BillyTommo's UE Diary

[billytommo]

Re: BillyTommo's UE Diary

Yep

[The Tech Clerk]

Re: BillyTommo's UE Diary

Yep

Good keep it safe

[Undercover Elsa]

Re: BillyTommo's UE Diary

Is it valid Billy? If you want to scan it & email it to me I'll double check for you.
undercoverelsa@all-about-debt.co.uk

[nanna58]

Re: BillyTommo's UE Diary

They seem to be doing the headless chicken dance.

[billytommo]

Re: BillyTommo's UE Diary

Sent them Elsa. I've sent you stuff before so it automatically filled in your details. Upon checking, it is your live.co.uk address that it has gone to. I hope that this is okay. If not, let me know and I can resend. Thanks for looking

[Undercover Elsa]

Re: BillyTommo's UE Diary

Thanks Billy, that address is fine.
Got them OK and I'm seeing the termination notice but the DN pics aren't showing up - just 2 empty boxes with page1image376 and page2image376 written in them. Not sure what's happened there?

Elsa x

[billytommo]

Re: BillyTommo's UE Diary

Just sent the DN again. On my phone so sent it a different way. Should be okay but let me know if it isn't.

Thanks

[PlanB]

Re: BillyTommo's UE Diary

They have now sent me a response to my LBA response that I sent. They basically state that they have complied with everything except the default notice and the termination notice, copies of which they have requested from their client.

Did Shoosmiths enclose any documents with their letter?

Are they saying that they (Shoosmiths) have complied with everything you requested in your LBA Response letter to them (I think not) or are they saying that their client (Nationwide) tells them that they (NW) have complied with your s.78 CCA Request at some point in the dim and distant past but the firm didn't enclose any evidence of this with their letter?

You wrote and asked Shoosmiths to provide you with a specific list of documents, and they are required to comply with your definitive request under Pre-Action Protocol. From what you say they haven't done that.

What does the last paragraph of Shoosmiths' letter say? Or if it suits you better why not send a copy of it to me/Elsa.

Plan B x

[Undercover Elsa]

Re: BillyTommo's UE Diary

I think the DN is iffy. Being picky, it doesn't state the total amount to pay to remedy the breach, quotes 2 amounts, the arrears and the over limit amount and leaves you to do the maths.
It also fails to state an actual date for remedy, just "17 days from date of this letter", nor does it number the precise term breached on the T&C's.
I don't know if these points would be considered de minimis by some judges. I'd be interested in Jo's views on it.

Did they actually enclose an OFT info sheet with it?

I'll forward you a copy PlanB, see what you think xx

[billytommo]

Re: BillyTommo's UE Diary

There is no OFT info sheet with either the DN or the termination notice.

I can send a copy of the whole letter to you. Let me know if that will help.

Thanks

[billytommo]

Re: BillyTommo's UE Diary

So, on this matter, what is the recommended course of action? TIA

[PlanB]

Re: BillyTommo's UE Diary

Question today:

So, on this matter, what is the recommended course of action?

Answer on 9th May in post # 578:

Did Shoosmiths enclose any documents with their letter?

Are they saying that they (Shoosmiths) have complied with everything you requested in your LBA Response letter to them (I think not) or are they saying that their client (Nationwide) tells them that they (NW) have complied with your s.78 CCA Request at some point in the dim and distant past but the firm didn't enclose any evidence of this with their letter?

You wrote and asked Shoosmiths to provide you with a specific list of documents, and they are required to comply with your definitive request under Pre-Action Protocol. From what you say they haven't done that.

What does the last paragraph of Shoosmiths' letter say? Or if it suits you better why not send a copy of it to me/Elsa.

Plan B x

[billytommo]

Re: BillyTommo's UE Diary

Then Elsa mentioned the DN and said she would send you a copy to look at. I didn't want to go jumping off at tangents but investigate one avenue at a time. I'll email the letter to you both now. Thanks

[PlanB]

Re: BillyTommo's UE Diary

Then Elsa mentioned the DN and said she would send you a copy to look at. I didn't want to go jumping off at tangents but investigate one avenue at a time.

That's fine Billy. It's good to be proactive

Elsa has seen your DN and analysed it but right now Shoosmiths are admitting that they haven't got your DN and they will need it to enforce should they issue proceedings.

I personally hate leaving letters unanswered to solicitors so I think you need to concoct a reply to the firm which we can't help you with until we see what they actually said to you in their letter.

You need to lay a paper trail in case they do issue proceedings.

Plan B x

[billytommo]

Re: BillyTommo's UE Diary

I understand your logic. Email sent to the both of you