thetinman UE Diary

[Never-In-Doubt]

Re: thetinman diaries

Littlewoods
Type of account (mail order cat)
Date commenced. 97
Date last paid. oct 2009
Not paying
Status (in arrears)
Account owner. shop direct

cca sent, letter sent back saying no cca but please keep paying
Oct 14: sent cca request to Arrow
Oct 14: reply from arrow dont agree they are creditor, but will suspend all collection activity while they try and get cca, return £1 postal order
Sept 15: Arrow have sent a copy of the sept 11 cca.

As quoted from the secure upload area....

Why would you tell them what's wrong, for them to then go and remedy the error?

Don't. Whatever you do don't go doing that or you'll get spanked if they take action. There are no terms, nothing - this is a default of s.78(6a) which means they cannot enforce it. If they attempt to we will get our solicitor on it for you.

Your best bet is to respond with Missing PT's template but do not ever tell them the exact reasons it is in default because doing so means they'll try and fix it with a reconstituted version. Just stick to our templates.

you need to subscribe to AAD+ to get these templates, link --> http://forums.all-about-debt.co.uk/aad-members.php

The template you need is here --> http://forums.all-about-debt.co.uk/s...l=1#post489180 (after subscribing) and is called "CCA Query - Missing Prescribed Terms" (it's top of the list of templates)

This is

[thetinman]

Re: thetinman diaries

northern rock

Type of account (loan)

Date commenced. 2004

Date last paid. sept: 2013

paying £1 token payment stopped in 2013

Status (in arrears)

Account owner. northern rock

got this over the internet in 2004, they sent me a agreement in 2004 which I signed and it is the only original agreement I have a copy of which I kept for some sad reason, dont think its worth a cca check.

Nov:2013 debt sold letter, Marlin europe v limited new owners.
Dec 2013: sent cca request
Jan 2014: recevied cca, niddy says unenforceable, because there are no prescribed terms on the agreement.
Feb 2014: letter from marlin, referring to mortimer clarke solicitors to review and determine if legal action should commence.
feb 2014: sent them cca query missing prescribed terms.
March 2015:marlin new name letter.
Aug 2015: received same cca.
Aug 2015: sent them cca query missing prescribed terms again.
Sept 2015: received same cca sent to niddy to check. niddy says unenforceable.
Oct 2015: received letter saying account to be reviewed to see whether we should commence legal action.

Hi all had a letter from Cabot Financial saying my account will be reviewed to determine if they should commence legal action against me, I have ten days to contact them to prevent the risk of legal action to agree acceptable repayment proposal, any ideas what template letter I should send them if any thanks

[nightwatch]

Re: thetinman UE Diary

Normally I would suggest the Missing PT again, but niddy is saying not to , as they have not complied with your CCA request.
so maybe wait and see what happens next.
If you feel you have to send something you may be best checking with Niddy for now xx

[Never-In-Doubt]

Re: thetinman diaries

Hi all had a letter from Cabot Financial saying my account will be reviewed to determine if they should commence legal action against me, I have ten days to contact them to prevent the risk of legal action to agree acceptable repayment proposal, any ideas what template letter I should send them if any thanks

Contacting them won't prevent legal action. Right now they're in breach of s.78 so by not replying you're in a stronger position if they did issue.

To stop action you'd need to start payments. Why do that when worse case you can agree that upon a claim being received if there's no viable defence.

Your call but I wouldn't respond if it was me!

[thetinman]

Re: thetinman diaries

Contacting them won't prevent legal action. Right now they're in breach of s.78 so by not replying you're in a stronger position if they did issue.

To stop action you'd need to start payments. Why do that when worse case you can agree that upon a claim being received if there's no viable defence.

Your call but I wouldn't respond if it was me!

Thanks Niddy and Nightwatch, I will sit tight and wait

[thetinman]

Re: thetinman diaries

northern rock

Type of account (loan)

Date commenced. 2004

Date last paid. sept: 2013

paying £1 token payment stopped in 2013

Status (in arrears)

Account owner. northern rock

got this over the internet in 2004, they sent me a agreement in 2004 which I signed and it is the only original agreement I have a copy of which I kept for some sad reason, dont think its worth a cca check.

Nov:2013 debt sold letter, Marlin europe v limited new owners.
Dec 2013: sent cca request
Jan 2014: recevied cca, niddy says unenforceable, because there are no prescribed terms on the agreement.
Feb 2014: letter from marlin, referring to mortimer clarke solicitors to review and determine if legal action should commence.
feb 2014: sent them cca query missing prescribed terms.
March 2015:marlin new name letter.
Aug 2015: received same cca.
Aug 2015: sent them cca query missing prescribed terms again.
Sept 2015: received same cca sent to niddy to check. niddy says unenforceable.
Oct 2015: received letter saying account to be reviewed to see whether we should commence legal action.

Hi all received a letter from Mortimer Clark Solicitors, saying they have been instructed by there client to start court proceedings against me if I do not respond to their letter within 14 days, they are going to ask for a judgment order for payment of the debt, and if I am going to submit a defence, please contact them to explain basis of dispute, if I do not reply to the claim form that the court sends there client request that the court judgement in default by instalments of £50 per month, any idea what letter I should send them.

[nightwatch]

Re: thetinman UE Diary

I think it would be the LBA (letter before action)

I will flag this up back stage to see who is available with more information x

[thetinman]

Re: thetinman UE Diary

I think it would be the LBA (letter before action)

I will flag this up back stage to see who is available with more information x

Thank you, any help would be gratefully received, this debt does worry me the most.

[The Tech Clerk]

Re: thetinman UE Diary

L B A

[thetinman]

Re: thetinman UE Diary

L B A

Thank you, I will get it sent off in the morning.

[The Tech Clerk]

Re: thetinman UE Diary

Recorded Delivery!

[thetinman]

Re: thetinman UE Diary

Recorded Delivery!

Thanks will do.

[PlanB]

Re: thetinman diaries

received a letter from Mortimer Clark Solicitors, saying they have been instructed by there client to start court proceedings against me if I do not respond to their letter within 14 days

What is the date on that letter from Mortimer Clark solicitors?

When does the 14 day deadline expire?

How much is this debt?

If it's a Northern Rock personal loan was it related to a Northern Rock "Together" mortgage ?

Depending on your answers you may need to send a new CCA request (previous one sent in November 2013?) or the LBA response template letter or both.

Plan B x

[thetinman]

Re: thetinman diaries

What is the date on that letter from Mortimer Clark solicitors?

When does the 14 day deadline expire?

How much is this debt?

If it's a Northern Rock personal loan was it related to a Northern Rock "Together" mortgage ?

Depending on your answers you may need to send a new CCA request (previous one sent in November 2013?) or the LBA response template letter or both.

Plan B x

Hi the 14 day deadline is the 15th dec, it was just a 25,000 personal loan not related to a together mortgage, when they sent the last copy of my cca to me recently they said they only had a true copy of the cca and not the original if that means anything.

[PlanB]

Re: thetinman diaries

the 14 day deadline is the 15th dec, it was just a 25,000 personal loan not related to a together mortgage, when they sent the last copy of my cca to me recently they said they only had a true copy of the cca and not the original if that means anything.

Thanks for clarifying things. By a "true copy" they mean a reconstituted copy of the original which they don't have. They're allowed to do that as long as the recon is honest and accurate.

I can now see that you only recently sent a CCA request (Sept 2015). What letter did you send Marlin in response to the CCA they sent you? And did you reply to the October letter from Marlin?

I would definitely send the LBA Response template letter which you will find here > http://forums.all-about-debt.co.uk/s...l=1#post495044

There's a paragraph in it about your CCA request which you may need to edit out (delete) if Marlin has already complied with your request.

I don't know how much is still outstanding on this Northern Rock personal loan which started out as £25k but it may make sense to send them (NR not Marlin) a SAR request at this stage so you are ahead of the game if legal proceedings do get issued. Hopefully not but let's be proactive

The SAR template letter is here > http://forums.all-about-debt.co.uk/s...l=1#post495040

Don't hesitate to post up any questions you may have and we'll do our best to answer them

Plan B x