Covid is long so they can easily cobble together what they think they need.
i think it is wrong to go against pre action protocols and I do wonder what compliance agencies would say.

@Pat
This view and your views are of course dead set against @JSC and AAD Diaries. For me and so many others the AAD site has been a God send! From the begining as you are well aware there has been an special relationship between @Niddy and @JSC
So we have your VIEW against current practictioners @JSC

I am pretty certain that @JCS will and would give current tactics and advice if consulted , especially since the first consulation is free

[Pat]

My view is that you do need to send off a cca request. The time delay between claims and courts especially post Covid is long so they can easily cobble together what they think they need.

i think it is wrong to go against pre action protocols and I do wonder what compliance agencies would say.

[Night Monkey]

I was about to send a CCA request when the Letter Before Action hit so I held off. My intention atm is to talk to JCS this week with the initial free consultation and engage fully should the battle go to court.

JCS successfully took on PRA for me a while ago, when the advice then (iirc) was to ignore so that their time to collect any documentation was limited. I agree that it is a stressful process, especially if potential mortgages are involved. The saga is here in my diary if you'd like the full story.

[Lola girl]

Did you send off a CCA request to overdales Night Monkey ? Have you asked for further documentation ie, default notice etc?

Some conflicting advice - some poster’s recommendation to go back and ask for info from overdales with a view to heading off the claim. Some go through JCS and I guess ignore them and let them proceed with the claim.

Having had a previous claim dealt with via the brilliant JCS I know the costs and worry involved and would like to head things off if at all possible….or even delay. I need a mortgage in October and won’t risk a CCJ

Lola x

[Night Monkey]

...the letter had ‘notice of acting’ in bold type at the top (maybe they thought I would read that as notice of action!)

I've had the same, I expect the whole thing is very carefully constructed to that end.

Based on other forum members' experience I was expecting a 'proper' letter of claim sometime in the next week, but it arrived this morning just as I was printing out a CCA letter for Overdales. There were eight days between the dates of the two letters, and four between actually receiving them.

[Roger]

No do not send for CCA S.78 if and when they send a LBC (letter Before Claim) talk to @JCS

The Excellent Diary comes into play!
"..
CCA request - deemed UE by Niddy.
Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.
.."
You do not want to encourage Lowell to rectify or otherwise that UE CCA!
This is where TATICS become important - You have done the right thing ordered a DSAR!!

[SteveB]

£1000 fees on what £8k sounds like scare tactics. I bet they are trying to add interest.

I think I would do nothing and when the LOC ( not the claim form) send a cca request .