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  • #31
    Originally posted by Diana Mayhew View Post
    My suggestion is send a s77 CCA Request to the Debt Collection Agent named in the Letter of Claim.

    I would send a copy of that CCA Request to the law firm (AJJB Law) who have sent you the Letter of Claim to make them aware of the situation.

    Depending on what, if anything, you receive from the Agent or AJJB Law you can reply to the Letter of Claim before 11th April. I expect you will tick Box D to dispute the debt unless they produce a compliant credit agreement.

    Di
    Send their emails to SPAM!

    I think you should follow Di's advice!
    ".. I expect you will tick Box D to dispute the debt unless they produce a compliant credit agreement.."
    And they haven't have they? So tick the Box D (and no need to tell them what they already know! NO CCA)

    Comment


    • #32
      Originally posted by Roger View Post
      Send their emails to SPAM!

      I think you should follow Di's advice!
      ".. I expect you will tick Box D to dispute the debt unless they produce a compliant credit agreement.."
      And they haven't have they? So tick the Box D (and no need to tell them what they already know! NO CCA)
      Thanks so just dispute without giving a reason? No worries I will do that nearer the deadline date. Thanks

      Comment


      • #33
        Originally posted by scottygees View Post

        Thanks so just dispute without giving a reason? No worries I will do that nearer the deadline date. Thanks
        Di also said optionally about requesting for the Default Notice however note what Di added about Piggybank is in Administration
        AND
        there is this national crisis and then governments advice about only going out to work if strictly necessary. Probably much harder to produce the necessary documents! Hence trying to frighten with threats!!
        If it was me I would just add the tick and Post back!!
        "..
        (c) at the Letter of Claim reply stage you can ask for the Default Notice since I think there may be an issue if it was served by email unless you gave express permission for that
        possibly
        hidden in the small print in any Ts & Cs which they would need to evidence in conjunction with your s77 CCA Request.
        Since the client (Piggybank) is in Administration it may be hard for anyone to produce the necessary documents. However I can't promise that.
        Let's see what happens.
        .."

        Comment


        • #34
          Originally posted by Roger View Post

          Di also said optionally about requesting for the Default Notice however note what Di added about Piggybank is in Administration
          AND
          there is this national crisis and then governments advice about only going out to work if strictly necessary. Probably much harder to produce the necessary documents! Hence trying to frighten with threats!!
          If it was me I would just add the tick and Post back!!
          "..
          (c) at the Letter of Claim reply stage you can ask for the Default Notice since I think there may be an issue if it was served by email unless you gave express permission for that
          possibly
          hidden in the small print in any Ts & Cs which they would need to evidence in conjunction with your s77 CCA Request.
          Since the client (Piggybank) is in Administration it may be hard for anyone to produce the necessary documents. However I can't promise that.
          Let's see what happens.
          .."
          Thanks Roger. I will simply tick dispute and see what they come back with. They will be well aware of my CCA request and know they haven’t been compliant.

          Comment


          • #35
            7th April 2020-LBC returned to CRS Box D ticked to dispute. No dispute reason given. I will await their next move.
            UPDATE-LBC signed for on 9th April
            10th April email received from CRS we still haven’t had a satisfactory response to the LBC, court action imminent. I am assuming correspondence has crossed here.
            Last edited by scottygees; 10th April 2020, 15:17.

            Comment


            • #36
              28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?

              Comment


              • #37
                Originally posted by scottygees View Post
                28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?
                Don't do anything yet - do not defend or anything. Send an email to enquiries@joannaconnollysolicitors.co.uk and say you were sent from AAD. Attach a copy of the claim form and also a link to here (your thread).....

                I have directly emailed both Jo & Di advising them I asked you to make contact. Good luck.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #38
                  Originally posted by scottygees View Post
                  28thMay- court claim now received from Northampton business centre date 27th May. How should I respond?
                  I’ve received your email.

                  Di
                  Legal Disclaimer

                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #39
                    Originally posted by scottygees View Post
                    how should I respond to the LBC when it is time bearing in mind the CCA request is still currently outstanding.

                    They have not complied with your CCA Request sent on 18th March so don't send another one.

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #40
                      Thanks Diana Mayhew
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment


                      • #41
                        Oops
                        sorry I was on my phone and missed their non compliance with your CCA request

                        Im sure Di will give good advice , hopefully they didn’t plead a DN

                        Comment


                        • #42
                          Originally posted by Warwick65 View Post
                          hopefully they didn’t plead a DN

                          I couldn't possibly comment

                          However, hypothetically speaking, if they did plead a Default Notice then they would be asked to produce the document which may be tricky since the Claimant appears to have gone into Administration in December 2019 after intervention by the FCA for various reasons.

                          Di
                          Legal Disclaimer

                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #43
                            Originally posted by Diana Mayhew View Post


                            I couldn't possibly comment

                            However, hypothetically speaking, if they did plead a Default Notice then they would be asked to produce the document which may be tricky since the Claimant appears to have gone into Administration in December 2019 after intervention by the FCA for various reasons.

                            Di
                            Di i'll await your advice on how to proceed. I assume I have 14 days to file the AOS?

                            Comment


                            • #44
                              You have 14 days from service so it is 19 days from the date on the claim form. If that is a Friday I would do it early as if the website goes down you would have to email it. Personally , and only because I worry, I would do it a couple of days before the deadline.

                              Comment

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