CLI PAP letter of claim - norwegian Credit Card debt

[Ninja1337]

Hello,

 

reading forum threads previously I received several letters from CLI, but I assumed they were just template letters and could safely ignoring them, including the one where they said they would send someone to visit me (never happened). 

 

I have now received a letter again from them saying that they have been instructed by Lindorff (who again has been assigned from the orginal creditor a bank in Norway) to obtain the payment from me for a credit card that I had.

They further say "this letter is being sent to you in accordance with the Pre-Action Protocol for Debt Claims contained in the Civil Procedure Rules (CPR)."

 

They do have a silly mistake right after that which says Details of Debt (insert detail) 

 

they have attached a bunch of documents, copies of a signed debt letter from 2008 and interest calculations, and alot of documents in Norwegian.

I moved to the UK in 2013, and had no control over my debt that I owed over in Norway.

 

I now have 30 days to respond to this, what would be the best course for me, to see if they would even try this in court?

 

A few questions: 

 

As most documents are in Norwegian, would that be good enough for a court as proof?

Can I request a translated document for each part, I mean I understand them  but a UK court would not?

As I understand CLI are just collectors, so would they assign lawyers to get this to court?

The Debt is just around £2600. 

 

I assume statue barred would be the same for a Norwegian debt which is 10 years and they have renewed it over there last time in 2015 by trying to get money at "namsmannen" which is sorta like a small claims court, but basically just at the police.

 

Thanks for any replies!

[dx100uk]

see here and adapt the response in post 5

 

 

[Ninja1337]

Ok thanks I will do, as this is not UAE I assume I will just not mention the following then:

 

"Proof that UAE Court Judgement has already been gained upon said debt. - Change to Norwegian Court Judgement?
Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and

/or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . - remove this last sentence?

 

Just a quick update, they today sent the same letter again, but this time I had to sign for it.

[dx100uk]

sure

they cant really do anything 

only the original bank can

but it makes them feel important.

 

once they have your correct address they'll go quiet I bet.

they are trying for a backdoor CCJ hoping you never reply using an old? uk address

not the one they've gandered from your UK credit file via nefarious means

the fact they've now sent it recorded again too 

it typical of that scenario

 

I will guess like most stuff CLI chase

they are hoping for a knee jerk reaction and people blindly like mugs start paying them

as they think DCA's have magical powers when they don't.

 

a dca is not a bailiff

and have 

ZERO legal powers on ANY debt

let alone one from another country.

 

 

[ericsbrother]

Comparison with the UAE doesnt hold, different financial law and legal systems.

You are a UK resident as far as this goes so it is SB. What Norweay does under its own bedclothes is up to it but CLI have no say in that and cant act on anything here.

 

[unclebulgaria67]

Foreign statute of limitations can be applied in UK Courts as there is an act of Parliament.

 

If there is a CCJ equivalent from Norway issued in 2015, why are they not seeking to ask a UK Court to apply this? 

[Ninja1337]

So yes I don't think it will be SB for this reason.

 

I'll let you know once I have a further response.

 

 

 

 

[Ninja1337]

I will reply to them shortly , I am going to say the following, any other input would be appreciated.

Box D tick "I dispute this debt because I do not have enough information to know if I own this debt.

Box I tick

I need a copy of :

I need a copy of..

Original signed finance agreement together with the terms and conditions IN ENGLISH
Any notice of change in account terms and conditions that were ever issued since credit approval
Any notice of default or Norwegian equivalent that was issued by the original creditor
All and every statement of the account including how any interest has been calculated.
Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a Norwegian debt.

Any and All other statutes of law, be them UK or otherwise, that the claimant intends to rely upon should they wish to  proceed and issue a uk Court Claim .

----------

One other thing, they say that the principal debt was calculated in Norwegian Kroner and converted to GBP at the rate of £1 = NOK 10.16.

However, I think that's not a good exchange rate.. If I go back to the 28th of October,  I get the following results:

Average: 1 GBP = 11.8187 NOK

Lowest: 1 GBP = 11.7725 NOK

Highest: 1 GBP = 11.8648 NOK

 

Is there any way I can dispute the exchange rate?

[dx100uk]

Forget int rates its admittance

You cant say i dont owe it and say the above

 

As for d

Simply say you do not recognise the debt.... nothing more

As saying not enough info to know..then getting that info could result you boxing yourself in a corner

[Ninja1337]

Ok thank you, I will do so.

[Ninja1337]

About 7 months on,

I have now received a letter from CLI again,

with "bank statements that I requested" apologizing for the delay in these times and that they look forward to be hearing from me.

 

What should my next step be, if any?

All they have included is statements of payments (in Norwegian) and none of the other things I asked for. S

 

hould I wait and see until they chase further and then tell them where the rest is, or should I respond now?

 

 

[dx100uk]

ignore them

stuff and all they can do.

 

dx

 

[ericsbrother]

they have wasted a bit of time on something that is pointless for both parties.

 

A bank statement is not proof of debt, even if it shows the account is in the red because the terms of the account and any other associated accounts were not included.

 

Who knows, the Norwegian bank may have agreed a contract with you that says you don't have to pay them unless you feel like it and what proof do CLI have that isn't the case?

 

If you haven't paid a bean since 2013 they cant collect anyway as they will have to use UK law to make a claim

debt is SB and if you haven't serviced the debt in Norway since 2008 they are dead in the water there,

assuming they want to pay for a ferry trip for you in the first place

[Ninja1337]

They have now chased me for an update or else they will consult their lawyers for legal action.

I am tempted to respond to them that they still have failed to hand me:

"Original signed finance agreement together with the terms and conditions IN ENGLISH
Any notice of change in account terms and conditions that were ever issued since credit approval
Any notice of default or Norwegian equivalent that was issued by the original creditor
Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and

/or issue court proceedings concerning a Norwegian debt."

Is that a reasonable response? 

As for it being Statue Barred in the UK, is this 100% certain when they have secured themselves in Norway against it become statue barred there? 

[dx100uk]

well they need to start to get funds in for the staff xmas dinner with free money from mugs that fall for their fleecing.

almost 1yrs down the line and they are still threatening to jump off if you don't respond.

no ignore them.

don't enter into pointless letter tennis.

dx

[Ninja1337]

Isn't a PAP letter a bit more serious then just threats? Or was it more likely to hope for me to not respond to this and get an easy court case?

[dx100uk]

CLI can't raise a court claim, only the owner of the debt can.

[London1971]

That PAP letter was ages ago , they would need to send it again anyway.

 

If you wouldn't have responded to the original PAP, you would have an uncontested CCJ by now.  The likes of CLI know that if they send out 500 PAP letters at least 50% will go to an old address, or not get responded to, giving their client a green light for an uncontested, easy CCJ. That is their business model! There was a whole batch of UAE debts exactly like this about a year ago. To my knowledge not one person who asked for advice on here, and replied to the PAP letter was subject to any further action. I stand to be corrected!

 

As DX says, they are short of funds for their (socially distanced) office party this year, and are sending a few letters out to drum up some cash.

[Ninja1337]

got another letter from them, saying final notice before court proceedings. 

Saying that their client has instructed them to proceed through the courts in order to collect the debt, and if I don't pay within 7 days they will initiate a PAP again.

 

if they do a PAP again, should I just reply with almost the same response as  I did first time, since they have failed to give me:

 

"Original signed finance agreement together with the terms and conditions IN ENGLISH <- Only Norwegian provided.

 

Any notice of change in account terms and conditions that were ever issued since credit approval - Received no such things.

Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and

/or issue court proceedings concerning a Norwegian debt." - not received.

 

?

[dx100uk]

we will jump

we will

we mean it 

we do 

 

ignore

 

dx