bobogosing's UE diary

[bobogosing]

Re: bobogosing's UE diary

Hi All!

Received same letters from AIC for my MBNA and VIRGIN account 10/10/11.
Sending templates as Pixie advised.

bobo x

Hello All!

Received 2 letters from AIC for my MBNA account, they both came in the same envelope but different dates, 14th Oct and 17th Oct.
Also received same 2 letters from AIC for Virgin account and they both also dated 14th and 17th.
Do I ignore? As I have already received my CCA for MBNA account which is UE and Virgin is enforceable. Thanks for advise bobo x

[bobogosing]

Re: bobogosing's UE diary

Barclaycard 1 (Mrs bobo's)

• Type of account: Barclaycard
• Date commenced: Before 2004
• Approx balance: £3190
• Date last paid: Nov 2003 then went on DMP with CCCS Dec 2003
• Are you on arrangement or not paying: Was on DMP with CCCS, last paid in Nov 2010
• Status: Default and in arrears
• Account owner: Barclaycard

11/2/11 Send CCA
18/2/11 Received Terms and Conditions, gathered that's UE
11/3/11 Received letter from Mercers "Immediate Action Needed"
A local debt collector who may call at your home to obtain full repayment
21/3/11 Send Niddy's special http://forums.all-about-debt.co.uk/s...43&postcount=7
31/3/11 Got my 1st doorstep call, lucky I was not in. http://forums.all-about-debt.co.uk/s...p?t=338&page=9
1/4/11 Send Niddy specials yet againhttp://forums.all-about-debt.co.uk/showpost.php?p=54443&postcount=7
13/5/11 Received letter from Calder Financial asking for payment,if fail to pay, further actions will be taken
20/5/11 Sending>>Debtors Final Response - CCA Received
20/6/11 received letter from calder

Today, I received an intended litigation letter from Moorcroft for both my Barclaycard accounts (they both are at the same stages). I've already sent Debtors Final Response - CCA Received template to Calder Finanacial, whom was dealing on behalf of Barclays back in June.

Do I need to send Debtors Final Response - CCA Received templates to Moorcroft aswell or do I file away? Any advise will be greatly appreciate. Thanks in advance. bobo x

PS I recieved the letters today and they are asking me to response by 14th??

Hi All!

Received letter from moorcroft dated 26/9/11, asking for £1 fee to supply CCA.

Do I need to send the £1?

I have already sent £1 to OC (barclaycard) on 11/2 /11 to request for my CCA, and they only sent terms and conditions on 18/2/11.

Any advise please? Thanks bobo x

Received letter from Moorcroft dated 15/10/11
Filing away!

[bobogosing]

Re: bobogosing's UE diary

Hello All!

Please give advise for post #331
Do I ignore please?

Thanks

bobo x

[Pixie]

Re: bobogosing's UE diary

I'd just ignore.

[garlok]

Re: bobogosing's UE diary

Yep just ignore for now, its their problem to get BC to comply with the original request, not yours to pay again. Its likely the next you will from Moorcroft Towers is from their "Pre Litigation Department". Don't worry this is the pre school potty training group who meet daily in the basement toilets of said stately home.

Garlok

[bobogosing]

Re: bobogosing's UE diary

Yep just ignore for now, its their problem to get BC to comply with the original request, not yours to pay again. Its likely the next you will from Moorcroft Towers is from their "Pre Litigation Department". Don't worry this is the pre school potty training group who meet daily in the basement toilets of said stately home.

Garlok

Thank you garlok! So,when I receive letters from moorcroft towers, I don't need to

[bobogosing]

Re: bobogosing's UE diary

Hello All!

Hope I will get some advise on this one.
I am trying to help my friend as she is not good with computers.

Can she request CCA for her talktalk contract please?

Thanks bobo x

[Paul.]

Re: bobogosing's UE diary

No she cannot im afraid,

And since this is a letter before action by name (but not by content) you ought to reply as sanctions can be levied against you if you do not reply

The Pre Action protocol sets out the requirements of a letter of claim and a Defendants reply

2. Claimant’s letter before claim

2.1

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

(3) a clear summary of the facts on which the claim is based;

(4) what the claimant wants from the defendant;

(5) if financial loss is claimed, an explanation of how the amount has been calculated; and

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.


2.2

The letter should also –
(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.


2.3

Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

3. Defendant’s acknowledgment of the letter before claim

3.1

Where the defendant is unable to provide a full written response within 14 days of receipt of the letter before claim the defendant should, instead, provide a written acknowledgment within 14 days.

3.2

The acknowledgment –
(1) should state whether an insurer is or may be involved;

(2) should state the date by which the defendant (or insurer) will provide a full written response; and

(3) may request further information to enable the defendant to provide a full response.


3.3

If the date stated under paragraph 3.2(2) of this Annex is longer than the period stated in the letter before claim, the defendant should give reasons why a longer period is needed.

3.4

If the defendant (or insurer) does not provide either a letter of acknowledgment or full response within 14 days, and proceedings are subsequently started, then the court is likely to consider that the claimant has complied.

3.5

Where the defendant is unable to provide a full response within 14 days of receipt of the letter before claim because the defendant intends to seek advice then the written acknowledgment should state –
(1) that the defendant is seeking advice;

(2) from whom the defendant is seeking advice; and

(3) when the defendant expects to have received that advice and be in a position to provide a full response.


3.6

A claimant should allow a reasonable period of time of up to 14 days for a defendant to obtain advice.

4. Defendant’s full response

4.1

The defendant’s full written response should –
(1) accept the claim in whole or in part; or

(2) state that the claim is not accepted.


4.2

Unless the defendant accepts the whole of the claim, the response should –
(1) give reasons why the claim is not accepted, identifying which facts and which parts of the claim (if any) are accepted and which are disputed, and the basis of that dispute;

(2) state whether the defendant intends to make a counterclaim against the claimant (and, if so, provide information equivalent to a claimant’s letter before claim);

(3) state whether the defendant alleges that the claimant was wholly or partly to blame for the problem that led to the dispute and, if so, summarise the facts relied on;

(4) state whether the defendant agrees to the claimant’s proposals for ADR and if not, state why not and suggest an alternative form of ADR (or state why none is considered appropriate);

(5) list the essential documents on which the defendant intends to rely;

(6) enclose copies of documents requested by the claimant, or explain why they will not be provided; and

(7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.


4.3

If the defendant (or insurer) does not provide a full response within the period stated in the claimant’s letter before claim (or any longer period stated in the defendant’s letter of acknowledgment), and a claim is subsequently started, then the court is likely to consider that the claimant has complied.

4.4

If the claimant starts proceedings before any longer period stated in the defendant’s letter of acknowledgment, the court will consider whether or not the longer period requested by the defendant was reasonable.

5. Claimant’s reply

5.1

The claimant should provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided.

5.2

If the defendant has made a counterclaim the claimant should provide information equivalent to the defendant's full response (see paragraphs 4.1 to 4.3 above).

[Paul.]

Re: bobogosing's UE diary

PRACTICE DIRECTION PRE-ACTION CONDUCT - Ministry of Justice

[bobogosing]

Re: bobogosing's UE diary

Hello Paul!

Thank you for your adivse.

Wow!......didn't know her's is quiet serious. I am going to tell her to call them first thing in the morning and see if she can come to a solution.

Thanks again! bobo x

[Paul.]

Re: bobogosing's UE diary

Sanctions for non-compliance

4.5

The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions.

4.6

If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include –
(1) staying (that is suspending) the proceedings until steps which ought to have been taken have been taken;

(2) an order that the party at fault pays the costs, or part of the costs, of the other party or parties (this may include an order under rule 27.14(2)(g) in cases allocated to the small claims track);

(3) an order that the party at fault pays those costs on an indemnity basis (rule 44.4(3) sets out the definition of the assessment of costs on an indemnity basis);

(4) if the party at fault is the claimant in whose favour an order for the payment of a sum of money is subsequently made, an order that the claimant is deprived of interest on all or part of that sum, and/or that interest is awarded at a lower rate than would otherwise have been awarded;

(5) if the party at fault is a defendant, and an order for the payment of a sum of money is subsequently made in favour of the claimant, an order that the defendant pay interest on all or part of that sum at a higher rate, not exceeding 10% above base rate, than would otherwise have been awarded

For completeness, there is the sanctions for non compliance.

I think she ought to write to them, set out that their letter of claim does not comply with the CPR and thus they would face costs sanctions for their failings if they were stupid to litigate.

From there, id look at whether she has any grounds to dispute the matter? is the sum actually payable? or is it a phantom sum that many telecoms companies seem to conjure up.

She can offer terms within her reply, and invite them to agree by return in writing

Thats how i would approach this as it gives you written confirmation of the agreement

[bobogosing]

Re: bobogosing's UE diary

From there, id look at whether she has any grounds to dispute the matter? is the sum actually payable? or is it a phantom sum that many telecoms companies seem to conjure up.

I am afraid its payable.
How all this happen was when she cancel the D/D payments with her bank in March 2011, she thought it automatically cancels talktalk aswell.She now knows that's not the case.
She said she will be struggling to make the payments as she is a pensioner and unemployed. She will also have problems putting the letter together, as she have to be careful with the wordings.

I will let her read your advise in the morning and see how she will deal with it and go from there.

Thanks again!! Really appreciate your valuable advise and time.

[bobogosing]

Re: bobogosing's UE diary

BARCLAYCARD (Mr bobo's)

Started : 06/03
Balance : 4406
date last paid (full amount):14/09/10
Status: In arrears
send CCA and Niddy confirmed :UE
Received Final Response letter from Barclay.
13/1/11 Emailed to Niddy. For Niddy's response see post#90
Received letter from Calder Financial dated 14/3/11. Emailing it to Niddy for advise(22/4/11)
6/6/11 sent Debtors Final Response - CCA Received as Niddy advised
received letter from MKRR dated 11/10/11 see post#322
received letter from MKRR dated 26/10/11 see post#343

Hi All!

Received letter from Barclaycard:-

Also received letter from MKRR:-

Do I file away? Thank you in advance. bobo x

Hello Everyone!

Received letter from MKRR dated 26/10/11, been advised to ignore the last one I received on 16/10/11.

Do I continue to ignore and file away? Thank you in advance bobo x
PS Nice of them to offer paypoint options

[BBoo]

Re: bobogosing's UE diary

Personally I'd continue to ignore them.

[Pixie]

Re: bobogosing's UE diary

So would I