What to do now please letter received from solicitor.

[alexander62]

I have had a debt in dispute for over a year now, and sent off the neccessary letters as advised on this forum. My letters to the DCAs involved have been ignored and it has been passed to different companies over the past year. It was all going ok with BLS when they decided to sell it on to AIC. I sent them the letters of dispute etc. It was then transferred to 1ST Credit. then to Credit Security Ltd. I have just received a letter from a solicitor stating they are now going to issue court proceedings if they dont receive payment in 7 days. I have no income as my wife and I are in receipt of pension credit and she has disablement allowance so there is no benefit to them to go to court as we have nothing to offer them should I write to the solicitor explaining our circumstances or just wait and see what happens ?

[Uptotheneck]

Hi

 

Which 'solicitor' is it? and when you say the account is in dispute, what is the reason?

 

Regards

 

 

David

[PGH7447]

probably a standard threat-o-gram of we may do this and we may do that

[alexander62]

The solicitor is Knipe Woodhouse - Smith the dispute is proof of CCA

[alexander62]

I dont think it is a threatogram as they dont say they may go to court, they are saying they will.

[PGH7447]

no the dispute is whether they will go to court after you reuested a cca which you are still waiting for, I would let them try then hang em out to dry

[Uptotheneck]

If its an unenforceable CCA and its pre 2007 then they dont have a leg to stand on, they are trying to frighten you in to paying.

I would ignore it for the time being, if any court papers do happen to turn up, post on here straight away and someone knowledgeable in that area will assist you.

 

 

Regards

 

David

[alexander62]

Thanks for your input David it is an unenforceable CCA and it is pre 2007. I will post any court claim I get.

[42man]

Send this recorded delivery to the solicitors

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (name of DCA or original creditor) yet I note the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[alexander62]

Thanks 42 man I will contact them with the letter you advise and see what happens then.

[Richard1973]

just wondering if you have heard anymore as i also have recieved a letter from these people threatning court action for a account that is in dispute ?

[alexander62]

Thanks for your interest. No I have not heard another word about it since I posted the last comment. I am certainly not going to worry about it, they have nothing so I will ignore them. Hope this helps you.