amberashjess' UE Diary

[amberashjess]

Hi

Im getting some advice from NID about my situation, as Ive mentioned I've been scared to post because I was told DCA read boards. Niddy said he would read up on my situation on another site to which I'm grateful.

My debt situation occurred because of domestic violence, homelessness and abuse. I am suffering with post traumatic stress, anxiety and depression. I also am a carer for my son who is disabled and I have too other children who arestill suffering the after affects of this. Ive also not been in work since 2005 since my son was born.
I have documentation to back me up from my GP, Social worker and rape crisis centre.

The debt company checks my credit file regularly as I have two credit cards and an overdraft but they do not know that the additional card holder pays these accounts, they are just in my name. I only use my bank account.

A DCA is hassling me and wanting to take me to court, should I let them know my situation? I have three accounts with them from the same bank. (i will post more about this after niddy gets back to me). I can give you a link my thread if you want.

Thank you and sorry if I'm rambling but I'm very nervous and scared x

[Never-In-Doubt]

Re: Welcome to amberashjess

For now try and relax, I will email you direct before Monday and we'll then work out what is best and how best out hide things from public view for you. Try and relax for a day or so whilst I catch up.

[amberashjess]

Re: Welcome to amberashjess

Thanks Niddy just so anxious! Im thinking about this all the time. I dread the postie everyday and we have to deliveries royal mail and tnt!

Im taking the kids to a party today so will try and keep it out of mind.

[IF]

Re: Welcome to amberashjess

Thanks Niddy just so anxious! Im thinking about this all the time. I dread the postie everyday and we have to deliveries royal mail and tnt!

Im taking the kids to a party today so will try and keep it out of mind.

We all understand how you feel, Nid is on the case now, so deep breaths and enjoy the party

[Never-In-Doubt]

Re: Welcome to amberashjess

Hiya

I've read your thread, for now I just have one question - was it only an LBA you were served, ie no claim as yet?

Thanks

* Keep it here for now. I'll look at copying your posts from other forum to AAD later if it's necessary.

[Never-In-Doubt]

Re: Welcome to amberashjess

Second question - when did you send the cca request, who did you send it to and finally - can you email me Bryan Carter's LBA so I can sort you a response

[amberashjess]

Re: Welcome to amberashjess

Hi Niddy

I have not received a claim for either the loan or the credit card account.

Loan - cca sent out 28th November by recorded and signed for by them 3rd december

credit card -cca request sent on 29th November and they signed for it 5th december


Both CCA requests were sent to Lowell's and a copy was sent to Bryan carter without the £1 PO.


Thank you

[Never-In-Doubt]

Re: Welcome to amberashjess

1. Balance of loan / card?

2. Last paid - approx? (For both please)

3. Have you had an LBA for both? If not, which?

4. Which account is BC involved in (or both)

5. Have these accounts been merged.

[amberashjess]

Re: Welcome to amberashjess

Balance of Loan - £3767
Balance of Card - £1937

Also had a bank account but they have not sent anything for that yet.

Last Paid - Don't know probably Late 2007 definitely 2008

Have had a LBA for both

BC involved in both

No the accounts have not been merged.

[amberashjess]

Re: Welcome to amberashjess

I left all paperwork for this behind and only have an d credit report to work out approx date of last payment. I think they took payment from the bank account to pay the loan. I don't know. It won't let me post it.

[Never-In-Doubt]

Re: Welcome to amberashjess

Ok, what to do - add both the credit card and loan reference where indicated on the letter and also sign it digitally, ie just use a fancy font before printing (or ask a friend to sign for you) and get it sent to BC ASAP - recorded delivery.....

Remember to attach a copy of both the CCA requests you sent on 28th & 29th November (but don't resend the money - just a copy document)....
Good Luck

Dear Sirs,

Ref: Card - xxxxxxxx
Ref: Loan - xxxxxxxx

Thank you for your recent letters regards the above two accounts, which for the avoidance of doubt are being treated as formal letters before action.

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently.

The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”.

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require to be sent to me, for both accounts, are as follows:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the Consumer Credit Act 1974 (“CCA 1974”). A request was made under s.77 for the loan on 28.11.13 (signed for by you on 03.12.13) and a request under s.78 for the card was sent on 29.11.13 (signed for by you on 05.12.13) and neither request has yet been complied with. Both the agreements are therefore rendered unenforceable whilst those failures to comply remain outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim(s) as having no prospect of success.

Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified for each account.

I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.

You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,




Sign Digitally

[amberashjess]

Re: Welcome to amberashjess

I sent you the LBA letters and what I responded with.

[Never-In-Doubt]

Re: Welcome to amberashjess

Please do not copy the above onto the other forum. Obviously I think you've realised this forum is best suited to your needs with the help you've got in the past day.....

Good luck, you should be fine.

[Never-In-Doubt]

Re: Welcome to amberashjess

I sent you the LBA letters and what I responded with.

Yep it's cool, I've created a formal reply above for you - send that asap....

[amberashjess]

Re: Welcome to amberashjess

I will get that posted monday first thing. This forum and you are fantastic and I am very grateful for all your help.

I will be staying here and I wont copy anything.

Thank you so much