Arrow/Shoosmiths Pre-Legal Letter

[iyam71]

My partner received one of these this morning - it was from an old but not SB'd Halifax credit card debt.

 

However Arrow have already gone down this route before through Restons.

They sent the same pre-legal letter in December 2017, but failed to produce any documentation after we sent a CCA request.

 

Would the best way to respond simply be to point out that we are still awaiting a copy of the agreement from Restons over a year and a half later?

Or can the fact that they couldn't provide it mean that this new letter can be viewed as an empty threat.

 

As always any advice would be much appreciated.

 

 

[dx100uk]

if its not a letter of claim from a solicitor under the pre action protocol rules

then safe to ignore

when was the last payment?

 

tell us about the debt history too.

 

[iyam71]

Thanks for your reply.

 

It's a letter from Shoosmiths giving notice of court action within 30 days unless repayment terms can be agreed. As far as I can see it complies with all of the pre action protocol rules you highlighted.

 

The card was taken out in February 2001 according to both solicitor letters. I don't think any payments were missed until August 2015 when financial circumstances changed.

 

 

[dx100uk]

then its a pap loc and you must reply as post 2 here

 

 

because..your client and a previous solicitors have failed to comply with a previous CCA request nor supply any relevant enforceable agreement to date

[iyam71]

Thanks for your help.

 

Will print out the form and get it in the post asap.

[dx100uk]

open

[iyam71]

Thanks for reopening the thread.

 

Finally got a letter back from Shoosmiths. No original credit agreement, just reams of statements and a set of conditions of use containing the name and address of my partner. They want a reply by 23rd Dec despite us only receiving the letter a week ago.

 

It ends by saying 'any further action may include the issuing of legal proceedings without further reference or notice'. It's not a pre-action protocol letter but we've already had one anyway, albeit 15 months ago. I know it's probably too late to do anything about it now but any advice would be most welcome (it's statute barred in 8 months and I wonder whether it's a last throw of the dice or they are serious).

 

 

[AndyOrch]

Reply to what.....? 

 

Look they issued the PAP Sept 2019...you complied they failed to respond......if they were going to litigate it would have been 2019....they will have to reissue the PAP again if their veiled threats are true.

[London1971]

Ignore, until they send another PAP.  Relax you will be in the clear in 8 months

[iyam71]

Well that's a relief. Thought they'd long since disappeared until last week. Thanks for the info.

[dx100uk]

never think a debt is over till you send the sb letter

 

dx