Help - Court Papers Recieved

10past6

Hi YM

Have you received any defalt notices or termination letters re the court action account?

Yummy-mummy

10past6 wrote: »

Hi YM

Have you received any defalt notices or termination letters re the court action account?

The letter from Triton is headed "Final Notice Do Not Ignore" so don't know if that counts as a termination letter but have had no default notices for the loan account at all.

10past6

Final notice letter, then legal action

Is that correct?

At no stage have they sent you a letter stating you're in breach of your agreement?

Yummy-mummy

The final notice letter says in order to avoid further action we must pay the debt in full and if this is not possible, contact them within 7 days which I did. Failure of these things would then result in them commencing legal action.

The only mention of the credit agreement is in a letter from RBS dated 23.09.08 and the same letter dated 21.11.08 (obviously computer generated) where it states

"Please note that as you are unable to keep within the terms of you original agreement we are obliged to report to the Credit Reference Agencies that you have entered into an arrangement with us. As this arrangement is outside the terms of your original agreement this may affect your ability to obtain credit from other lenders."

10past6

So your argument is going to be, they only allowed you 7 days to seek advice, then commenced legal action

Yummy-mummy

Is that a strong enough argument?

The letter from Incasso dated 09.02.09 states payment should be made within 7 days. In default of payment within the time specified, legal action will be taken without further notice.

10past6

Do you have a copy of the agreement you signed to hand?

Yummy-mummy

Unfortunatley not. Is it too late for me to request the agreement?

10past6

A CCA request is pointless ONCE litigation has commenced, however, as this is the early stage of litigation, I suggest you send the following letter of to them, they have 40 days to comply, include a £10.00 postal order for the fee.

I would have suggested a CPR letter, but if they fail to comply with your request, you stumped until a hearing, this way they MUST reply and therefore give you enough time to file a defence:

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST

Date: xx:xx:xxxx

Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX


I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letterif an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Your Faithfully.

10past6

If you understand the above, let me know.