Piggybank

[Roger]

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)

[scottygees]

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

[Roger]

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.
.."

[scottygees]

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.

[scottygees]

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.

[scottygees]

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

[Never-In-Doubt]

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.

[Joanna Connolly Solicitors]

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

I’ve received your email.

Di

[Joanna Connolly Solicitors]

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

[Never-In-Doubt]

Thanks Diana Mayhew

[Warwick65]

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

[Joanna Connolly Solicitors]

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

[scottygees]

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?

[Warwick65]

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.

[scottygees]

So since this site was out of action the claim tracked to mediation. Only for this to be cancelled the day before because the claimant Hadn’t provided any contact details. The claim has now be tracked to the small claims court for hearing on 22nd November. Looking at the court assignment letter though indicates the claimant has to pay the court £55 before the 5th November otherwise the claim will be struck out. Seems odd that a Solicitors wouldn’t pay the relevant fee in the first instance. I have spoken with Colin from Joanna Connolly Solicitors who has provided me with a number of arguments to send off to the claimants Solicitors to get them to discontinue but to no avail. I am just a little peeved about the mediation as I was prepped and geared up For this as i was aware there is room for negotiation at the mediation hearing and that this option has now been removed from the table for me. This was only a £200 debt initially which increased to double on the back of added fees.I really don’t want to go to court. So am now getting stressed about this.