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    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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Fictitious amount on claim form


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I thought that if 6 years had passed since last payment, they could no longer enforce it?

 

Correct, if there has been no acknowledgement or payment for 6 years in England and 5 in Scotland then the debt is statute barred.

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I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

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They are having a laugh! A response to CPR is a legal requirement – they MUST comply. They clearly have no intention of sending you anything.

 

They have misunderstood the concept of providing their evidence so you can file a defence.

 

This is not a CCA request – there is no requirement for ANY fee – so they are talking crap.

 

You cannot properly file a defence without their compliance.

 

Here’s the instant reply you need:

 

Dear Tossers

 

I write with reference to your letter of XX Nov 2011.

 

Please note that it is a legal requirement for you to comply with my valid CPR 31 request. You clearly do not understand the legal protocols, judging by the content of your letter, which will be shown to the court. Further, as this is a CPR request and not a CCA request under section 78 of the CCA 1974, there is no fee payable.

 

You should be fully aware that I am entitled to sight of the documents on which you seek to rely in court in order to defend your claim.

 

Please supply the documents requested by return, failing which I shall be applying to the court for an order forcing you to disclose the documents requested. This cost will be borne by you if you fail to cooperate.

 

If you fail to respond to this letter within three days, or do not agree to a time extension in writing, I shall have no alternative but to seek such a court order.

 

Yours sincerely

 

Mad Bugger

 

Why bother if it is over 6 years since last payment as it would be statute barred?

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Weird...I posted this ages ago and it has just appeared... wtf?

 

Very odd indeed!

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just looked at those figures again.. lol.. sorry.. I think they might just have added an extra '0'.. but I agree, it is very misleading and extremely scary !!

 

I'm glad you noticed their mistake, I faxed the letter you posted regarding it taking 6 weeks to get the docs and I will call them tomorrow.

 

Truth being told I know that they can't have the so called credit agreement they base their claim on because as I've said before this is for an old current account that DID NOT have an overdraft it did in 2002 but that was cancelled in 2003 when I took out a loan.

 

Time will tell, I'll post what they say on the phone tomorrow but I've already got a N244 form ready (but not filled in) in case they will not comply.

 

Thanks to all who have posted Replies it releives the stress caused

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The plot thickens after speaking to Fairfax regarding an extension of time, they have said it will take them up to 6 weeks to get the items in POC after querying this they said they are not in posseseion of the documents and they will suspend the court claim unitl they have them and then allow me 14 days after that to inspect them and do my defence, they also said I do not need to do anything as the court will not act without their say.

 

I've asked for this in writing so I can inform the Court myself.

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That’s a fib. They either withdraw the claim or it is stayed. It is NOT up to them to tell the court to wait – you can object. I would suggest you seek an unless order demanding the documents within 14 days. Anything else is highly prejudicial to you – they issued the claim, you demand finality. How on earth could they state their claim was honest when they did not have the facts to hand? Massive abuse of process.

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I agree with DonkeyB

 

This is an utter farce and it is simply not up to Fairfax to say what will happen.

 

If you dont receive the letter from them by Wednesday, then I think you need to think about entering a negative defence which will not look to good for them or to submit an application for disclosure and time.

 

When is D Day for the defence ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worse hand in poker).

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You are unable to plead as the claimant has failed to comply with your request for documents mentioned in the claim. Your ‘defence’ would exhibit their letter of refusal to submit documents under CPR, and you would ask the court to order disclosure or strike out the claim, or at least to allow you to enter a defence when the documents are provided. We used to call it an ‘embarrassed’ defence, but that’s dangerous if not done properly.

 

Thanks again, if I do not receive the letter I will let you guys know on here and with your help I think I may have to go down the N244 route for extension of time and a disclosure of documents, I presume getting the N244 to them just before the deadline will be OK .

 

My take on all of this seems to be that they have put the claim against me with no real evidence hoping I would admit the claim thus them not having to show any proof of the claim, but as I'm defending they are now stalling to get a default judgement rather than reveal their hand (7 & 2 worst hand in poker).

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New letter arrived here is what has been written.

 

"Further to our telephone conversation today, we confirm thst this matter will be placed on hold until we have provided you with documents you requested in your letter dated 29th October 2011 and you have had reasonable opportunity to respond"

 

Thoughts ?

Thanks

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I don’t think the court will accept an open-ended delay.

 

I think you’d be better off putting in a limited defence, to which they would have to respond in 28 days.

 

That will either make them move, or bring the stuff out of the woodwork.

 

The alternative is still to put in an N244, because that proposal is unreasonable, in my opinion. They should not have litigated without knowing the facts.

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So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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So that letter is in response to your CPR15.5 request for more time ?

 

What type of solicitor is this Fairfax firm ?

 

When is your defence actually due to be submitted? Do you have time to make application for time and disclosure via N244 ?

 

Yes is this their response, no idea they are representing Arrow Global.

 

Deadline day 15th November

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