Hi there. You've probably guessed already, I have a problem :(

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Letters dispatched this morning 'signed for' post. Wrote 'for CCA use ONLY' on the back of the postal order and took a pic of this before I sent it. Lets see what happens next...

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Quick update. Nothing back from Restons or DLC yet but... I received some details back from Black Horse. To cut a long story short the last entries go like this

01/08/08 last DD payment received
28/11/08 Sale Proceeds added
17/12/08 collection activity charge added
17/12/08 posted due date charge added
17/12/08 late payment interest added
17/12/08 adjusted legal liability figure created (final balance) of £3476.42
12/20/10 written off

The figure DLC via Restons have issued the claim for is......£3476.42 which proves the debt hasn't been acknowledged by way of payment, and i'm not daft enoght to write to a DCA acknowledging liability. Time barred? I should think so

edit: Black Horse were also kind enough to confirm with me that the last time we had any kind of communication was 14th Nov 2008

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Quick update. Nothing back from Restons or DLC yet but... I received some details back from Black Horse. To cut a long story short the last entries go like this

01/08/08 last DD payment received
28/11/08 Sale Proceeds added
17/12/08 collection activity charge added
17/12/08 posted due date charge added
17/12/08 late payment interest added
17/12/08 adjusted legal liability figure created (final balance) of £3476.42
12/20/10 written off

The figure DLC via Restons have issued the claim for is......£3476.42 which proves the debt hasn't been acknowledged by way of payment, and i'm not daft enoght to write to a DCA acknowledging liability. Time barred? I should think so

edit: Black Horse were also kind enough to confirm with me that the last time we had any kind of communication was 14th Nov 2008

Hello Astro,
That's it then well and truly stat barred, are you going to " invite " them to withdraw the claim?

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I sent them a letter by signed for post on the 5th doing exactly that, so hopefully i'll have a response soon. I was sure it was SB but worried about 'phantom' token payments, but the figures from Black Horse confirm that this hasn't happened (phew).

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

I sent them a letter by signed for post on the 5th doing exactly that, so hopefully i'll have a response soon. I was sure it was SB but worried about 'phantom' token payments, but the figures from Black Horse confirm that this hasn't happened (phew).

Yes that's good news Astro, please let us know what happens.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Nil response so far from either Restons or DLC to either request. Royal Mail tracking confirms both letters were signed for the morning after they were sent. Looks like they are hoping I neglect to enter a defence. Is there a standard format I should use? And do I mention the letters I've already sent? Thanks in advance

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Nil response so far from either Restons or DLC to either request. Royal Mail tracking confirms both letters were signed for the morning after they were sent. Looks like they are hoping I neglect to enter a defence. Is there a standard format I should use? And do I mention the letters I've already sent? Thanks in advance

Good morning Astro,
If the 14 working days have elapsed with no response to the CCA request, it would be worth a quick call to the court to see if there is any development.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Still not 14 working days unfortunately. There's no change at moneyclaim online yet, might speaking to someone be better than using the Web portal?

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Still not 14 working days unfortunately. There's no change at moneyclaim online yet, might speaking to someone be better than using the Web portal?

Don't worry about non compliance with the CCA request if not complied with the debt is rendered unenforceable Until the agreement is found.
Don't chase it.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I got a copy from black horse and it's pretty much illegible so I wish them luck with that. Is there any reason to delay entering my defence? I'm thinking that it may force them to withdraw the claim when they know they have no reasonable chance of success

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

I got a copy from black horse and it's pretty much illegible so I wish them luck with that. Is there any reason to delay entering my defence? I'm thinking that it may force them to withdraw the claim when they know they have no reasonable chance of success

An agreement supplied must be easily legible in all parts, other wise it does not comply.
Yes make a draft defence ( a look at other threads will help with content and format) post
it here and we can then go through it with you.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Smashin', I'll start when I get in from work. Thanks for the speedy replies by the way

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Smashin', I'll start when I get in from work. Thanks for the speedy replies by the way

Happy to help Astro!!:santa2: nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Nearly forgot... I've not sent a CPR to Restons as yet. Is this worthwhile?

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Nearly forgot... I've not sent a CPR to Restons as yet. Is this worthwhile?

Yes, non compliance can be mentioned in the defence.

nem