linnite's diary

[linnite]

Hi Di,

I'm, um, away from home at the moment. What I recall sending to Niddy was 2 pages of an original document with my signature on it but no signature by any representative of Halifax, plus maybe 4 to 6 pages of t's and c's in a very different font and IMO clearly more recent.

[Joanna Connolly Solicitors]

Fantastically quick reply from Niddy but he says it's

How many pages did they send you including any Ts & Cs?

I've seen some Halifax credit agreements sent by debt purchasers recently which have been missing a few.

Di

[linnite]

Thanks again Di....so the lack of an instant demand for action by Idem could mean they are unsure of their legal position or know it to be a problem?

Do they formally have to respond to my 'dispute the debt' response to the LBA before they can proceed to court?

[Joanna Connolly Solicitors]

About half of my seven accounts were enforceable, but nothing ever came close to approaching serious court action, or any real threat of it. All just template letters from the very few "solicitors" [toothless rent-a-letterhead] that wrote.

All of my debts are now statute barred -- full diary thread here

This is not to encourage complacency -- quite the opposite: *every* letter should be logged here on AAD, filed and acted upon where applicable -- but just to say that discovering that an agreement is enforceable does not by any stretch automatically mean that the DCA will either know that or take legal action.

And I'll add that a credit agreement being enforceable does not necessary mean the debt is enforceable if the debt owner has not complied with all their other statutory obligations (such as a compliant Default Notice and Notice of Sums in Arrears etc) and cannot prove that they are entitled to collect the debt (such as assignment and licensing issues).

Di

[linnite]

Thank you Pip!

[Pip]

Hello Linnite,

About half of my seven accounts were enforceable, but nothing ever came close to approaching serious court action, or any real threat of it. All just template letters from the very few "solicitors" [toothless rent-a-letterhead] that wrote.

All of my debts are now statute barred -- full diary thread here

This is not to encourage complacency -- quite the opposite: *every* letter should be logged here on AAD, filed and acted upon where applicable -- but just to say that discovering that an agreement is enforceable does not by any stretch automatically mean that the DCA will either know that or take legal action.

[linnite]

Fantastically quick reply from Niddy but he says it's

[linnite]

Hi Di, no it simply says here it is, give us a call if you want to discuss it.

It did leave me wondering where I stood, they have my response to the LBC saying I dispute the debt.

As I am not going to be able to receive and act on mail between 18/8 and 1/9 I need to try and ensure I leave this one and the one where I have a CCA out in good order for that period, can't come back to find things have already happened.

Thanks

[Joanna Connolly Solicitors]

Idem have sent me an agreement as per my CCA.

This is in response to your reply to their Letter Before Claim isn't it?

Does the covering letter say anything about them believing that they have now complied with your original CCA Request and give you X days to contact them or they will issue proceedings?

Di

[Joanna Connolly Solicitors]

deleted another duplicated post

[Joanna Connolly Solicitors]

deleted my duplicated post

[Joanna Connolly Solicitors]

Re loan 4, Idem have sent me an agreement as per my CCA. I've not been in that position before, do I still send it to Niddy or has that all changed?

Email it to Niddy using webmaster@all-about-debt.co.uk


It's for this debt isn't it >

Re: linnite's diary

4. Halifax CC, £6500 originally now £3200 paid down via DMP, taken out Nov 2006 default date Dec 08, Blair Oliver and Scott administer, again don't think this has been sold?

Nov 2016: Sold to Idem, notice of assignment received.

Jan 2018: stopped paying. Last payment was on 08/01/18.

Mar 2018: Very little correspondence from them. Now £2,372.

April 2018: letter - passed to recoveries section.

8 June 2018: Received letter before claim.

15 June 2018: CCA letter sent. Need to send LBC response by 1st July.

20 June 2018: response received they will 'endeavour' to provide the CCA within 12 working days.

3 July 2018: No CCA received so LBC response form sent in, box D ticked 'I dispute the debt'.

4 July 2018 received in the post today from Idem an acknowledgement they can't currently provide the CCA. They will keep looking, I still owe the money etc.

9 Aug 2018 Received a copy agreement in the post, needs to get checked.

Di

[The Tech Clerk]

send it to Niddy do not redact anything

[linnite]

Hi,

Re loan 4, Idem have sent me an agreement as per my CCA. I've not been in that position before, do I still send it to Niddy or has that all changed?

[Joanna Connolly Solicitors]

I do wonder if companies are going to use these letters even if they are not sure of their case for the exact reason you say, they look very formal and intimidating even though they are not an actual court claim.

I cynically think that the LBC is used to fish for information.

When debtors respond saying they dispute the debt the solicitors frequently write back asking for the exact nature of the dispute with documentary evidence to support it n the hope that you'll reveal something which can help them get their case prepared.

Since 90% of claims issued on MCOL go to a Default Judgment (a CCJ because no response from the Defendant by the deadline) there can be a tendency to 'give it a go' especially with claims under £10k because they believe they won't be at risk of costs even if they lose.

These stats make sobering reading > https://assets.publishing.service.go...n-mar-2018.pdf

Cross each bridge when you get to it

Di