Westham1 UE diary

[Roger]

Re: Westham1 UE diary

If I send the LBA letter, should I add to it that the cca they have sent me is an application signed by me for a Barclaycard account which I opened in 2008 and was settled before it was closed in October 2014.Should I also point out that the account which they have have bought from Barclaycard shows on my credit report as having been opened in 2005 and was defaulted in December 2014, and that the T&c’s they have sent me seem to relate to an Egg card.

Don't acknowledge the Debt (you would be doing this if you mentioned account details sic opened 2008 etc..).
I wouldn't add anything, least said the better!

[The Tech Clerk]

Re: Westham1 UE diary

the letter is all that is needed no amendments what soever do not do their job for them - they are ther nasties remember that

[cymruambyth]

Re: Westham1 UE diary

Just send the letter without any additions. It is written to keep you protected. Don't tell them anything that could be rectified.

[nanna58]

Re: Westham1 UE diary

Schtum !!!!!!!!!!!

[Westham1]

Re: Westham1 UE diary

Thanks for your replies.
I agree that I shouldn't do their job for them or give them a chance to rectify their mistakes, but I don't want to have to go to court so I would rather get this sorted beforehand.
Surely they can't be so thick as to think that they have sent me the relevant cca, but if they are then maybe it would be helpful to point it out.
It should be fairly obvious that their argument wouldn't hold up in court, but I don't want to be there to witness it.

[The Tech Clerk]

Re: Westham1 UE diary

understand - but as experiances people on here know follow what is suggested, do not want to go to court Who does? but these companies are the pits and could not care in the least your feelings they are tory lead profit profit profit, hence we challenge their right to anything from you, and that what they say they are entitled to is correct. court system appearance if ever is a long way off just follow adive etc on here

[JLC]

Re: Westham1 UE diary

On one of my debts, they are claiming it to be from a different lender. I'm not correcting them on that because the debts doesn't exist with the company they think it does! Silence is the best way forward. Another of my debt, I was sent an application form for a completely different account - again, I'm not going to tell them! Both the above debts I haven't had any correspondence from since December and one of them threatened court. I sent the LBA to them and I've not heard anything!

[alfie]

Re: Westham1 UE diary

Thanks for your replies.
I agree that I shouldn't do their job for them or give them a chance to rectify their mistakes, but I don't want to have to go to court so I would rather get this sorted beforehand.
Surely they can't be so thick as to think that they have sent me the relevant cca, but if they are then maybe it would be helpful to point it out.
It should be fairly obvious that their argument wouldn't hold up in court, but I don't want to be there to witness it.

I also understand not wanting to go to court. But, they haven't yet considered it/decided to go to court?
In addition to the posts above, you may have seen AAD Diana Mayhew comment post in another thread as follows;
'Do not get into a conversation with them about the recon you were sent. You don't want to flag up any errors which they might be able to remedy. It's tempting to 'meet fire with fire' when you get a strong argumentative letter from a solicitor but it's best to bite your tongue.
Less is more pre-litigation. Let's hope there won't be any court claim but you need to manoeuvre yourself (your wife) into the best possible legal position just in case'

[Westham1]

Re: Westham1 UE diary

On one of my debts, they are claiming it to be from a different lender. I'm not correcting them on that because the debts doesn't exist with the company they think it does! Silence is the best way forward. Another of my debt, I was sent an application form for a completely different account - again, I'm not going to tell them! Both the above debts I haven't had any correspondence from since December and one of them threatened court. I sent the LBA to them and I've not heard anything!

That sounds similar to mine, so I'll just send the LBA.

[Westham1]

Re: Westham1 UE diary

I sent the LBA letter on Monday and it was signed for yesterday morning.
This morning I received a letter offering a discount. This was dated Monday (12th June), so was either sent before I sent the LBA or they sent it yesterday and put Monday's date on it.
The envelope hasn't got a date stamp so that doesn't help.
Strange how that discount letter only took 2 days at most, yet the letter threatening possible court action was dated 2nd June and took a week to get to me.

[JLC]

Re: Westham1 UE diary

I'd ignore and see what they do next. The fact they offered a discount must worry them.

[Westham1]

Reply from 1st Credit to my lba.
They said
"We can confirm that a copy of the agreement and copy statements were issued to you previously. With regard to the DOA we would refer youto section 136 of the Law of Property act 1925. which provides that the debtor is notified of the assignment of debt in writing, which we have already provided.
Regarding your request of the default notice and termination notice we have requested these from the OC and will contact you again once we receive their response."

What's my next move?

[alfie]

Maybe wait for when they 'contact you again' regarding that response.?
Have they issued an actual letter before claim.

[Westham1]

Maybe wait for when they 'contact you again' regarding that response.?
Have they issued an actual letter before claim.

I was advised to send the lba in response to their letter (post #86)

[alfie]

I was advised to send the lba in response to their letter

thats ok.
it seems that they are not taking any immediate legal action as they have referred back to the creditor.
I was thinking then wait to see what they then come back with?