Negotiating with my Creditors

DjangoUnchained

fatbelly said:

The clock only stops ticking with the issuing of a claim. They could do this immedia tely but would be in breach of the pre-action protocol for debt claims, which requires them first to i ssue a specified letter and reply form, and allow 30 days for its return

does the pre action letter and reply come from the court? thinking theres nothing to stop them lying and just saying they sent it

fatbelly

No it gets sent by the.creditor. Everyone seems pretty good in sending them.

sourcrates

DjangoUnchained said:

fatbelly said:

The clock only stops ticking with the issuing of a claim. They could do this immedia tely but would be in breach of the pre-action protocol for debt claims, which requires them first to i ssue a specified letter and reply form, and allow 30 days for its return

does the pre action letter and reply come from the court? thinking theres nothing to stop them lying and just saying they sent it

No, from the creditor, the court only deals with actual claims, there role in the process is more of an adjudicator between the two parties, they check to see if due diligence has been done, whether the pre-action rules were followed, and then look at evidence from both parties, they make a decision based on that.

MarkNottage

DjangoUnchained said:

runforlife said:

In addition I’d say also ask for proof of the debt. Have the current creditors got all of the required paperwork from the original creditors. You’d be surprised as to how many don’t. I’ve written off over £10000 of NatWest debt because the debt collection agency couldn’t find the original agreement. Takes a bit of doing and endless letters back and forth but worth it. Go to the “prove it” forum to see how to do it. 

not sure why you have had endless letters back and forth. I simply wrote once for my CCA, they wrote back saying they were waiting for it. Job done. Until they can come up with it (over 5 years now) i just ignore any other correspondence, phone calls and texts, simples.

Many thanks for your comment and please forgive my ignorance but what is a "CCA?"

fatbelly

Depends on the context.

Here it is being used to mean Consumer Credit Agreement

I often use it to mean Consumer Credit Act

To use both senses of the acronym...

It's s77-79 of the CCA that requires them to send a copy of the CCA and it's unenforceable until they do.