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  • FIRST POST
    • crxvt
    • By crxvt 13th Sep 18, 9:46 PM
    • 16Posts
    • 0Thanks
    crxvt
    CCI Troubles - Please Help!
    • #1
    • 13th Sep 18, 9:46 PM
    CCI Troubles - Please Help! 13th Sep 18 at 9:46 PM
    Dear MSE,


    First of all massive thanks to all the people supporting individuals here, so refreshing that people are willing to help where they can.


    After reading so much i am still confused and need a few points clarifying on what my next steps should be.


    I received a letter from CCI Credit Management few weeks ago with the letter headed 'Letter Before Action'.


    First question is as these guys are not solicitors, can they enforce this LBA which then ends up in Court Summons more then likely? i have read in several places that they must be a solicitor who does this?


    They have said in the letter they are acting on behalf of Leeds Teaching Hospitals who are they clients.


    The letter states it is being send in accordance with the Pre-action Protocol (PAPDC) contained in the Civil Procedure Rules.


    They have also asked me to complete a



    1) financial statement
    2) reply form


    They have not included in original documentation and have only included the date and amount and description of and invoice number. nothing with my name on it.



    The outstanding amount being collected is for a Salary Sacrifice Lease Car charges. I thought i had dealt with this issue years ago as this was back in 2012 with their finance department, however clearly not and now its come to haunt me again.


    I disputed the charges because part of the charges being sanctioned on me was when i did not have the vehicle and it had already gone back to the supplier. The other part of the charges i disputed as I was off sick from work and then my contract was terminated without me present as they would not re-arrange. therefore I put the onus on the hospital for the reason i could not complete the term of the car lease making any charges void.



    Would really appreciate someone advising what should my next steps be?


    I dont have any documentation anymore/letters or anything.


    Thank You
Page 1
    • sourcrates
    • By sourcrates 13th Sep 18, 10:04 PM
    • 15,269 Posts
    • 14,362 Thanks
    sourcrates
    • #2
    • 13th Sep 18, 10:04 PM
    • #2
    • 13th Sep 18, 10:04 PM
    Hi,

    A letter before action is your chance to come to an amicable arrangement with the creditor, before progressing to court.

    If you cannot come to an agreement, or you deny oweing the money, then the next step is a claim form, you would either admit the debt in full, in part, or you would defend the claim.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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  • National Debtline
    • #3
    • 14th Sep 18, 11:15 AM
    • #3
    • 14th Sep 18, 11:15 AM
    Hi crxvt,


    First question is as these guys are not solicitors, can they enforce this LBA which then ends up in Court Summons more then likely? i have read in several places that they must be a solicitor who does this?
    Originally posted by crxvt

    The letter before claim doesn't have to be sent by a solicitor in order to be valid. It just needs to be sent by the creditor who is in control of the debt, so you will need to reply. You have 30 days to reply and please ensure that you use the reply form. If you are unable to dispute the debt successfully, or come to a payment plan, the creditor can issue court papers.

    They have not included in original documentation and have only included the date and amount and description of and invoice number. nothing with my name on it.

    The outstanding amount being collected is for a Salary Sacrifice Lease Car charges. I thought i had dealt with this issue years ago as this was back in 2012 with their finance department, however clearly not and now its come to haunt me again.

    I disputed the charges because part of the charges being sanctioned on me was when i did not have the vehicle and it had already gone back to the supplier. The other part of the charges i disputed as I was off sick from work and then my contract was terminated without me present as they would not re-arrange. therefore I put the onus on the hospital for the reason i could not complete the term of the car lease making any charges void.
    Originally posted by crxvt

    You can use the reply form to dispute the debt if you wish to. You can say that you don't recognise the debt and ask for more document and/or you can select the box to try and dispute some of the debt (i.e. the charges) or all of it. Please be aware that the charges issue may be more complicated that you think. Although you put the onus on the hospital, that doesn't mean that is the case, and you will need to check the terms and conditions of the agreement regarding the termination process, charges and liability.


    The age of the debt may also be relevant under something called the Limitations Act. Under the limitations act, a debt can be statute barred if there has been a 6 year block of time, since the debt fell due, with no written acknowledgement, payment or court action started. Please be aware that this letter is not considered the start of court action under limitations. So, one thing to consider is when in 2012 did this fall due? You may find it easier to speak to one of the free debt charities, but please don't ignore this letter.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Just Di
    • By Just Di 14th Sep 18, 3:58 PM
    • 60 Posts
    • 24 Thanks
    Just Di
    • #4
    • 14th Sep 18, 3:58 PM
    • #4
    • 14th Sep 18, 3:58 PM
    I received a letter from CCI Credit Management few weeks ago with the letter headed 'Letter Before Action'. . . .

    They have said in the letter they are acting on behalf of Leeds Teaching Hospitals who are they clients. . .

    They have not included in original documentation and have only included the date and amount and description of and invoice number. nothing with my name on it.

    The outstanding amount being collected is for a Salary Sacrifice Lease Car charges. I thought i had dealt with this issue years ago as this was back in 2012 with their finance department . . .

    I disputed the charges because part of the charges being sanctioned on me was when i did not have the vehicle and it had already gone back to the supplier. The other part of the charges i disputed as I was off sick from work and then my contract was terminated without me present as they would not re-arrange. therefore I put the onus on the hospital for the reason i could not complete the term of the car lease making any charges void. . .

    I dont have any documentation anymore/letters or anything.
    Originally posted by crxvt
    As Laura has said you need to respond to that Letter Before Claim a.s.a.p even if the 30 days have expired.

    If the amount they are chasing is over 10k (is it?) then any claim would be allocated to the Fast Track where the loser normally has to pay the other side's costs so Pre Action Protocol matters.

    If you dispute the debt you can tick Box D and then go to Box I to request documents.

    The onus of proof is always on the Claimant which you say is likely to be Leeds Teaching Hospitals so I would send them a Subject Access Request to see what information they have on file.

    That could be a way of establishing whether this debt has the potential to be Statute Barred since you say you thought matters were resolved in 2012.

    CCI Credit Management have an in-house legal team (that's who probably sent you the LBC) but they usually outsource litigation to one of their panel solicitors so you need to get that response back before that happens.

    There's no need or requirement to complete the Income & Expenditure Form unless you are admitting the debt and want to pay by instalments.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. Any posts I make are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you're unsure please seek formal legal guidance
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