NOSIA while awaiting CCA request

Winkflower

Looking for some advice please,
My husband and I requested 5 x ccas from link the end of March after paying for over 3 years through a dmp and requested account on hold until received.
Dates due on portal changed to June so seemed to be on hold.
Recieved ccas in May that didn't seem compliant so sent 5 x disputes.
1 of these we recieved letters and emails updating and yesterday a compliant cca so will pay.
The other 4 we got radio silence but the dates due changed from June to July so we assumed they'd received our disputes and were looking into them

Today we received 4 x NOSIAs for thr other 4 but no mention of the disputes.

How shoudk we proceed?
Should they have issued the nosias? Should I ask for them to be removed? Is this a step before a ccj? Worried and not sure what to do

2 have defaulted and 2 have not.

Thanks so much all

Wx

sourcrates

Why are they sending you arrears notices when the debts have defaulted?

These are usually sent under the terms of the consumer credit act, when you have missed payments, which if you have defaulted, will no longer apply, very strange, but not an indication of pending legal action, more a case of lunatics taking over the asylum possibly.

RAS

I have a suspicion from something Winkflower said on another thread that they went straight into a DMP without getting defaults first.

DankVielen

Winkflower said:

Looking for some advice please,
My husband and I requested 5 x ccas from link the end of March after paying for over 3 years through a dmp and requested account on hold until received.
Dates due on portal changed to June so seemed to be on hold.
Recieved ccas in May that didn't seem compliant so sent 5 x disputes.
1 of these we recieved letters and emails updating and yesterday a compliant cca so will pay.
The other 4 we got radio silence but the dates due changed from June to July so we assumed they'd received our disputes and were looking into them

Today we received 4 x NOSIAs for thr other 4 but no mention of the disputes.

How shoudk we proceed?
Should they have issued the nosias? Should I ask for them to be removed? Is this a step before a ccj? Worried and not sure what to do

2 have defaulted and 2 have not.

Thanks so much all

Wx

You are right where they want you, i.e. worried and not sure what to do.

Every letter, notice, email or text is sent because the computer is programmed to send it, what they are not so good at stopping those computer processes, even when the activity is legally required to be stopped.

I suspect you wrote one email to them outlining the issues of several debts.

I find an email/letter per debt works best as debts can be managed by different people in the same company.

You can file a formal complaint for each debt they have messed up, this at least puts you closer to an FOS complaint.

Never let them know you are scared about a CCJ or they will go get one as soon as possible.

How you proceed depends on your objective, your willingness to go back to paying when documentation has been produced suggests you were not looking for a DMP or other debt solution, just getting rid of debt that is badly documented.

Try not to worry about a CCJ.

If someone plans to obtain a CCJ against you they need to send you a Claim Letter before Action in line with the objectives of pre-action conduct and protocols under civil procedure rule which state

3. 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;

(c) try to settle the issues without proceedings;

(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

(e) support the efficient management of those proceedings; and

(f) reduce the costs of resolving the dispute.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#3.1

If they fail to comply with the CCA then your response to any Claim Letter before Action would be to write to them saying they are in breach of Civil Procedure Rules, specifically Practice Direction on Pre-Action Conduct and Protocols. These require them to have exchanged sufficient information to allow you to understand each others position and make decisions about how to proceed.  As such their pre-action letter is deemed void and should they proceed with legal action you will ask the Court to dismiss the case and force them to start over after providing the information required under the CCA.