Possible letter when threatened with court action

fatbelly wrote: »

I was pm'd by someone who had had a threat of a court claim on a debt where the creditor had never responded to a cca request. I tried to reply that if the debt was coming up to being statute barred I would leave it alone but if only a year or two into that period I might engage using a letter like this.

I couldn't reply as the poster blocked my pms but in order not to waste a standard letter here it is.

Dear Sirs

Ref: xxxxxx

Thank you for your letter dated XX XXXX 2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copies of the following:

1.The credit agreement;
2.The default notice;
3.The notice of assignment;
4.Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on [INSERT DATE YOU SENT YOUR CCA REQUEST] and I am awaiting a response from your client.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

sourcrates wrote: »

Hi,

If paid within 28 days the CCJ won't appear on your file, but the default still will.

Get in touch with them to pay it off, but as a condition of that, make sure you ask them for your credit file to remain clear of this debt, in your negotiations.

How soon are you exchanging contracts as the court case could take a few months.