Bryan Carter, Littlewoods, Fredpay Help needed urgently**WON***

[mikecymru]

ok paul,

Thanks

Yes I have done both of those things

I sent the letter on the 5th special delivery delivered on the 6th December.

I gave them 14 days as per your template.

So they should respond with documents by the 20th/21st at the very latest, (Highly unlikely) but I also need to submit ny defence by 26th.

I think the MCOL are not online that week. so I will need to post, with the christmas post will this be possible? or have I got it all wrong?

Mike

[pt2537]

Originally Posted by mikecymru

ok paul,

Thanks

Yes I have done both of those things

I sent the letter on the 5th special delivery delivered on the 6th December.

I gave them 14 days as per your template.

So they should respond with documents by the 20th/21st at the very latest, (Highly unlikely) but I also need to submit ny defence by 26th.

I think the MCOL are not online that week. so I will need to post, with the christmas post will this be possible? or have I got it all wrong?

Mike

Right then mike,

heres the plan,

i will post a defence for you to consider, its up to you if you use it or not and is offered purely as a guide / help as i am not a qualified lawyer,

the best thing to do is consider that on the 20th if nowt comes through, get this to the post office and send to the court by special delivery

my defences are too big for Mcol anyway

[postggj]

not butting in
send it by special delievery
they will get it next day

[pt2537]

Mike

can you post the particulars of Claim which should be on the claim form,

obviously dont post any account nos or personal details but we could do with knowing what they are claiming on the form

[mikecymru]

Thanks paul

I will take a look, it will be a lot better than I can do I can assure you of that.

Have you used it before? and was it successful?

How do you know all this stuff? are you training to be a lawyer?

Mike

Thanks for your help

[mikecymru]

Paul

Is this what you mean?

The client is phoenix recoveries

Amount claimed 113,92
court fee 15,00
solicitors costs 50,00
total 178,92


Thanks

Mike

[pt2537]

Hello Mike,

well, im a 3rd year law student and hoping to beccome a lawyer, well actually a Barrister hopefully

ive helped a few people with regards to their defences

http://www.consumeractiongroup.co.uk...ns-urgent.html

http://www.consumeractiongroup.co.uk...cj-letter.html

http://www.consumeractiongroup.co.uk...urt-claim.html

http://www.consumeractiongroup.co.uk...o-cca-but.html

so have a read through

[pt2537]

Originally Posted by mikecymru

Paul

Is this what you mean?

The client is phoenix recoveries

Amount claimed 113,92
court fee 15,00
solicitors costs 50,00
total 178,92


Thanks

Mike

Hi Mike,

it should say something along the lines of

"the claimant claims money owed under a contract between parties blahblah blah"

[mikecymru]

Thanks Paul,

I will need to check it tonight when I get home, I'll post it up then.

Mike

[mikecymru]

Paul,

the particulars are as follows.

The claimants claim is for the price of goods sold and delivered by the claimant to the defendant

Particulars

Claimants ac no. xxxxxxxxxxx
to goods sold between 01/07/2002 and 30/06/2007 and the claimant claims 110.25

The claimant also claims interest thereupon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 3.67



113.92 amount claimed
15.00 court fee
solicitors costs 50.00
total 178.92

thats the lot.

Cheers

Mike

[pt2537]

oh dear,

they are not too clued up these littlewoods people are they,

mike can i just confirm, this was a little woods credit account ? the type where you call up and order goods and pay them off weekly at x pound per week?

[mikecymru]

Paul,

Yes as far as we can remember it was such a long time ago.

but according to my wife yes.

Why? whats the deal?

[pt2537]

no its not a problem,

what it is , these companies try to avoid being bound by the CCA 1974 by claiming that its for goods sold,(they seem to try that where they dont have a credit agreement). well they cant, their service was provided under the CCA and thats that

they are talking out their ass if you ask me

regards
paul

[Curlyben]

If that's the case this thread is well worth a read.
http://www.consumeractiongroup.co.uk...ail-order.html

[mikecymru]

That seems pretty sneaky!

Our attack is still the same though right?

mike