Advice Needed Please

[Misterzeus]

Good afternoon,

 

Mr Z has a query with a certain DCA/Bank; I don’t want to name ‘names’ at this point for obvious reasons.

 

Anyway, Mr Z defaulted with a bank loan in Dec 07, but has been paying a token payment every month until the middle of this month when:

 

A DCA sent a letter of “intended litigation”, so Mr Z responded with a Civil Procedure Rules (Pre-action directions – Protocols 4.6 template) letter. Meanwhile, another letter from the DCA arrived, headed NOTICE OF LITIGATION.

 

Mr Z responded to that one with a variation of the Civil Procedure Rules – a request made under CPR31.14 (thanks CitizenB), but that’s by the by for now as it was only posted yesterday.

 

Today, Mr Z has received a letter from the DCA who state:

 

They acknowledge receipt of his letter (the first one) and are in the process of requesting a copy of his Consumer Credit Agreement.

 

They go on to say they are pleased to note that Mr Z is aware of the Civil procedure Rules and would simply draw his attention to the Overriding Objective set out in Part 1.1 of the rules and more specifically Parts 1.1.2 © and (d). We have read the CPR parts they mention – even though they have cocked up on the number on the second one, we understand it.

 

They go on to say basically that they believe some of the information requested seems to relate to issues that may not be in dispute. They also say that they believe some of the information requested is subject to legal privilege having prepared in contemplation of possible litigation.

 

They go on to say:

 

We write therefore, to ask whether you accept the fundamental principle here that you have made application for and have been granted credit in relation to the account in question.

 

They add further: Could you please confirm to what extent, if any, you are prepared to admit liability for any credit advanced to you.

 

They finish with: We reserve the right to produce a copy of this letter to the court and refer to any response or lack of the same from you in the event that proceedings are issued or if it is not possible for us to reach an agreement. We confirm that in the absence of information to the contrary from you, that this is a simple debt recovery matter and it is our objective to reach a sensible and affordable payment arrangement with you on behalf of our client.

 

What I am asking is this:

 

Should Mr Z ignore this latest letter and wait and see what the second letter sent to the DCA (CPR31.14 request) brings?

 

Mr Z feels that he should respond to this latest letter from them but is not quite sure of what he should say.

 

Any help would be greatly appreciated as always, thank you.

 

Kind Regards

 

Mrs Z

[Docman]

Respond by asking for a copy of the credit agreement, quoting S78 of the Consumer Credit Act 1974 and enclosing a £1 postal order.

[diamondgirl]

Good afternoon,

 

Mr Z has a query with a certain DCA/Bank; I don’t want to name ‘names’ at this point for obvious reasons.

 

Anyway, Mr Z defaulted with a bank loan in Dec 07, but has been paying a token payment every month until the middle of this month when:

 

A DCA sent a letter of “intended litigation”, so Mr Z responded with a Civil Procedure Rules (Pre-action directions – Protocols 4.6 template) letter. Meanwhile, another letter from the DCA arrived, headed NOTICE OF LITIGATION.

 

Mr Z responded to that one with a variation of the Civil Procedure Rules – a request made under CPR31.14 (thanks CitizenB), but that’s by the by for now as it was only posted yesterday.

 

Today, Mr Z has received a letter from the DCA who state:

 

They acknowledge receipt of his letter (the first one) and are in the process of requesting a copy of his Consumer Credit Agreement.

I would just remind them of the time scale for producing this

They go on to say they are pleased to note that Mr Z is aware of the Civil procedure Rules and would simply draw his attention to the Overriding Objective set out in Part 1.1 of the rules and more specifically Parts 1.1.2 © and (d). We have read the CPR parts they mention – even though they have cocked up on the number on the second one, we understand it.

I would point out their error

They go on to say basically that they believe some of the information requested seems to relate to issues that may not be in dispute. They also say that they believe some of the information requested is subject to legal privilege having prepared in contemplation of possible litigation.

I would ask what info requested do they say may not be in dispute and what info requested is subject to legal privilage

 

They go on to say:

 

We write therefore, to ask whether you accept the fundamental principle here that you have made application for and have been granted credit in relation to the account in question.

I would say I am not prepared to accept or deny any response to this question

 

They add further: Could you please confirm to what extent, if any, you are prepared to admit liability for any credit advanced to you.

I am not prepared to answer this question in view of any possible litigation

 

They finish with: We reserve the right to produce a copy of this letter to the court and refer to any response or lack of the same from you in the event that proceedings are issued or if it is not possible for us to reach an agreement. We confirm that in the absence of information to the contrary from you, that this is a simple debt recovery matter and it is our objective to reach a sensible and affordable payment arrangement with you on behalf of our client.

I would ask why do they require response to the above if this is a simple debt recovery matter

 

What I am asking is this:

 

Should Mr Z ignore this latest letter and wait and see what the second letter sent to the DCA (CPR31.14 request) brings?

 

Mr Z feels that he should respond to this latest letter from them but is not quite sure of what he should say.

 

Any help would be greatly appreciated as always, thank you.

 

Kind Regards

 

Mrs Z

 

My own personal answers would be something along the replies in red but obviously it is your own decision. They are obviously trying the scare tactic of possible court action but with lowlife you never know what they intend to do.

 

DG

[Misterzeus]

Good morning, Mrs Z here.

 

Docman thank you for your advice, but the DCA have said that they are in the process of requesting Mr Z's Consumer Credit Agreement

 

diamondgirl, thank you for your advice, we will compile a letter to the DCA using your kind suggestions, much appreciated

 

Thanks again

 

Kind Regards

 

Mrs Z

[diddydicky]

you cant use a cpr 31.14 request in response to a LBA

 

this is for use ONLY to obtain documents/information referred to in the POC

 

expect therefore not to receive a response to this request

Edited January 31, 2010 by diddydicky

[diddydicky]

this will do the trick

 

 

I admit entering into an agreement with the Claimant and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which the Claimant may or may not have complied therewith and the extent to which I may or may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

Edited January 31, 2010 by diddydicky

[Misterzeus]

Thanks for your response diddydicky,

 

Unfortunately, the CPR 31.14 letter will have been received by them by now! However, I was under the impression that if you wanted an executed copy of the CCA, CPR 31.14 was the best route to take anyway?

 

Regarding your second post, quote:

 

"Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part".

 

Mr Z cannot state this as the Consumer Credit Agreement requested hasn't been sent yet, I think they may have something to say if he did say it!

 

Thanks again

 

Kind Regards

 

Mrs Z

[diddydicky]

simpler then, to wait until the 12+2 days for compliance are up -if they dont respond then you an answer their letter as suggested since you would then deduce from their silence that a compliant agreement may not exist

[SHELBELLE]

Subbing, I have an identical letter received yesterday.

 

Watching with interest.

 

S.B.

[SHELBELLE]

Misterzeus/Diddydick

 

Sorry to hijack your thread, nut as mentioned have exactly the same letter as you state.

 

I have taken the liability of stealing extracts from Diddydick and Diamondgirl ( well copied word for word really!) and just wondered if one of you could look at my thread "Sainsbury's credit card, No CCA, now Default Notice Advice Needed"

 

Once again sorry to hijack but perhaps we can join forces???

 

 

Many thanks

 

S.B.