Help Summons Received **WON** they gave up

[gaz2954]

Help Received today summons from NELSON GUEST AND PARTNERS RE ROYAL BANK OF SCOTLAND CARD (IN FACT ITS NAT WESTY CARD )
POC STATES
"the claimants claim is in respect of a credit agreement between the claimant and the defendent , full particulars whereof having been given " they also go on to claim 8% interest add on court fee and solicitors fees .

My comments are it mentions no card number or account nothing about how debt made up etc ( I have 3 Nat west cards around same amount ) and the havent supplied me any information ie "full particulars as they say "
I WROTE SEVERAL MONTHS AGO TO NAT WEST RE THE 3 CARDS AND ASKED FOR CREDIT AGREEMENTS NEVER GOT ANYTHING BACK .
SO WHAT DO i DO NOW REGARDS GAZ

[Edz11]

Is it from Northampton County Court? (online). If so, do nothing yet. Does it look to them like you're a "head in the sand" debtor - no contact with them etc (apart from your CCA request)? I'm asking cos it's tactics...

need to know the date of claim though.

[gaz2954]

Originally Posted by Edz11

Is it from Northampton County Court? (online). If so, do nothing yet. Does it look to them like you're a "head in the sand" debtor - no contact with them etc (apart from your CCA request)? I'm asking cos it's tactics...

need to know the date of claim though.

Look just becasue I look like an ostrich doesnt mean ive my head in the sand ha ha it was Hull county court cca request wasnt sent to the solicitors it was sent to nat west , i received a letter from the solicitors in dec and january the january one i faxed them a reply saying nat west hadnt sent credit agreement and 17th Jan I sent recorded letter asking nat west to stop processing my details as they had no authority to do so as they hadnt produced agreement ... are you talking about my tactics or theirs ????

[Edz11]

Your tactics ostri - sorry, gaz.

Presumably you live near Hull. You have the 14 days to acknowledge the claim which then gives you 28 days. If you don't put an acknowledgment in they can apply for a default judgment. So your acknowledgement has to go in, in time. Now, reading threads on here it's clear some courts have several piles of paper and not link them up and they may well apply for a default judgment (and get it) even though your acknowledgment is in. So when you take it get a quick receipt (or anythiing) to show that it was in on time. So hand deliver the acknowledgment but on the last day if you can.

A couple of days before the defence is due in (28 days later) you need to send them a fax. In it you'll ask for information you need to get your defence together. That may be short notice for Neilson Gest, but they started the court claim! PM me four days before the defence is due in if I don't see your thread. Oh, make sure you have Neilson wotsit's fax number.

[gaz2954]

Originally Posted by Edz11

Your tactics ostri - sorry, gaz.

Presumably you live near Hull. You have the 14 days to acknowledge the claim which then gives you 28 days. If you don't put an acknowledgment in they can apply for a default judgment. So your acknowledgement has to go in, in time. Now, reading threads on here it's clear some courts have several piles of paper and not link them up and they may well apply for a default judgment (and get it) even though your acknowledgment is in. So when you take it get a quick receipt (or anythiing) to show that it was in on time. So hand deliver the acknowledgment but on the last day if you can.

A couple of days before the defence is due in (28 days later) you need to send them a fax. In it you'll ask for information you need to get your defence together. That may be short notice for Neilson Gest, but they started the court claim! PM me four days before the defence is due in if I don't see your thread. Oh, make sure you have Neilson wotsit's fax number.

nowhere near hull ....would be a 5 hour trip i think if i fax them a few days before defence should be in then l wont have time to do a defence will I ? Regards Gaz going to bed now cheers

[Edz11]

The Civil procedure rules apply;

Automatic transfer 26.2 (1)This rule applies to proceedings where –
(a)the claim is for a specified amount of money;
(b)the claim was commenced in a court which is not the defendant’s home court;
(c)the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside (GL) or vary default judgment – procedure) or rule 14.12 (admission – determination of rate of payment by judge); and
(d)the defendant is an individual.
(2)This rule does not apply where the claim was commenced in a specialist list (GL) .
(3)Where this rule applies, the court will transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.
(Rule 2.3 defines ‘defendant’s home court’)

So you need to post your acknowledgement off three days before (special delivery) and we do the fax five days before.

[Curlyben]

Throw this at the solicitors for starters.

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,

You MUST acknowledge service thus giving extra time to file a defence, 28 days after service.
By that time we might have a response to the CPR request, if not don't panic.

[gaz2954]

thanks for that thought that if they didnt produce credit agreement when asked for under cca etc that it was an "unenforceable debt " Ill send off acknowledgement and submit to solicitors as for transfer of case yep that applies as i am a poor consumer not a rich playbly working for the solicitors or the banks ha ha Regards Gaz

[Edz11]

Gaz - hang fire on the CPR18 request for the moment. Just make sure the acknowledgement is in on time so you get the full 28 days.

[patrickq1]

do excactly as curlyben has written......
patrickq1

[Edz11]

I'm not saying otherwise. Just don't do it yet. The more time they have then the more time they have. If they get the CPR request too soon then they are forewarned. It's all about timing.

[gaz2954]

Originally Posted by Edz11

I'm not saying otherwise. Just don't do it yet. The more time they have then the more time they have. If they get the CPR request too soon then they are forewarned. It's all about timing.

ha ha conflicting advice here ha ha if they dont have enough time though good but means i cant put in full defence ?

[Edz11]

Well, you can't put a full defence in as they haven't replied to your original CCA request made some months ago. As you've said - they haven't even identified which claim the action is for (perm any one from three...).

Did you send off your £1 with the requests you made a few months ago and did you keep your proofs of receipt? When your acknowledgment goes in that extends the 14 days to 28 days. If they have not replied to your rather short notice request for info you need to prepare a defence then you have to say why you can't a put a full defence in. "they haven't told me/given me this and that". The AQ that you will get from the "embarassed defence" will be from your local Court. Completing that gives you chance to say what you have have asked for twice previously and gives you chance to do your CPR 18 request.

Why? Well I did it this way so that when it ended up at my County Court a Judge looked at it for the first time and could see;
1) that I'd contacted the claimant prior to the defence being due - no response.
2) That they had been CCA'd - no response.

I enclosed a copy of the CPR 18 request which was short and sweet. The Judge then issued an "unless order" which meant that no response by the claimant would see their claim struck out.

And it was

[gaz2954]

Originally Posted by Edz11

Well, you can't put a full defence in as they haven't replied to your original CCA request made some months ago. As you've said - they haven't even identified which claim the action is for (perm any one from three...).

Did you send off your £1 with the requests you made a few months ago and did you keep your proofs of receipt? When your acknowledgment goes in that extends the 14 days to 28 days. If they have not replied to your rather short notice request for info you need to prepare a defence then you have to say why you can't a put a full defence in. "they haven't told me/given me this and that". The AQ that you will get from the "embarassed defence" will be from your local Court. Completing that gives you chance to say what you have have asked for twice previously and gives you chance to do your CPR 18 request.

Yes I see your point and I did send recorded
Why? Well I did it this way so that when it ended up at my County Court a Judge looked at it for the first time and could see;
1) that I'd contacted the claimant prior to the defence being due - no response.
2) That they had been CCA'd - no response.

I enclosed a copy of the CPR 18 request which was short and sweet. The Judge then issued an "unless order" which meant that no response by the claimant would see their claim struck out.

And it was

Yes I did send recorded and have proof of posting etc hate these debt collectors / solicitors make me so much work regards Gaz

[gaz2954]

You MUST acknowledge service thus giving extra time to file a defence, 28 days after service.
By that time we might have a response to the CPR request, if not don't panic.[/quote]

Just thought i d share with you what happened amended your suggestion curly see below and sent to HUll Court by e mail this afternoon got reply by telephone hed seen it given to judge who then has granted order to stay case until plaintiff has supplied the infomation I asked for and extended deadline for my defence quick work i will say regards Gaz



REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company.

I am embarrassed by your claim as it does not specify what account or
card number and lists "credit agreement " as details of claim without
supplying the aforementioned credit agreement . It also states "full
particulars whereof having been given " as nothing has been given that
is not true any cards I had with your client are under dispute as your
client has not fulfilled obligations under the CCAct 1974 and as such has
gone from being in default itself to having committed a criminal act by
not supplying the information lawfully asked for . Because of this
criminal act caused by your client any debt which does or does not exist
is unenforceable with or without a court order .

I also do not understand the interest claimed from 6/1/08 to 8/1/08 what
significance do they have ?

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 your client . The information must be furnished by the 17th February
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 Royal Bank of Scotland .
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 weremlevied.
h. A genuine copy of any deed of assignment, or proof that anyone if
applicable has 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 any third party acquired the debt, what
organisation it was acquired 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


Love this site regards Gaz

[Edz11]

You need a copy of the order and as soon as you get it you need to let us know what it says.

The ship's engines are at "full stop" but the ship is still afloat. It could restart engines and get underway at any time. The idea is to sink it with all hands...