Hello! I've just discovered this site and so here goes.....

[wineaddict2020]

Silence it is!!

Still no leter before action, must have got lost in the post.........

[wineaddict2020]

Halifax

• Personal Loan
• Opened May 2013
• Approx balance - £5,000
• Date last monthly payment paid in Full - April 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default July 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Halifax

17th June 2020 - sent CCA request - no response yet, was not sent recorded as hadn't found this site at the time!

10.08.2020 - Letter from Halifax DSAR team regarding my Data subject access request. They have not been able to process my request because the personal details they hold for my client are not accurate or up to date and they need my client to take ID into a branch. This is so strange - it is addressed to me in my married name at my current address, the same address i have had for the last 11 years (with a Halifax mortgage!!) and i have been married for 10 years so not sure what they think has changed or who they think i am working for (my c;lient???)??? Oh and i didnt even make a subect access request, i just requested a copy of CCA!! And no idea which of my Halifax accounts this relates to, but for now i am just sitting on this and it has been filed!!

10.11.2020 - Letter from Halifax regarding my loan account - they have found that between 13 July 2019 and 23 July 2019 they did not always take the appropraite course of action when dealing with my account. They have calculated an adjustment and applied a credit of £1.67 to my account! Great - only aother £5,226.12 to go, i wonder if they will credit my account with that too and if they will ever even acknowledge my CCA request??

07/06/2023 - About a month ago after no contact at all since 2020 I recievd a seperate annual statement from Halifax (they haven't sent one for the previous yeats sine default) for all three of my Halifax debts. I then recieved letters for all three seperately from Westcott saying the debt has been passed to them to chase. And chase they are - very persistent with calls, texts and letters - all ignored. I will continue to remain silent.?

31.12.24

I’ve clearly missed an update on account as is now owned by Perch Group PLC.

Recieved a letter dated 9.12.24 from ACI (a perch group company) saying if don’t respond by 16.12.24 then account will be referred to TM Legal. Didn’t respond as only just opened it! Oh well!

Now have letter dated 20.12.24 (I mean Merry Christmas guys!! ) from TM Legal (also a Perch Group company ) titled ‘Notice of instruction’ saying they are instructed to issue a county court claim if I do not pay. Goes on to say if don’t pay or agree payment plan then they may issue me with a letter of claim which is first step towards issuing a county court claim. Then that might lead to CCJ etc blah blah.

Well it may lead to them issuing a letter of claim, but it also may not…. So we will wait and see if it does! They never responded to my request for a copy of CCA which I sent in 2020. Asked for extra ID which was a cop out and ignored, so maybe I’ll be asking for that again if I do get a letter of claim but until then I shall be remaining silent!

16.01.2025 No more letters, just had a couple of texts from TM Legal saying I need to contact them. I’m reading into that they don’t have strong enough case to actually issue a letter before action which they stated they would so I shall remain silent!!

25.01.25 I have now recieved what very much appears to be an actual letter before action with a form to return in 30 days before court action. It does say I can call or email for a copy of the credit agreement? Or should i just complete the form and dispute it snd say i requested CCA in 2020 and stil haven't recived it?!

25.01.25 - would rreally appreciate any advice on best course of action on letter before action. I am thinking it is to reply and request CCA but maybe not?

[XX007]

I hope someone will be able to help you soon.

I'd be inclined to do anything to delay them as you are coming upto your statute barred date so im not sure i would rush to reply.

[Night Monkey]

I'd be inclined to do anything to delay them as you are coming upto your statute barred date so im not sure i would rush to reply.

Agreed, but if this is an LBA then the clock is ticking and not replying needs to be part of a conscious strategy. I'd be minded to indicate that I would be defending any action and request documentation hoping to get it past SB but that's just me, I'm not sure how a formal LBA interacts with the SB clock.

As you say hopefully someone will be along to offer help soon.

[stuckinarut]

25.01.25 - would rreally appreciate any advice on best course of action on letter before action. I am thinking it is to reply and request CCA but maybe not?

Why not give JCS a call/or E-mail initial advice is free, and it will be very sound advice

[CAPS ESC]

Hi wineaddict2020, I hope this is not too late for you.
I would use the template letter, ammended to your specifics. Use the time available to your advantge and this could help.
LBA's are part of the legal proceedure so should be considered serious. On occasion an LBA could be just a tool to spark a response and confirm your details but you don't gain anything by assuming that. So use the template; https://all-about-debt.co.uk/forum_c...20Response.doc

[wineaddict2020]

Why not give JCS a call/or E-mail initial advice is free, and it will be very sound advice

This is exactly what I did!! Jerry at JCS was really helpful, as I don't want to do a deal with them he has advised me to ignore it and wait to see if they actually put a claim in. If i get something from a court then I will instruct JCS to handle it, which will have a cost attached, but if i send anything now it is only likely to benefit them to be able to get their ducks in row for court! So I continue to sit and wait.......

[stuckinarut]

Good luck , hope all goes to plan

[Gilly71]

This is exactly what I did!! Jerry at JCS was really helpful, as I don't want to do a deal with them he has advised me to ignore it and wait to see if they actually put a claim in. If i get something from a court then I will instruct JCS to handle it, which will have a cost attached, but if i send anything now it is only likely to benefit them to be able to get their ducks in row for court! So I continue to sit and wait.......

As I’ve said before this just flies in the face of the pre action protocols. I could suggest it is being done , not in the debtors best interest, but in the best interest of JCS. Of course as Jerry is not regulated they can say what they want. It is almost certain that not replying to a letter of claim will end up with a claim. If you ask for documents and they don’t have them maybe they will back off. Court cases take months or even years to reach court so if the documents are available they will get them anyway.

Don’t think the fixed fee charged by a lawyer will be the end of it, as soon as anything else needs doing extra costs arrive. If you need representation in court that will add costs and don’t expect to get your money back even if you win with costs awarded ( which isn’t a foregone conclusion).

[wineaddict2020]

This is exactly what I did!! Jerry at JCS was really helpful, as I don't want to do a deal with them he has advised me to ignore it and wait to see if they actually put a claim in. If i get something from a court then I will instruct JCS to handle it, which will have a cost attached, but if i send anything now it is only likely to benefit them to be able to get their ducks in row for court! So I continue to sit and wait.......

12.03.25 - In an update to this I am recieving a lot of calls and texts from TM Legal - multiple times a day and have also had another normal (ie. not LBA) letter saying need to contact them, probably overthinking it but if they were proceeding with court action wouldn't they just crack on with that instead of so desperately trying to get hold of me? I am hoping that they know they don't have enough to go to court with and are just trying to scare me into contact. But also know I am only a couple of weeks past deadline for response so it may well all be in process! We will continue to wait and see!