Solicitors Letter

Dexter274

harveybobbles wrote: »

Coming upto 6 years, chancing their luck.

Will be 6 years next October typical!

BillJones

harveybobbles wrote: »

Not sure how i'm lying

OK, I'll spell it out for you, then.

You said that the company cannot ask. This is not true, the company can indeed ask, and clearly already has.

You are seeking to conflate their ability to ask with a requirement to answer.

Come on, this is not hard. Try to give honest advice here, you are doing more harm than good with your repeated lies, half-truths and obfuscations.

Dexter274

Well ive had a letter back from the solicitors in response to the Prove It letter and they've said 'we are taking our client instructions on this matter and therefore your account has been placed on hold'
So will see what happens / what is sent to me next.

sourcrates

Dexter274 wrote: »

Well ive had a letter back from the solicitors in response to the Prove It letter and they've said 'we are taking our client instructions on this matter and therefore your account has been placed on hold'
So will see what happens / what is sent to me next.

As you have asked for proof of the debt, and not sent a CCA request, what they will likely send back are just account statements, after this, your next step should be a CCA request (a request for a copy of your agreement) they don't have to provide this with a provit letter, only a CCA request, which will cost you £1.
Its as Martin says, "another move in the dance" keeps the DCA quiet, allows you time to sort your finances out, etc etc.
Even now today, if they cant produce it, they cant get a CCJ against you in court, most lenders will send a reconstituted version to you, which is fine, so its always worth doing this.

Dexter274

What do you mean when you say most lenders will send you a reconstituted version?

sourcrates

Dexter274 wrote: »

What do you mean when you say most lenders will send you a reconstituted version?

If the account was opened after April 2007, the creditor can send you what they call a "reconstituted agreement".
Essentially this means they can cobble one together using information held on there systems, if they don't hold that info, or it never existed, they cant make it up, but usually they manage to produce something.
For accounts opened prior to April 2007, they are supposed to produce an original copy, in practice however,(and there have been court cases where precedence has been set) this is not 100% correct, other information held on there systems can be used to prove the account was opened, although lenders do tend to back off if there are paperwork issues, as its simply too costly to fight every case out in court.
And if the agreement no longer exists, or never existed, they cant simply make one up, even today, if a creditor fails to fully comply with a CCA request, they cant obtain a CCJ against you until they do comply.
Hope that clarifies things a bit