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Old 5th March 2008, 10:35   #21 (permalink)
gaz2954
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Default Re: Help Summons Received

Further to last e mail received fuller poc from court as solicitors rude as in previous .
here is synopsis
No agreement
around 60 statements of card and the following
"The claimants claim is in respect of outstanding monies owed by defendent to teh claimant pursuant to an agreemnet entered with Nat west Bank . The agreement entered on ............teh agreement was for the use of a visa credit card the card number being ........
The defendent did not make payments or agree a reaosonable arrangement claimant seeks judgement

So it mentions agreemnet many times but sned no agreement which was asked for in my letter see on previous posts . I have 4 days to put in defence can someone help . As reminder nat west sent £1 for copy of agreemnt never supplied and all letters etc all sent recorded never answered etc so in my mind they are in default have committed offence and still havent seen if they ahev any agreemnt or even a properly executed one comments and help please Regards Gaz
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Old 5th March 2008, 11:02   #22 (permalink)
andyorch
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Default Re: Help Summons Received

Hi Gaz

I presume you have acknowledged service with intention to defend in full have you requested via CPR 18 any information with regards to their claim.If not i suggest you do this as soon as possable even though you have left it a tad late with 4 days to your defemce submission.Get one off G/D next day nothing less giving say 7 days to respond.


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. This letter supersedes the Data Protection request made to on the **DATE**. 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 **CREDITOR**.
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.
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.

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,

Regards
Andy
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Old 5th March 2008, 11:12   #23 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Hi Andy i already sent that before to them and they ignored it and sent copy to court and court ordered them to submit full particulars of claim and 14 days after that was served I had to do a defence but they ignored what i aske d for and just sent the poc in previous posts etc
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Old 5th March 2008, 11:16   #24 (permalink)
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Default Re: Help Summons Received

Hi Gaz

Is your claim from Northampton Bulk claims just wondering re time limits


Andy
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Old 5th March 2008, 11:25   #25 (permalink)
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Default Re: Help Summons Received

Andy, while it is gratifying that you are trying to assist Gaz rehashing advice that has already been given is a complete waste of time.

Gaz so these "people" have completely failed to disclose the required information as set out in the Order from the court in post #18.

I would bring this to the courts attention that they are trying to frustrate proceedings by NOT supply all material that has been requested.
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Old 5th March 2008, 11:36   #26 (permalink)
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Default Re: Help Summons Received

Hi Gaz

In an attempt not to rehash any more advice I would personaly send this off today G/Del next day.

Post this to the Court and to the Claiments Sols










For the Attention of the Case Manager
in the matter of




V gaz 2954




Claim Number

In Northhampton Court





Court Address



Your Address

Dear Sir or Madam,

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

I would like to inform the court of some difficulties that I am experiencing
with this claim, which may prevent me filing a fully particularised defence
and counter claim to this action, and may consequently frustrate proceedings.

On insert date, I sent the claimant a formal request under the consumer credit agreement, for account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information.

On insert date, I also sent a request under the Civil Procedure Rules, for the claimant to send me information in respect of each account in the claim, that I consider is vital in order to produce a defence and counter claim.

I enclose a copy of this letter and Reply, and ask that the court consider the matter and take any action it deems appropriate.


Yours Sincerely,


Enc:-letter requesting disclosure.CPR 18


Regards
Andy
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Old 5th March 2008, 13:27   #27 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Hi Andy & Curly in answer to all your question this isnt northampton court wont give court in case someone is reading this but it isnt my court and eventually it will be if its progressed sent to my local court ....yes I sent draft mentioned in post before they ignored it I sent a copy to court of what I first sent asking for copy of agreement etc court asked plaintiff to submit full particulars of claim i didnt ask them to make an order but the court did of own choice but didnt ask defendent to send copy of agreement or answer my letter in full regards gaz
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Old 5th March 2008, 20:25   #28 (permalink)
tomterm8
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Default Re: Help Summons Received

That's another fine letter of mine, andy, it is gratifying that you like my material so much.

it however isn't really appropriate where the failure is of the claimants to fulfill a disclosure ordered by the court, where:



For the Attention of the Case Manager
in the matter of



V gaz 2954

Claim Number

In Northhampton Court



Court Address

Your Address

Dear Sir or Madam,

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

With respect to District Judge XXXX order of the XXXth (a copy enclosed) I regret to inform the court I have still not recieved the information as ordered.

Is it possible the claimants soliciters have mistakenly served the information on the court, and not to me personally? Or failed to receive the order for some reason?

I am afraid this is causing a delay in my being able to settle this matter amicably, or file a defence

Yours Faithfully,

XXXXX. (Type don't sign)
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Old 5th March 2008, 21:18   #29 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Hi Tom
Perhaps I haven explained properly i sent letter asking for all facts for poc and copy agreement copy judge ordered claimant to put full particulars of claim he didnt actually say to claimant to send copy of agrerment though it might be implied comments please regards gaz
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Old 5th March 2008, 21:26   #30 (permalink)
tomterm8
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Default Re: Help Summons Received

Oh, in that case, have they actually ammended their particulars of claim? Until they do, there really isn't much you need to do at this stage. What was the text of the order?
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Old 5th March 2008, 22:26   #31 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Quote:
Originally Posted by tomterm8 View Post
Oh, in that case, have they actually ammended their particulars of claim? Until they do, there really isn't much you need to do at this stage. What was the text of the order?
I already posted what they said before when they resubmitted their poc "No agreement was sent around 60 statements of the card and the following
"The claimants claim is in respect of outstanding monies owed by defendent to the claimant pursuant to an agreement entered with Nat West Bank . The agreement entered on ............the agreement was for the use of a visa credit card the card number being ........
The defendent did not make payments or agree a reasonable arrangement claimant seeks judgement they also claim 8% interest

So it mentions agreement many times but they sent no agreement which was asked for in my letter see on previous posts . I have 4 days to put in defence can someone help . As reminder I snet to nat west sent £1 for copy of agreement never supplied and all letters etc all sent recorded never answered etc so in my mind they are in default have committed offence and still havent seen if they have any agreement or even a properly executed one comments and help please Regards Gaz

Last edited by gaz2954; 5th March 2008 at 22:33.
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Old 9th March 2008, 02:50   #32 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Quote:
Originally Posted by gaz2954 View Post
I already posted what they said before when they resubmitted their poc "No agreement was sent around 60 statements of the card and the following
"The claimants claim is in respect of outstanding monies owed by defendent to the claimant pursuant to an agreement entered with Nat West Bank . The agreement entered on ............the agreement was for the use of a visa credit card the card number being ........
The defendent did not make payments or agree a reasonable arrangement claimant seeks judgement they also claim 8% interest

So it mentions agreement many times but they sent no agreement which was asked for in my letter see on previous posts . I have 4 days to put in defence can someone help . As reminder I snet to nat west sent £1 for copy of agreement never supplied and all letters etc all sent recorded never answered etc so in my mind they are in default have committed offence and still havent seen if they have any agreement or even a properly executed one comments and help please Regards Gaz
Help please running out of time
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Old 9th March 2008, 22:40   #33 (permalink)
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Default Re: Help Summons Received

Hi Gaz


sorry but i have been busy with family matters

ok

so i need to check a couple of things,

firstly, did you CCA them, by this i mean did you send at any point in time a letter asking for a copy of the credit agreement pursuant to section 78(1) of the Consumer Credit Act 1974 along the one pound cheque or postal order?

if you did , did they reply to it?

Also in response to the CPR letter that has been posted a few times on this thread, did you get any response at all?

now i also note that they have had to amend their particulars of claim, was this an order from the court on a N24 form?

if it was what did the order state they must do and by what date?

i have a very good holding defence which i am sure we can amend to suit your situation so if you can provide the above info i will post it up
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Old 10th March 2008, 01:55   #34 (permalink)
gaz2954
Classic Account Customer
Default Re: Help Summons Received

Quote:
Originally Posted by pt2537 View Post
Hi Gaz


sorry but i have been busy with family matters

ok

so i need to check a couple of things,

firstly, did you CCA them, by this i mean did you send at any point in time a letter asking for a copy of the credit agreement pursuant to section 78(1) of the Consumer Credit Act 1974 along the one pound cheque or postal order?

if you did , did they reply to it?

Also in response to the CPR letter that has been posted a few times on this thread, did you get any response at all?

now i also note that they have had to amend their particulars of claim, was this an order from the court on a N24 form?

if it was what did the order state they must do and by what date?

i have a very good holding defence which i am sure we can amend to suit your situation so if you can provide the above info i will post it up

Thanks for reply
In answer to your questions
Yes i cca them many months ago they didnt answer and yes it was sent by recorded delivery with payment . .
The CPR letter they didnt respond to either
Yes they amended poc as per previous posts but says little more than before andthey didnt even send me copy !!!! .
Order by court stated they must send amended poc by 27th February and I was to send defence 14 days after that so time running out .
Remember though their claim mentions "agreement " several times they havent enclsoed it and in fact as Ive sent £1 before and they havent sent it CPR asked for it and they didnt send it maybe they havent got one at
all .... just hoping but i fhey havent why take the risk to take me to court .....by sending 60 statements perhaps they hope to persuade the judge that they can use that for proof of the debt . Also point out there is default on my file cant remember getting anything for that either . There are also penalty charges(whcih i havent claimed yet ) but not for amount they have summoned me for which is a lot lot more regards Gaz
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Old 10th March 2008, 09:28   #35 (permalink)
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