could you help me with this letter please?

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could you help me with this letter please?

Postby dognamedblue » Wed Aug 26, 2009 3:17 am

firstly thanks for any help
secondly, is this the right forum?

I misread a letter I got a couple of weeks ago, infact I only part read it & made the rest an assumption
they did admit I was bankrupt but I ignored the second page in the letter
which was a notice that they are taking me to court (I assume) by the 22nd

I would imagine that there should be some form of notification or other documentation coming any day soon
I was wondering what to do next?
many thanks in advance
a-m:d

it reads as follows:

IMPORTANT - YOU SHOULD READ THIS CAREFULLY
Notice
Served under section 76(1) of the Consumer Credit Act 1974
Account number: *****

Dear Mr ****
we refer to the above agreement that you have entered into with us. your egg loan agreement provides that the whole of the current balance outstanding on the account shall become due & payable on your bankruptcy (which is called sequestration in scotland)

on or after 22/08/09 we intend to take the following action to enforce the above condition of your loan agreement

to demand payment of the whole of the current balance outstanding on the account since you have been adjudged bankrupt/sequestrated

payments to be made:
amount of the principal of the loan outstanding: £9201.12
amount to be paid together with arrears of £9201.12

we will register this with credit reference agencies with immediate effect

IF YOU HAVE ANY DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUREITY MORE TIME.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZEN ADVICE BUREAU

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Re: could you help me with this letter please?

Postby IamallthatIam » Wed Aug 26, 2009 8:23 am

HI DNB

firstly you need to find out if they did actually go to court on the 22/08/09 ( i doubt it ) but find out for sure
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Re: could you help me with this letter please?

Postby dognamedblue » Wed Aug 26, 2009 10:58 pm

yeah their letter is a little weird
they sent a notice to tell me they were going to demand payment, no mention of court
will find out
many thanks
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Re: could you help me with this letter please?

Postby Travels » Wed Aug 26, 2009 11:56 pm

I moved house a while back and it was a couple of months till the post got sent from my old address...I got a bundle of notices from a debt-collector, a few of which were entitled 'NOTICE OF INTENDED COURT ACTION'. Thing is, some of the letters sent a couple of weeks after were reduced settlement offers, all nice as pie..! I notified them asking for clarification, and they ran away...not that I'm saying the same will happen to you, but the word 'intend' seems very telling...they've just notified you that they're thinking of doing something...doesn't mean they will..!

Also, did they give you a timescale with which to reply? If not, I'd wait six years then reply quoting the six-year rule (Section 5 of the Limitation Act 1980)...just an idea :thinks:
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Re: could you help me with this letter please?

Postby dognamedblue » Fri Aug 28, 2009 12:38 am

hey thanks very much for the info
no they just seem to give a date for when they're going to do something
no mention that I should do anything or a date
I think they've been waiting over 6 years already (?)
I would imagine it would only start from when I declared bankruptcy but I'll keep that rather good idea in mind! :)
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Re: could you help me with this letter please?

Postby Travels » Fri Aug 28, 2009 1:50 am

If the debt's over six years old matey notify them...Section 5 of the Limitation Act 1980...one piece of legislation I don't mind using..! If they say 'yeah but you consented since' remind them that the contract was not fully disclosed...I've never had any trouble after quoting this act at them, put it that way..! Good luck :shake:
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