Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Question Help composing letter to solicitor, please?

    Right, here we go:
    10th May posted financial statement to Arc (Eggicon) 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 courticon 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 Requesticon 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.

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  2. #2
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    Default Re: Help composing letter to solicitor, please?

    Dear xxxx

    Ref xxxx

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

    Your client received a legal request for a consumer crediticon 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....


  3. #3
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    Default Re: Help composing letter to solicitor, please?

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


  4. #4
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    Default Re: Help composing letter to solicitor, please?

    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.


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    Default Re: Help composing letter to solicitor, please?

    Quote Originally Posted by Hopeful1 View Post
    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....


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    Default Re: Help composing letter to solicitor, please?

    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 DCAicon does not own a debt, but are collecting on behalf of their client (Eggicon), 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).

    WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07
    LBA sent for non-compliance with Data Protection Act 28/04/07

    ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
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    Smile Re: Help composing letter to solicitor, please?

    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 DCAicon 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 SARicon to Egg. Running out of 10.00 notes for all these actions, but it's so worth it. 8)

    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?


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    Default Re: Help composing letter to solicitor, please?

    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 Requesticon 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 Eggicon, 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******!!!

    WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07
    LBA sent for non-compliance with Data Protection Act 28/04/07

    ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
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    Default Re: Help composing letter to solicitor, please?


  10. #10
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    Default Re: Help composing letter to solicitor, please?

    Quote Originally Posted by majorclanger100 View Post
    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 DCAicon does not own a debt, but are collecting on behalf of their client (Eggicon), 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.


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    Default Re: Help composing letter to solicitor, please?

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

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

    WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07
    LBA sent for non-compliance with Data Protection Act 28/04/07

    ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
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  12. #12
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    Smile Re: Help composing letter to solicitor, please?

    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!


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    Default Re: Help composing letter to solicitor, please?

    Quote Originally Posted by majorclanger100 View Post
    Thanks Rory & Priorityone and well done for seeing off that DCAicon Priorityone - excellent!
    Gone are the days of hiding behind sofas... ... all thanks to the CAGicon !


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    Default Re: Help composing letter to solicitor, please?

    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 DCAicon 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!

    WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07
    LBA sent for non-compliance with Data Protection Act 28/04/07

    ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)
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  15. #15
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    Question Re: Help composing letter to solicitor, please?

    I sent my collection of CCAs off on 17.05.07, so the expiry date will be 06.06.07. Now the fun has begun - Arc have today replied:
    "We are writing to confirm safe receipt of your payment for 1.00" and then goes on to say they've noted i do not have a payment plan in place (because they've not acknowledged my recent offer) and i must contact them, yes you've guessed it...URGENTLY, otherwise will go to solicitors etc.

    Now, firstly i won't be ringing them. My query is that i can't work out if they've used the 1.00 PO as payment against my account rather than for the CCA. Do i need to write to clarify that but say the original expiry date will still stand? If i do need to do this, could anyone help me with the layout of the letter, please?


  16. #16
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    Default Re: Help composing letter to solicitor, please?

    You don't need to do anything.... it's not up to you to remind them of their obligations under the law.




  17. #17
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    Thumbs up Re: Help composing letter to solicitor, please?

    Ok. I shall sit tight and wait for the next installment . I keep wishing time away : i wait for the post; i'm waiting for CCA expiry dates, not to mention pay day!!

    At least once all this is over i'll know where i stand one way or another and can take the time to relax.

    Thank you for your reassurance.


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    Basic Account Holder ajjars Novitiate

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    Default Re: Help composing letter to solicitor, please?

    Hi all,

    I'm in the same position with Trevor Munn (Eggicon credit card). Egg defaulted us 3 weeks after a missed payment. Maybe because they received my SARicon and knew what was coming? Anyway got a lovely bog standard letter from trevor this morning ..... same blurb as everyone else. I hope they all know how to whistle dixie ........ anyway - what I want to know is how can they quote me court costs of 140 for a 500 debt, when it would only cost me 80 to file for that amount in a county courticon?
    Do you think they might be trying to rip me off and intimidate me hoping that in my ignorance I might just pay them?

    Ha! Ha! have I got news for them ....... I'm a cagger afterall!!

    Cheers Ajjars!


  19. #19
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    Smile Re: Help composing letter to solicitor, please?

    Firstly an update on BCW (Cahoot) (CCA sent a week ago):
    2 letters received today. The one with the earliest date says the business solicitors are looking at account re attachment of earnings and asset investigation.
    The 2nd, dated a day later, says to contact them to avoid debt being passed to Business Solicitors (Thought they'd already done that!!)
    So, i'm guessing i keep sitting this out until 12 day expiry.

    Now the questions:
    In the meantime, should i S.A.R Cahoot? If yes, does anyone have an address, please?

    Also, i sent CCAs to NDR and Weightmans at the same time. RM is not showing these letters as being delivered. Because RM is unreliable could the DCAs claim they've not received my letters, in which case should i pre-empt this and send them again by special delivery?


  20. #20
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    Question Re: Help composing letter to solicitor, please?

    I'm just bumping this to see if anyone can answer the above questions here (PLEASE!), rather than starting a seperate thread.

    Thank you in advance to any takers!



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