Notice of Intended Court Action

[meganelliot]

Hi,

 

I've never posted on here before. I've just buried my head in the sand for months. I've now received a 'Notice of Intended Court Action' with regard to a credit card debt.

 

I want to repay the debt but, after being made redundant last year, funds are tight. I would be willing to offer them £50 a month but I wouldn't be able to afford anymore.

 

Can anybody advise, in their experience, whether such a small payback plan would suffice? I won't mention the exact debt but it is over £7000 but less than £8000. I just wanted to see whether anyone had any experience of this before I ring the company that has been hounding me on the phone for months (although I've never answered it!).

 

I'd appreciate any help whatsover.

 

Kind regards

[cerberusalert]

Moved to Debt Collection Forum.

[Guest Cartaphilus]

I just wanted to see whether anyone had any experience of this before I ring the company that has been hounding me on the phone for months (although I've never answered it!).

Keep everything in writing. Don't waste your phone bill calling. There will be no record of anything if you call them and they can later claim they have no knowledge of any such conversation with them. Just an example BTW of what can happen. And be a total waste of time in the end.

 

If you want to offer them a small payment ... it's personal choice of course but there are also other options to pursue ... such as requesting a CCA off them.

 

You mention this:

 

funds are tight. I would be willing to offer them £50 a month but I wouldn't be able to afford anymore.

I think you need to ask yourself very seriously are you actually in a financial position to afford this much per month. You mention funds are tight? Why I mentioned the CCA route above.

 

With regards the 'Notice of Intended Court Action' letter ... What is the exact wording of this letter? Can you let us see it here?

 

It often helps, too, knowing which card issuer it is so then some here can offer advice who have dealt with them before. Also, whom has sent this letter to you? Is it a debt collection agency or still with the creditor?

 

I should also mention this as well, as you mentioned phoning them ... If you offer them £50 they would likely agree or go into the usual scripted nonsense 'our client won't accept anything less than xxxx and we can halt any further action if you make a payment now showing your willingness to pay?' Can you see what they are doing if they ask you that on the phone (as so many of them do)? Asking for your card details. Just also mentioning this as that's a major NO in this, once they have your card details they will think Xmas has come and once on the automatic continuous payment treadmill very difficult to stop. That is one scenario you may encounter in phoning them.

 

Whilst I am thinking of other things, but if you offer them £50 ... that is already a strain on your finances now but suffice to say they will also try to pressure you into increasing that at a later stage.

Edited May 25, 2010 by Cartaphilus

[harrassed senior]

It is probably usual mights, maybes, could, am considering etc.

 

As Cartaphilus has said, never, ever speak to them on the telephone, get everything in writing.

 

It may be wise to send a CCA Request, to find out if this alleged debt is even enforceable, then, upon receiving the results the ball will be firmly in your Court to offer payments YOU can afford.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign