Start of my diary

[Strepsi]

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.

[Joanna Connolly Solicitors]

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

[Timewilltell]

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

[Strepsi]

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

[Joanna Connolly Solicitors]

HI Di,

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

Cheers

I've received your email

Di

[Never-In-Doubt]

Are you based in Scotland or England out of interest....

[Strepsi]

Are you based in Scotland or England out of interest....

Yorkshire, God's own County!

[Strepsi]

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.

[Joanna Connolly Solicitors]

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

[Strepsi]

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.

[Night Monkey]

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?

[Joanna Connolly Solicitors]

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

[Strepsi]

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...

[Joanna Connolly Solicitors]

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

[Strepsi]

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.