Nationwide/kpr Cca Request- now a Court Claim **WON** Notice of discontinuance

[creditcardmug]

Hi PT
Can you have a look at this thread and tell me if you think i have a strong enough case to defend.
Also if yes do i need to send a cpr request now(can you help me with that),
and which forms should i fill in and send back to the court.

I hope you can help me, as i havent done this before.

Thanks

[MilkTrayMan]

Morning CCM!

Am just off to work.
It would be better to have a very good read through previous Threads, so that U understand the processes thoroughly yourself.

If it comes down to the crunch, U WOULD have to present any arguments to a Distric Judge in Court yourself.
Peeps can only point U in the right direction so much + it would be pointless if U didn't understand what was what cos U were spoonfed.


...

[gh2008]

CCM, You need to post the POC as requested in my post#19

Here's a CPR letter, as you may notice for the wording at the end, this is courtesy of CurlyBen

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with xxxxxxxx.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. delete if not applicable
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. delete if not applicable

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

This is requesting all the information that they will be using in court and also give you a chance to file a reasonable defence.
Make sure you edit it to suit and understand what it is asking and the timescales, post recorded delivery or preferably Special Delivery.

gh

[pt2537]

Hi there

If you havent already done so,

put this letter in the post ASAP to KPR

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.


I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

XXXX (type, don't sign).

send it special delivery, nothing less as it is very urgent

now, have you filed an acknowledgement of service saying you are going to defend the claim?

also have you posted the credit agreement they sent anywhere on here?

also can you post their POCs as we need to know what we are defending and did they send you a default notice?

[andyorch]

Hi CCM

I just checked out the copy of your default notice and it would appear that this is totally invalid.The layout does not conform to the prescibed layout ie bold letters underlined ie BEFORE THE DATE SHOWN and also NOT .Also the date should be by the .../.../.... not just 14 days from said date ....

So totally invalid and also if it contained penalty fees this would also render it invalid

I trust the above is of help


Regards
Andy

[creditcardmug]

Hi pt

Here are the links to the 3 particulars of claim pages
http://i274.photobucket.com/albums/j.../nwidepoc1.jpg
http://i274.photobucket.com/albums/j.../nwidepoc2.jpg
http://i274.photobucket.com/albums/j.../nwidepoc3.jpg



The link to the default notice is on post 14 of this thread
The links to the agreement are on post 15
The request for information will be sent special delivery tomorrow

Im just looking thru the court forms now to see which to fill in and send back

[creditcardmug]

Originally Posted by andyorch

Hi CCM

I just checked out the copy of your default notice and it would appear that this is totally invalid.The layout does not conform to the prescibed layout ie bold letters underlined ie BEFORE THE DATE SHOWN and also NOT .Also the date should be by the .../.../.... not just 14 days from said date ....

So totally invalid and also if it contained penalty fees this would also render it invalid

I trust the above is of help


Regards
Andy

Hi andy

thanks for the info, im not aware of what the correct format should be,have to look it up

[creditcardmug]

Hi gh

Thanks for that im sending pt's version as below tomorrow,along similar lines though

[andyorch]

Hi CCM

No need to look it up that is the precribed format i stated therefore your Default not is invalid, does not comply.You will use this as part of your defence along with penalty charges hopefully.

Regard
Andy

[pt2537]

Pretty normal particulars of claim from Nationwide,

and since they have issued in the county court and not in Northampton County Court Bulk Centre they are up Sh*te creek without a paddle.

part 16 and practice direction 16 of the CPR clearly require that where a claim is based on a written contract it is a requirement that the contract or a copy of, is served with the claim form

now they can get around this by issuing through Northampton as this is exempt but since it was a claim started in the local county court its game over

[creditcardmug]

Hi everyone just an update, sent acknowledgement of service to court and cpr request to kpr in northhamton on 7/3 by special del. rang court today they confirmed reciept and suggested that i should have sent cpr to nationwide at swindon, so sent another today by sd, also said a good idea to send a copy to court. New date for defence to be in by 29/3, wont transfer to local court until they have seen defence.
The timelines look tight,it looks like i'll be rushing to get the defence in on time, any thoughts?

[pt2537]

ah i wouldnt send a copy to the court just yet

wait till you file your defence and attach a copy of the CPR letter to it

[creditcardmug]

Hi everyone
Further update, sent copies of cpr request to court 13/3

Received 18/3 the following from nationwide

Thank you for your letter of 6th march. I'm afraid that i am unable to gather the amount of information you have asked for within the 14 days time limit you have imposed.

I would suggest that i arrange for the information to be provided as soon as possible.
The claim against you will be put on hold until you receive our further responce and you will then have 14 days from the date of that responce to reply.

Team Leader
Lending Control Legal Services


My worry is, how do they just 'put it on hold', and if i don't send in a holding defence by 29/3, could they just get judgement by default?

Any thoughts on this anyone?