threatened with court action on old alleged debt (complicated)

[steves3]

Hi,

I was a member of the forum several years back and got some very helpful advice when going through a bad patch. First time back on here for ages as a problem has just loomed up and need to just gather some helpful opinions on the best way to procede.

Just received a letter from solicitors saying will be issuing court proceedings if i do not make arrangements to repay an alleged debt by 30th November. This is a follow on to a letter from a dca that claimed to have bought an alleged credit card back in 2009.

Cutting a long story short i went through the motions with cca request etc back in 2009, actually sent two and also the £1 fee.

The response was that the account was put on hold till they obtained this information this was back in 2009 still. I have copies of all this still.

In the past 6 years i have received one letter basically saying they could not provide the agreement etc and would be taking no further action unless they could find it in the future. I have this also although not to hand at the moment.

Now a couple of weeks ago i received a letter saying as i have not responded to their previous communications (none for several years and the last being the letter saying the don't have the agreement etc) i needed to conatct them by phone urgently to arrange a repayment programe or they would instruct solicitors to issue court proceedings.

Obviously i did not phone them and assumed they were just fishing to see if they got a response.

Now have just received a letter from solicitors saying if i do not issue proposals to repay the date within 2 weeks they will issue county court claim.

They also point out if i dispute the debt they are happy to negotiate outside of court.

Not sure how to procede. Do i follow up the cca request from 2009 and the response received from them? Send another cca request?

Also i believe this alleged debt is statute barred in any event. I guess depends what and when they did something with the £1 fee for cca?

Just a but of background. I have never tried to get out of paying debts.

I had 100k on credit cards back in the late 90s, early 00s and did go onto a dmp due to the interest etc. Was paying back almost 2k a month for a period of time untill i lost my job.

At that point things were in a muddle for a few months, had a nervous breakdown etc but we did get a dmp up and running again with all debts we were aware of.
It was complictaed as there were about ten accounts in total and various dca attemting to collect and debts changing hands etc.

Everything we could tally up was put on a dmp and dealt with.

These people just started asking for money and could provide no info whatsoever and alleged account numbers that matched nothing on our records.

Had they supplied the info they would have been added to dmp back in 2009.

I was checking the paperwork i have in detail last night. The original contact made to me in regard to this was in August 2009. I have never paid a penny.
It would appear by looking at the original letters sent to me about the alleged debt and the one i have just received threatening court action that the alleged balance has reduced by £1.00.

So i assume that at some point between 2009 and now the £1 fee for the cca request has been applied to the account.

Any thoughts gratefully received before i have another nervous breakdown.

Cheers

[Deepie]

Re: threatened with court action on old alleged debt (complicated)

I'd be telling them it's SB ...if it were me

[steves3]

Re: threatened with court action on old alleged debt (complicated)

I'd be telling them it's SB ...if it were me

Thanks for the reply, i was thinking this. My only concern is they are likely to claim is not the case and will have applied the £1 cca request fee to the account sometime in December.

Likewise they have not supplied the signed agreement as requested in 2009.

I need to send a letter but am concerned about the wording so as not to reset the sb clock.

Any help gratefully received.
Thanks

[Never-In-Doubt]

Re: threatened with court action on old alleged debt (complicated)

Just received a letter from solicitors saying will be issuing court proceedings if i do not make arrangements to repay an alleged debt by 30th November. This is a follow on to a letter from a dca that claimed to have bought an alleged credit card back in 2009.

Hi

1. Who was the creditor
2. When did YOU last voluntarily pay into the account
3. Who is the solicitor and who is the creditor now (possibly a DCA)
4. Did they ever respond to your CCA request from 2009?

Don't do anything yet until the above is answered. Thanks

[Never-In-Doubt]

Re: threatened with court action on old alleged debt (complicated)

I need to send a letter but am concerned about the wording so as not to reset the sb clock.

No, I don't think you need to do anything right now - please see my last post before doing anything. We'll guide you and keep you right, so answer the questions and we'll help sort this.

[steves3]

Re: threatened with court action on old alleged debt (complicated)

No, I don't think you need to do anything right now - please see my last post before doing anything. We'll guide you and keep you right, so answer the questions and we'll help sort this.

1,alleged debt being chased by capquest who claim to have bought an mbna debt.
2. i have never paid anything since they fist contacted me in about August 2009, i do have a file with all letters etc.
3.Letter from drydansfairfax saying they are instructed to issue court procedings if repayment proposals not made by end of month.
4. i sent a cca request in October 2009 and a revised one in December 2009. The response originally was that the account was on hold for 28 days. I then heard nothing for a few years and then got a letter saying they could not supply the agreement and the matter was therfore on hold and they would not persue unless they could supply the agreement in the future.

Heard nothing since then till couple of weeks ago saying i needed to contact them urgently as i had not responded to previous communications (there hadn't been any)
Then this letter from drydens.
Thanks, hopefully can sort this out.

[PlanB]

Re: threatened with court action on old alleged debt (complicated)

i sent a cca request in October 2009 and a revised one in December 2009. The response originally was that the account was on hold . . . . and then got a letter saying they could not supply the agreement and the matter was therfore on hold and they would not persue unless they could supply the agreement

Then this letter from drydens.

From what you say there is an unfulfilled CCA request from 2009 which means they can't enforce the debt in court. (As well as the debt being possibly SB)

Capquest were bought by Arrow last year. Who is named as the creditor in the Drydens letter?

How much is this debt?

Plan B x

[steves3]

Re: threatened with court action on old alleged debt (complicated)

From what you say there is an unfulfilled CCA request from 2009 which means they can't enforce the debt in court. (As well as the debt being possibly SB)

Capquest were bought by Arrow last year. Who is named as the creditor in the Drydens letter?

How much is this debt?




Plan B x

Hi, thanks for reply.
Creditor is named as capquest. Alleged debt is roughly 7k.

Thanks..

[PlanB]

Re: threatened with court action on old alleged debt (complicated)

See what Niddy says, but I would never ignore a solicitor's letter even if you're confident the debt is unenforceable. They won't know that unless you tell them.

You shouldn't tell them why it's UE but my attitude is to tell them the basics. In your case the creditor is in default of your s.78 CCA request. Full stop. Better still you have a letter from their client Capquest admitting it.

It may be SB but breach of s.78 should be enough to shut them up. Keep the SB argument up you sleeve especially since it's touch-and-go on the dates.

i have never paid anything since they fist contacted me in about August 2009

That letter is a LBA so if it was me I'd be telling them about the s.78 CCA breach because there's always the risk that if they do issue proceedings they could make greater efforts to come up with an acceptable recon once the legal juggernaut starts to roll.

Nip it in the bud now.

Plan B x

[Never-In-Doubt]

Re: threatened with court action on old alleged debt (complicated)

1,alleged debt being chased by capquest who claim to have bought an mbna debt.
2. i have never paid anything since they fist contacted me in about August 2009, i do have a file with all letters etc.
3.Letter from drydansfairfax saying they are instructed to issue court procedings if repayment proposals not made by end of month.
4. i sent a cca request in October 2009 and a revised one in December 2009. The response originally was that the account was on hold for 28 days. I then heard nothing for a few years and then got a letter saying they could not supply the agreement and the matter was therfore on hold and they would not persue unless they could supply the agreement in the future.

Heard nothing since then till couple of weeks ago saying i needed to contact them urgently as i had not responded to previous communications (there hadn't been any)
Then this letter from drydens.
Thanks, hopefully can sort this out.

Ok thanks for the info - they are currently in breach of s.78 and so cannot enforce and it appears to be SB as well. I would respond to the legal threat as follows - just edit the bold parts but otherwise leave it as-is as it covers you.....

Send this to Drydens.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and note the content within.

I politely request that you revert to your clients because I have previously been advised that this account will not be pursued due to not having the original agreement and I find the content and tone of your letter not only intimidating but extremely threatening in nature. I refer you to Principle 1 and section 7 of FCA CONC.

Please be advised that any legal action will be vehemently defended with consideration of a costs order being made based on your unreasonable behaviour by commencing litigation whilst a formal and quite serious dispute remains outstanding.

Yours faithfully,


Sign Digitally

Good luck - keep us updated if and when they reply. If a claim is issued do not worry - we'll help and you have a VERY good defence as things stand.

[steves3]

Re: threatened with court action on old alleged debt (complicated)

Ok thanks for the info - they are currently in breach of s.78 and so cannot enforce and it appears to be SB as well. I would respond to the legal threat as follows - just edit the bold parts but otherwise leave it as-is as it covers you.....

Send this to Drydens.....

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx and note the content within.

I politely request that you revert to your clients because I have previously been advised that this account will not be pursued due to not having the original agreement and I find the content and tone of your letter not only intimidating but extremely threatening in nature. I refer you to Principle 1 and section 7 of FCA CONC.

Please be advised that any legal action will be vehemently defended with consideration of a costs order being made based on your unreasonable behaviour by commencing litigation whilst a formal and quite serious dispute remains outstanding.

Yours faithfully,


Sign Digitally

Good luck - keep us updated if and when they reply. If a claim is issued do not worry - we'll help and you have a VERY good defence as things stand.

Great, thankyou. Should i mention statute barred? No risk of sending a letter resetting the clock? Thanks

[Never-In-Doubt]

Re: threatened with court action on old alleged debt (complicated)

Great, thankyou. Should i mention statute barred? No risk of sending a letter resetting the clock? Thanks

Re-read my post - what do I say....?

I would respond to the legal threat as follows - just edit the bold parts but otherwise leave it as-is as it covers you.....

No -leave it as-is as it covers you. If we wanted to give away the ace card then fine tell them, but then we cannot help you once they issue a claim. It's a game of poker not a tell all love story!

** I tend not to make mistakes, there's logic in everything I do.

[steves3]

Re: threatened with court action on old alleged debt (complicated)

Re-read my post - what do I say....?




No -leave it as-is as it covers you. If we wanted to give away the ace card then fine tell them, but then we cannot help you once they issue a claim. It's a game of poker not a tell all love story!

** I tend not to make mistakes, there's logic in everything I do.

Great thanks. Will try and stop panicking now.

[Never-In-Doubt]

Re: threatened with court action on old alleged debt (complicated)

Keep us updated & don't worry. You'll be fine

[PlanB]

Re: threatened with court action on old alleged debt (complicated)

I tend not to make mistakes, there's logic in everything I do.

Are you sure about that?



Plan B x