MJR001 UE Diary

[mjr001]

Re: MJR001 UE Diary

Have a read here this may help----------> http://forums.all-about-debt.co.uk/s...&postcount=289

Have had a read of the letter suggested but have no idea what annex a or b refers to. Has the letter shoosmiths have sent in breach of some sort of legal guidelines ?

Any help grateful

M

[Never-In-Doubt]

Re: MJR001 UE Diary

It's fine. Annex A & B is part of pre action protocol.

I would check with Paul. PM him a link here. See what he says

Annex A --> PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

Annex B --> PRACTICE DIRECTION – PRE-ACTION CONDUCT - Civil Procedure Rules

As I say, PM Paul - he'll know

[Never-In-Doubt]

Re: MJR001 UE Diary

Thanks FP - I'm slow as on phone

[Paul.]

Re: MJR001 UE Diary

Have had a read of the letter suggested but have no idea what annex a or b refers to. Has the letter shoosmiths have sent in breach of some sort of legal guidelines ?

Any help grateful

M

That letter seems more to explain the legal position in reply to something you sent them?? unless ive missed something.

The contents of the letter appears to be correct, it seems to me, there is no need for a signed agreement in reply to s78 Consumer Credit Act as they can reconstitute the agreement.

The letter doesnt mention legal action does it? not from what i can see, it merely invites proposals for repayment

[Paul.]

Re: MJR001 UE Diary

scrape that, i see they do refer to litigation

Did they send a letter prior to that one?

[mjr001]

Re: MJR001 UE Diary

scrape that, i see they do refer to litigation

Did they send a letter prior to that one?

They sent a couple of letters previous.

one of them telling me to send £1 fee and cca request to RBS (which I did months ago)

One telling me that RBS sent a letter saying the account they do not consider in dispute, with a expenditure sheet for me to fill in, which I replied with the CCA - Unenforcable template, as suggested.

I then received the letter from them uploaded earlier.

best regards

M

[Paul.]

Re: MJR001 UE Diary

They sent a couple of letters previous.

one of them telling me to send £1 fee and cca request to RBS (which I did months ago)

One telling me that RBS sent a letter saying the account they do not consider in dispute, with a expenditure sheet for me to fill in, which I replied with the CCA - Unenforcable template, as suggested.

I then received the letter from them uploaded earlier.

best regards

M

Good lord well thats not entirely right, but also one must stop and think for a moment about what they may have already in their possession.

Is it possible that they have a signed agreement? how did you enter into credit arrangements with the bank?

Also, what is the crux of your dispute? because if it is non compliance with s78 then that in itself does not stop the creditor suing merely it stops them getting judgment.

[mjr001]

Re: MJR001 UE Diary

Just a quick question, if Shoosmiths did proceed with legal action and issue a claim, could I make a repayment offer then, before it goes to court ?

This one has me a little worried as i have heard bad things about this company and the thought of a charging order against me worries me silly

M

[Paul.]

Re: MJR001 UE Diary

Just a quick question, if Shoosmiths did proceed with legal action and issue a claim, could I make a repayment offer then, before it goes to court ?

This one has me a little worried as i have heard bad things about this company and the thought of a charging order against me worries me silly

M

right,

Well, you need to reply to that letter pointing out that it is not a compliant letter of claim and therefore they should address the pre action protocol adequatley before they issue, and to the extent they fail to then you will take issue with the Court on that which hits them in costs.

You can offer to settle, however the Claimant could sit there and say full balance or court. thats the problem.

[mjr001]

Re: MJR001 UE Diary

right,

Well, you need to reply to that letter pointing out that it is not a compliant letter of claim and therefore they should address the pre action protocol adequatley before they issue, and to the extent they fail to then you will take issue with the Court on that which hits them in costs.

You can offer to settle, however the Claimant could sit there and say full balance or court. thats the problem.

So Paul, should i send them the letter template that was suggested to me before which you have written up ?

M

[Paul.]

Re: MJR001 UE Diary

So Paul, should i send them the letter template that was suggested to me before which you have written up ?

M

thats not a template, thats the thing, it isnt suitable for every circumstance, you cannot template the legal process because each case turns on its own facts

The letter should give you an idea however on whats needed

[mjr001]

Re: MJR001 UE Diary

thats not a template, thats the thing, it isnt suitable for every circumstance, you cannot template the legal process because each case turns on its own facts

The letter should give you an idea however on whats needed

Thanks to all, will try and work it all out and send them a reply, not really up on all the legal stuff.

M

[Paul.]

Re: MJR001 UE Diary

Thanks to all, will try and work it all out and send them a reply, not really up on all the legal stuff.

M

i dont know how much i can help as i dont know what the issue is, and i dont have time to read 9 pages im afraid due to work commitments.

If you can tell me succinctly what the issues are with this case, ill see what i can do to assist

[mjr001]

Re: MJR001 UE Diary

i dont know how much i can help as i dont know what the issue is, and i dont have time to read 9 pages im afraid due to work commitments.

If you can tell me succinctly what the issues are with this case, ill see what i can do to assist

Have sent a message to you Paul

regards

M

[Never-In-Doubt]

Re: MJR001 UE Diary

Good luck