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  • Originally posted by Strepsi View Post

    I am aware that this account still hasn't had a history created, my plan is to do so in the coming week.

    Anyway, as mentioned I have never CCA'd this account, I guess now would be the correct time to do so. Just received following letter...

    "Your account remains unpaid despite attempts to contact you.

    We have assessed your account and established that it meets our initial criteria to be considered for legal action...if you do not contact us within 10 days your account maybe transferred to Howard Cohen & Co"


    They have given me until the 17th to contact them.
    Letter of Claim received from Howard Cohen Solicitor.

    Have until end of month to reply.

    Comment


    • Originally posted by Strepsi View Post

      Letter of Claim received from Howard Cohen Solicitor.

      Hello

      Is this your ex BOS current account overdraft for about £2k?

      Would you like to email me that Letter of Claim to see what they intend to claim and why they think they have the right to claim it.

      Di

      Comment


      • Another rapid response from lady Di! The fourth emergency service.

        Comment


        • Originally posted by Diana Mayhew View Post


          Hello

          Is this your ex BOS current account overdraft for about £2k?

          Would you like to email me that Letter of Claim to see what they intend to claim and why they think they have the right to claim it.

          Di
          HI Di,

          Finally managed to email this morning and yes it is, in answer to your question.

          Cheers

          Comment


          • Originally posted by Strepsi View Post

            HI Di,

            Finally managed to email this morning and yes it is, in answer to your question.

            Cheers

            I've received your email

            Di

            Comment


            • Are you based in Scotland or England out of interest....
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • Originally posted by Never-In-Doubt View Post
                Are you based in Scotland or England out of interest....
                Yorkshire, God's own County!

                Comment


                • Originally posted by Strepsi View Post

                  Letter of Claim received from Howard Cohen Solicitor.

                  Have until end of month to reply.
                  Panicking...!

                  Seen as though this has never been CCA'd, should I send a request to HC. Also ticking the appropriate box on the claim form.

                  I am aware that the end of month is fast approaching.

                  Comment


                  • Originally posted by Strepsi View Post

                    Panicking...!

                    Seen as though this has never been CCA'd, should I send a request to HC. Also ticking the appropriate box on the claim form.

                    I am aware that the end of month is fast approaching.

                    No need to panic since the deadline for your reply (or not) to this Letter of Claim is 27th November.

                    Ticking a box on the Letter of Claim (it's not a court claim form) may/may not be the right thing to do.

                    Sending a CCA Request may/may not be the right thing to do if it only delays things while at the same time giving them the opportunity to source or reconstitute any credit agreement and then issue a claim.

                    From what you say this debt is from 2004 so the bar is high for them to prove the original creditor had complied with their statutory duties at that time - assuming that the original creditor actually wants to co-operate now that they have washed their hands of this debt.

                    We have exchanged emails, and will probably exchange a few more before the deadline

                    Di

                    Comment


                    • Originally posted by Diana Mayhew View Post


                      No need to panic since the deadline for your reply (or not) to this Letter of Claim is 27th November.

                      Ticking a box on the Letter of Claim (it's not a court claim form) may/may not be the right thing to do.

                      Sending a CCA Request may/may not be the right thing to do if it only delays things while at the same time giving them the opportunity to source or reconstitute any credit agreement and then issue a claim.

                      From what you say this debt is from 2004 so the bar is high for them to prove the original creditor had complied with their statutory duties at that time - assuming that the original creditor actually wants to co-operate now that they have washed their hands of this debt.

                      We have exchanged emails, and will probably exchange a few more before the deadline

                      Di
                      I am confused as to why I wouldn't CCA this? All other advice is to send CCA in regards debts, as I understand if CCA hasn't been sent.

                      In the past I have been advised to tick a box on form on return.

                      Can I get some enlightenment please.
                      Last edited by Strepsi; 20 November 2020, 09:26.

                      Comment


                      • I am confused as to why I wouldn't CCA this?
                        I'm going through something very similar at the moment - I'll update my diary when it's concluded - but my understanding is that if they issue proceedings then the clock starts ticking and the pressure will be on them to produce when asked what they need to prove their case before the various deadlines. Why give them a heads-up and let them get their ducks in a row before they pull the trigger?

                        Comment


                        • Originally posted by Night Monkey View Post

                          my understanding is that if they issue proceedings then the clock starts ticking and the pressure will be on them to produce when asked what they need to prove their case before the various deadlines. Why give them a heads-up and let them get their ducks in a row before they pull the trigger?
                          That’s exactly the reason.

                          Plus the fact that no two debts are the same so how they’re managed won’t be the same.

                          Di

                          Comment


                          • Originally posted by Night Monkey View Post

                            I'm going through something very similar at the moment - I'll update my diary when it's concluded - but my understanding is that if they issue proceedings then the clock starts ticking and the pressure will be on them to produce when asked what they need to prove their case before the various deadlines. Why give them a heads-up and let them get their ducks in a row before they pull the trigger?
                            All very complicated, so how does this/that tactic relate to submitting a CCA request in general?

                            As I say, all very complicated...

                            Comment


                            • Originally posted by Strepsi View Post

                              All very complicated, so how does this/that tactic relate to submitting a CCA request in general?

                              As I say, all very complicated...

                              It’s all about timing - there’s no general rule as each situation is unique.

                              Di

                              Comment


                              • Originally posted by Diana Mayhew View Post


                                It’s all about timing - there’s no general rule as each situation is unique.

                                Di
                                Thanks for your time earlier, it was as usual very helpful.

                                Comment

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