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andyb78

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Everything posted by andyb78

  1. Shoos have written. I'll send a CCA to Arrow and advise Shoos that I have done so. Thanks a lot for your help.
  2. In post #49, you advised me to CCA Shoos, which I did back then. Also CCA'd Arrow at the same time. Sent the long letter above to Shoo's too, but have never received a response to any of the three communications.
  3. It may well be, but it was supplied by one of your colleagues on here who was trying to help and be constructive! And since I did not receive any correspondence up until now, I guess that it had some kind of effect three years ago? So, to recap and be clear, your advice is to ignore the people that have written to me, but reply to the DCA whom I haven't heard from with a CCA request again?
  4. Dear Sirs, Reference: 123456789 Thank you for your letter of the xx/xx/xxxx, which for the avoidance of doubt is being treated as a formal letter before actionicon. I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently. The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”. Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claimicon. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter. You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”. For the avoidance of doubt the documents that I require to be sent to me are as follows: 1. A copy of the original credit agreement; 2. A copy of the Default Notice; 3. A copy of the Termination Notice; 4. A copy of the Notice of Assignment; 5. Copies of statements; 6. Copies of any communication between yourselves and the creditor. The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage. You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the consumer crediticon Act 1974 (“CCA 1974”). A request was made under s.77 / s.78 / s.79 on the xx/xx/xxxx and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success. Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified. I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed. You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued. I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me. Yours faithfully, Sorry, not CCA request. This is the original letter I sent to Shoos years back, the CCA went to the DCA at the same time. Did not get a response from either in terms of proving the debt.
  5. I will send the aforementioned letter with my new address included. Can I refer to the previous letter I sent, which was essentially 'I have no knowledge of the debt', with a CCA request included, or should I start a fresh? Should I CCA the DCA as well as Shoos again too?
  6. I haven't heard from any other DCA's since I moved, only these guys. I was always under the impression that they pull the data from your credit file anyway. I have drafted a letter that basically outlines the previous CCA requests that have not been met. I was then going to include the old CCA's in the envelope with the letter.
  7. Should add that the letters are getting to me via Royal Mail forwarding service, as I moved approx two years ago.
  8. Received the same letter today, advising that the 50% discount date is approaching. I forgot to mention in earlier post that there is a paragraph at the bottom of the letter stating that 'after revving my credit file, they will refer my account to their client for Warrant of Control. Basically, I will be sent a letter by an enforcement agent and within 15 days some chap will turn up on my doorstep to asses what can be sold to meet the debt. This is a step I most certainly do not want to happen. I have a very young family, last thing I need is my wife being harassed when I'm at work.
  9. Okay, thanks DX. It's always tempting to remind them of their obligations, as have found that silence sometimes makes them think of weakness.
  10. Sorry, my error, maths is terrible! Lol Ignoring the statute bit for another few months, how should I proceed? Big bold writing tempting 50% offer, then smaller text paragraph at the bottom stating that Arrow MAY proceed to a CCJ. They gave me 6 weeks to reply too, which is nice!
  11. Resurrecting an old thread here! Received another letter from Shoos as before, stating court action if I don't agree to a reduced full and final settlement. Shall I just send a letter with copies of the letters I sent back in 2015 to Arrow and Shoos stating that I do not know of the debt and do not acknowledge it. I asked for CCA's from both before and nothing materialised. Should add, I stopped paying all of my creditors back in May 2013, so technically, that should make this statute barred now by three months. If I go statute barred route, is that putting my hands up to it?
  12. That's a good point actually. I will wait out the 30 days and see what comes next. I'll update as and when I hear more. Thanks all again for your help, always appreciated and your time.
  13. Please don't think I was being standoffish, was not the intention, I just want to be careful as such. Getting close to statute on a couple of bits, last thing I want to do is stir the hornets nest. So best ignore, rather than highlight the error? I'm assuming that it's an intentional error as such, hoping that I wouldn't notice.
  14. As these forums are monitored, I don't really want to confirm or deny any possible past agreements with any possible past lenders. Is further info needed? The credit agreement is not correct to the lender, as the pdf shows. Normally I would ignore if I had submitted a CCA and they failed to supply, but this is unusual. I just wanted to establish if a reply is required and of what nature, I don't want to get in to letter ping pong if possible. Thanks for your replies.
  15. So what do I reply?! Such a random position to be in, unless this has been done before? They've long convoluted letter about putting the account on hold for 30 days for me to reply, as they've now provided evidence to prove the debt?! Thanks
  16. Here you go. The main part, which is the Morgan Stanley Agreement, as i said, the dispute is for an Egg card. Agreement.pdf
  17. Thanks, Andy. The DCA states Egg as original creditor and supposedly supplied the Egg agreement, except it isn't! I'll try and take a picture with my phone and then convert to PDF, think I can do that. Signed portion of agreement, huge on A3 to remove most of it and some obscured Morgan Stanley terms. Basically not Egg, whom I apparently owe the money to based on the document!
  18. Egg credit card, purchased by Barclays apparently, passed on to a DCA and now on to Robinson Way. Sent me a signed credit agreement for Morgan Stanley card which I had years ago. God knows how they got a hold of it mind you? They've used A3 paper for the credit agreement, to allow them to place things conveniently over the Morgan Stanley words to obscure.
  19. Hmmmmmm, not sure that going all the way to court is something I can motivate myself with right now, as much as I would love for them to drop themselves in it. What should my reply be in this instance, as I've not seen any of the standard replies cover this kind of thing before? Many thanks.
  20. Received a letter from a DCA acting on behalf of another DCA claiming that I owe an old credit card debt. Sent the prove it letter as I do not recall having this debt, they've taken best part of 6 weeks to come back to me with a letter that states they can prove the debt and have enclosed the signed credit agreement. Long and short of it, the credit agreement is signed by me and is legit, but it's for a completely different lender?!?! They've tried to obscure the lenders names so that I don't notice, but there is small print showing the lender, so i know it's not correct. My question is, can I get these guys in a big way, as they are basically fraudulently trying to back me in to a corner to pay with false paperwork. What kind of steps should I take next please? Many thanks for any advice given.
  21. I received another letter from Shoo's today asking for my income and expenditure so we can agree a payment plan. Do you think this will escalate again or they are just going through the motions?
  22. Ok, understood. I will wait and see what turns up next. Fingers crossed it might be another 18months of silence as before. Once again, thanks to everyone for advice, I really got worried about the context of the first Shoo's letter and court action. I guess it goes to show that they will stop at nothing to try and force your hand!
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