Court action threatenend**WON**

[angnnig]

Hello, I hope someone can advise me ,I just cant work out what to do for the best.
About a year ago "Robinson way debt collection agency"bought my credit card debt off "Capital one".I have been paying £20 a month of the debt.I missed 1 payment in december ,due to bieng on a low income and the cost of xmas ,ie 3 young kids.and they have now arranged court action against me.adding court cost ,thier interest and solicitors fees.I have sent an acknowledgement to the court asking for more time.As i already have complaint against "capital one "for unlawfull charges with the FOS .The debt left is £819 and the unlawfull charges are £758 including interest acrude over 6 years .I have borrowed £61 from my sister to pay "robinson way" to reduce the debt down to £758 the exact amount for the unlawfull charges.but i,m not sure of what to do next.should I put a defence in against robinson way.and counter claim .or just put in a court action claim against capital one .any advise would be greatly appriciated thankyou ,
kind regards angnnig

[pt2537]

Hi there

when was the claim issued? can i also ask what have you done with regards to acknowledging the claim, did you file an acknowledgement of service and what did you say? did you state you were going to defend the claim?

how old was the credit card? when was it taken out roughly ? can you also post their particulars of claim without the personal details, you can type them if you like as we dont need to look at the claim form

sorry for all these questions but its helpful to know whats happened and happening so we can advise further

regards
paul

[42man]

YES definately defend !!!

[angnnig]

Hi paul ,thanks for your reply.The claim was issued on the 17th january 08.Sent an acknowledgement of service to defend all of the claim.The credit card is was took out in 2002 and the particulars of the claim are as follows; The claimant claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained and the claimant claims the sum of £819.75 interest pursuant to s69 of the county court act 1984 at the rate of 8% from the 1/03/07 to date ,320 days is the sum of £57.50,future interest accruing at the daily rate of .18 for costs.kind regards angnnig

[pt2537]

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).

ok, 1st thing monday morning fire that off to them, amend to suit,

send it via special delivery, nothing less due to the urgency of the situation, we need to make sure they get it asap

[angnnig]

Hi 42man ,Thanks for your advice. kind regards, angnnig

[angnnig]

Thanks paul ,for your help.I will do that first thing monday.What do you think my chances are of winning ,kind regards ang

[pt2537]

chances of winning i cannot say, and it would be horribly wrong to do so

however, what i can say is i will help you to defend this, alot depends on if they can produce a signed credit agreement that conforms to the CCA 1974. if they cant then its game over. same goes for the default notice, it must comply with regulations etc if it doesnt then there could be an arguement to say they were not entitled to start the claim

its difficult to say what they will turn up or if it will be enforceable

regards
paul

[angnnig]

HI Paul, Theres just one more thing ,Do i send the letter to "Robinson way "or "Capital one" ,sorry i didn,t ask before ,silly me ,kind regards ang

[pt2537]

the claimant whoever that is on the claim form

[angnnig]

Thanks again for your help Paul,I will keep you informed with my claim ,kind regards, ang

[NitrousOxide]

No account number on the POC, eejits.
Even if they do produce the agreement there may be charges reclaimable on the account.

[pt2537]

Originally Posted by NitrousOxide

No account number on the POC, eejits.
Even if they do produce the agreement there may be charges reclaimable on the account.

Hi N.O

Yeah, eejits indeed.

however, the court can use it case management powers to over come this so its unfortunately not game over yet. but its helpful.

i bet thats not the only thing though thats wrong with the case. when we get the agreement i bet that will contain a few hidden gems .


regards
paul

[pt2537]

Hi Angnnig

can you just confirm for me dates when the letters were recieved etc

IE when was your CCA request recieved?

when was the CPR request Recieved ?

and have you had any reply etc

regards
paul

[angnnig]

Hi paul, I,m of the same opinion as you ,the easier it is the better. Anyway "Robinson way" recieved my CCA request on the 05/02/08 .But not sure what CPR means I,ve only just become a member of the sight and not used to all the "short for" terms yet .I haven,t recieved anything from "Robinson way" yet. kind regards, ang