Notice of Proceedings - ???

Nicki_Sue

I received this yesterday:

Notice of proceedings - Pursuant to the County Courts Act 1984

Blah

We therefore give notice pursuant to the County Courts Act 1984, that proceedings to recover this debt, together with Solictitors fees and cost will be instigated imediately in the Rotherham County Court.

Balh

Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £760.69 should be made payable to Debt managers Ltd... Blah.

Its a debt for Littlewoods which has been sent from DCA to DCA and is now with Debt Managers LTd. What does this letter mean and what do I need to do now? Its from DM Ltd and I have forms to send to all creditrs tomorrow (including this one) and stuff t cccs as Im startinga dmp from 1st Oct.

Any advice MUCH appreciated xx

fermi

It's a letter they might send if they were about to start court proceedings.

It's also a letter they might send if they have no intention of going to court, but just want to make you think they are to put extra pressure on you. :rolleyes:

So, hard to tell.

How old is this debt? Have you requested a CCA for the account?

Nicki_Sue

We stopped paying in March and its a catlogue bill. Havent requested CCA but cccs have them down on my dmp so hopefully once they get that (very soon) they'll back off (won't hold my breath). I'm guessing its a push (shove) but can't tell.
Grr! Although it won't solve our problems overnight I'll be glad when the dmp gets started!

stapeley

If a debt is passed from DCA to DCA , you should request a notice of assignment and a copy of the true signed CCA . Without either of these pay not a penny !

Nicki_Sue

Ok, thanks I'll do that tomorrow - am guessing there is a templated letter somewhere. I've not requested a CCA from anyone, as I know I owe what I owe if you know what I mean. What exactly would Littlewoods have to produc to enforce my debt? Presumably a signature? I know I havent signed for anything in terms of credit agreement for Littlewoods or Empire Stores but not 100% sure what asking for a CCA from them would achieve? Thanks

fermi

When did you start this agreement?

There is the CCA letter and an explanation in this factsheet.

Link: Factsheet | Catalogue debts

Nicki_Sue

Oooh thanks Fermi - I'll have a gander now x

fermi

In your situation where you intend to pay the debt through a DMP, if the DCA can't supply an agreement then they would be foolish to start court proceedings and they may accept the DMP quicker.

Again, can I just check when this debt was taken out? It does have some bearing on whether the creditor can enforce the agreement if no CCA can be supplied.

Nicki_Sue

Its an ongoing catalogue bill ie paid off, added to, nearly paid off added to, not paid off but added to (fool). I took the catalogue out um must be 6+ years ago - does that make any difference?

fermi

Nicki_Sue wrote: »

Its an ongoing catalogue bill ie paid off, added to, nearly paid off added to, not paid off but added to (fool). I took the catalogue out um must be 6+ years ago - does that make any difference?

If the agreement was taken out before the 6th Aril 2007, then unless the creditor has a valid signed CCA they should not be able to succeed if they take it to court and you defend it.

The DCA/creditors know that, which is why a CCA request may put you in a stronger position here.

Nicki_Sue

Ahh I see (and have had a look through). I'll write off tomorrow (at the same time I post my DMP notification letter), like you say- it certainly can't hurt. Thanks ever so much for your help.

Now I just have to ring the new DCA that came yesterday, typically AFTER I completd all my cccs paperwork to get new payment details ie sort code/account etc. Just what I don't need as know they'll be arsey. Hey-ho. We'll have to see.

Thanks again