Mystery Of the missing 6 months Advice Please

[reallymadwoman]

if you must reply (and should it ever get to court you would probably want to seem as reasonable as possible) the bemused letter sounds best, but I always add a bit saying I'm not prepared to enter into correspondence until the dispute with the original creditor is resolved.

[reallymadwoman]

Which DCA is it - i.e. are they more likely to go away if you give them a bit of detail on the dispute or if you just ignore them?

[reallymadwoman]

OK, your choice but I might be tempted to write the bemused letter adapted to include the fact that there is no agreement so OC haven't complied with CCA request therefore account in dispute.

[reallymadwoman]

I am subscribed to that thread and I'm following it, but I've never had to do the court thing so can't help.

[reallymadwoman]

From what you've read elsewhere on the forum are these solicitors likely to issue proceedings?

 

If the answer to this is yes, then it would probably be wise to write a fairly straight forward letter informing them of the dispute with the 'alleged' original creditor and the lack of documentation, but clearly state that you do not acknowledge any debt to their client so that you can raise the assignment issue as well if necessary. I don't think sending a s77/78 request at this stage would do anything other than potentially annoy a judge since you clearly know there is no documentation.

 

I know you don't want to name names, but it would be helpful to have an idea of the approximate amount involved, i.e. is it small claims?

[reallymadwoman]

I'm also a bit out of touch on DCAs and their pet solicitors, however the letter I suggested won't do any harm and might make them go away. If you're on a very low income/benefits it might be worth adding at the end 'in any event my income is less than xxx per month and I have no surplus with which to pay any alleged debt'. That might give them the idea that they could go to court but they're not likely to get much back and it is going to cost them.

[reallymadwoman]

Personally I would keep it very simple and not go into any detail. Just say your s77/78 request remains outstanding and the OC have admitted in writing that the documentation does not exist. I wouldn't bother telling them the law - they are solicitors and should know - and I would simply state that you won't enter into further correspondence. I think if you start making threats it might appear confrontational and just wind them up. Also remember the golden rule - everything you write could end up in front of a judge whom you want on your side so always appear very reasonable.