help please ARC /EGG

[toplad]

i few weeks ago i recieved a letter from ARC

stating they were collecting an outstanding debt from Egg.

i disputed the debt and sent a cca request.

ARC replyed stating this is nothing to do with them and if i need the CAA then i need to contact Egg myself.

i have just ignore them and i have now recieved a letter from a soliciters informing me that they are taking me to court to get a ccj.

really worried how can they do this?

any ideas please

[harrassed senior]

Load of rubbish, send the 'Account in Dispute' letter to ARC.

 

Sent the Solicitors this, and amend to suit:

 

7 Request For Information Under Civil Procedure Rules

[toplad]

thank you

[marc_30m]

Personally I sent them the "you haven't fulfilled my CCA request" letter. I've had two letters from Trevor Munn but clearly they are not from a solicitor, one is a proforma to fill out ! They're just using his letter head. It's been a month and nothing has happened. I'd love him to file a claim so he can take a trip to my home town and be told to give me some beer tokens by a judge lol

[marc_30m]

What occurred to me today was why would a DCA employ a solicitor if they had a clear cut case. It's an unnecessary business expense if you could just file a small claim action to retrieve the money IF you had the documentation to back it up !

[Guest HeftyHippo]

Who is the solicitor? Trevor Munn? Does it say they are taking you to court or does it say that they are instructed that if you do not pay in 10 days they are to start proceedings?

 

Or does it say that they are preparing papers for Northampton County Court and the only way to stop it is to pay them or contact them?

[toplad]

no trevor munn and your right it says they are taken me to court in 10 days.

[toplad]

but it does also say documentation will now be prepared for the isses of a claim - in northampton county court

[Guest HeftyHippo]

standard letters

 

IMHO, ARC cannot do anything unless Egg have sold them the debt. if they haven't said so, it is almost certain they haven't. ARC are simply being paid to chase you.

 

It is also my undersatnding, that as ARC don't own the debt, you dont owe them any money, and you haven't broken any agreement with them. they cannot therefore take you to court for something you dont owe, and cannot claim damages for a contract that doesn't exist.

 

Do what Harrased Senior says, follow the procedure for requesting info under Civil Procedure Rules. Send it to his home address (have a look for my posts in the last couple of weeks, I gave the address in one of them, or go to the Solcitors Regulation association) its Easterley Boathouse of something. it really upsets ARC when you write there.

 

He will ignore it, so in a few weeks, you can complain about him to the SRA! Fight back, and most DCAs are inclined to give up.

 

Munn will ignore it

[toplad]

thanks guys for your quick support, i will sort some letters out to sent recorded on monday.

[toplad]

just got a reply from Trevor munn today-

 

ignore my previous demand for correct paperwork.

 

new letter states claim is now ready and gives a breakdown of what i owe, court costs and solicitors fees.

they state if i ignore this letter they will proceed ti issue the claim without further notice.

 

should i just ignore or what do you think??

[toplad]

bump

[coledog]

You can write to them again and say in reference to your letter threatening court action, please refer to my CPR request sent on xxxx(date) and received on xxxx(recorded delivery date) to which I have not received a reply. I understand that in order to issue a claim through the County Courts you must be in possession of the documents to support this claim which I have requested that you supply.

 

Remind them that the debt is in dispute therefore they should not be threatening further action until this dispute is resolved.

 

Send a copy of the letters sent and received with a complaint to the SRA.

 

If they do issue a court claim you can simply defend it on the basis that they have not supplied the documents.

Edited October 12, 2010 by coledog

[toplad]

thank you