Help composing letter to solicitor, please?

[Hopeful1]

Right, here we go:
10th May posted financial statement to Arc (Egg) plus offer of 20.00 per month with a 10.00 postal order towards that payment. (Sent in normal post not recorded).
No written reply.

Discovered this website shortly after.

Just found a letter today, that i'd accidently put to side with some junk mail from Trevor Munn Solicitors acting on behalf of Arc.
Letter dated 25th April states Arc are preparing to issue a claim against me in Northampton County Court to recover debt. Solicitors been instructed to start this 10 days from date of letter unless a full or substantial payment is made and a firm commitment to pay is received. There is then the usual paragraph about a ccj and damage to credit plus court costs of 190.00. I am advised to contact Arc on legal helpline (won't do this - letter only).

17th May sent for CCA request to ARC with 1.00 PO registered post.

I've also just thought i a ought to S.A.R Egg with 10.00 PO REGISTERED POST!!.

I think i should write to solicitor to let them know i am awaitng ARC response re CCA but i do not know how to word the letter. This is the bit i wondered if come-one could help me with. If there's any other useful info - let me know!!

Since finding this site i have learnt:
No 'phone correspondence.
Registered post all the time.
Don't let people bully you.

Thank you everyone.

[PriorityOne]

Dear xxxx

Ref xxxx

Thank you for your letter of xx/xx/2007.

Your client received a legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) on xx/xx/2007. Therefore, until such times as your client is able to comply with my request, the account remains in dispute and no further action should be taken by yourselves.

If you have any queries in relation to this matter, I suggest that you liaise with your client directly.

Yours sincerely,



Hope that helps... Send it by rec. delivery....

[rory32]

Nicely put priority.........should do the trick hopeful!!

[Hopeful1]

Thank you very much. As always your help is much appreciated. I wish i had less debts - all these POs are costing a fortune!! Hopefully it'll all be worth it in the end.

Thanks again.

[PriorityOne]

Originally Posted by Hopeful1

Thank you very much. As always your help is much appreciated. I wish i had less debts - all these POs are costing a fortune!! Hopefully it'll all be worth it in the end.

Thanks again.

You're very welcome....

[majorclanger100]

Sorry to butt in on thread, but I am in same position as Hopeful1 - same letter from Trevor Munn after I've sent CCA to ARC. This might assist us both.

Are one of you clever boffs able to advise me on this query (sorry if it seems a bit daft! ). If a DCA does not own a debt, but are collecting on behalf of their client (Egg), can the DCA's solicitors threaten court action? I am wondering about this as I understood only the owner of the debt can take you to court - however the Trevor Munn letter specifically states that they are preparing court action on behalf of ARC (does not mention Egg).

[Hopeful1]

Ha! Good question! I'm guessing they can't which is pretty much what the letter posted above is telling them. I'm sending it tomorrow registered post. If the DCA can't prove they own a debt then that means they have no right to enforce it. I would then CCA Egg, who would then need to provide evidence of the legal agreement before they can pursue the debt any further. I'm also going to send Subject Access Request to Egg. Running out of 10.00 notes for all these actions, but it's so worth it.

I'm just about to go to Royal Mail to track all the CCA letters i sent last Thursday.

Let me know as and when you hear anything. Have you made any contact with Trevor Munn or are you going to?

[majorclanger100]

Hi Hopeful. LOL Yeah I know what you mean about running out of tenners - I think I'm going to be bankrupted by the cost of recorded delivery too!

I'm going down the same route as you - haven't yet made contact with Trevor Munn by am going to send the same letter as you this week. We'll have to compare notes....

What I am thinking is - if when ARC answer my CCA request they can't provide a deed of assignment and/or confirm that they are not the owners of the debt and are just collecting it on behalf of Egg, where does that leave Trevor Munn? If (and I might be assuming this and be totally wrong ) only the owner of the debt can take legal action then surely the threats of such action in the Trevor Munn letter (specifically action on behalf of ARC) are misleading. Is it something that the OFT and the Law Society should be made aware of - 'cause I'd love to report the b******!!!

[rory32]

Clanger I believe the relevant legislation you are looking for is this Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

[PriorityOne]

Originally Posted by majorclanger100

Sorry to butt in on thread, but I am in same position as Hopeful1 - same letter from Trevor Munn after I've sent CCA to ARC. This might assist us both.

Are one of you clever boffs able to advise me on this query (sorry if it seems a bit daft! ). If a DCA does not own a debt, but are collecting on behalf of their client (Egg), can the DCA's solicitors threaten court action? I am wondering about this as I understood only the owner of the debt can take you to court - however the Trevor Munn letter specifically states that they are preparing court action on behalf of ARC (does not mention Egg).

Up until fairly recently, a DCA was able to get away with threatening court action because it was rarely queried/defended. People have been so intimidated by these companies that they have just towed the line and paid, sometimes for years, without being brave enought to question anything. In this way, DCAs (and creditors) were able to prey on the vulnerable and go for a CCJ because ... when there's no defence (i.e. CCA non-compliance)... then they win by default.

One of mine tried this very recently.... .... and failed ! No-one had a CCA.

[majorclanger100]

Thanks Rory & Priorityone and well done for seeing off that DCA Priorityone - excellent!

It'll be interesting to see what happens - I am looking forward to winding up Trevor Munn immensely.....

[Hopeful1]

I'm with you on that one majorclanger100! I keep forgetting to take my T Munn letter with me, but i'm definitely doing it today. I shall wait with baited breath. Keep in touch.

I've never looked forward to getting the post like i do now i've sent off all these CCAs. I have even made the decision to answer my house 'phone now because i have the confidence to say "writing only" and put the 'phone down. Woo Hoo bring it on!

[PriorityOne]

Originally Posted by majorclanger100

Thanks Rory & Priorityone and well done for seeing off that DCA Priorityone - excellent!

Gone are the days of hiding behind sofas... ... all thanks to the CAG !

[majorclanger100]

LOL

Yes isn't it great to look forward to the post again. My wife thinks it's hilarious when I get disappointed because there's no nasty letter from a DCA waiting for me when we get home from work. She has seriously got into this too - put the fear of God up some bloke from ARC Europe last week when he dared to ring her at work (apparently he couldn't get off the phone quick enough!). Like you say PriorityOne - no hiding behind the sofa now!!!

Will keep in touch Hopeful1 - can't wait to hear what the response to our letters will be!