Eversheds/NR - CC Claim Received

[petebeds]

Hi, I have received a Claim Form from Eversheds for a debt allegedly owed to Northern Rock for £31202.30 plus Court Fee and Solicitors Costs of £410. The Court concerned is the Guildford County Court.

This concerns the unsecured part of a "Together" mortgage that my ex-partner and I had where the secured mortgage was paid off almost 4 years ago when we sold the house and moved into rented accommodation. We split up two years ago and are both renting separately, therefore I'm not at all worried about NR trying to get a charging order as there's nothing for them to get a charging order against!

Having read through other threads I have reason to believe that the Claim might be deficient in a number of respects:

1. Default Notice never received by me or the co-defendant
2. Copy of the CCA not enclosed with the claim pack
3. Copy of the Default Notice not enclosed with the claim pack

I will post a copy of the N1 CPC when I get access to my scanner again but it reads as follows:

"The Claimant's claim is for the sum of 31202.30 being the amount due on account ref XXXXXX-XXXXX being a credit agreement regulated by the Consumer Credit Act 1974.

A Consumer Credit Default Notice has been served by post on the Defendant and has not been complied with
Interest continues to accrue on the amount due at the contractual rate stipulated in the credit agreement.
**CONTACT TELEPHONE NUMBER 029 2047 7675**"

Both my ex and I are on Debt Management Plans through CCCS. Some time ago I was notified by CCCS that NR had rejected my payment offer through them because "larger payment amount required"; other than that apart from various computer generated letters saying "you have failed to respond to my previous communications" or "you have failed to my previous communcations" and threatening unspecified "further action" and one letter from Eversheds which was responded to by both me and the ex by email stating that we were both on DMPs through CCCS, we have had nothing.

NR have, I understand, responded to CCCS in the case of my ex stating that the quoted account number was wrong (it was actually quoted to them correctly).

So, advice please on whether my thoughts regarding the deficiency of the claim are correct, and any help with the preparation of my/our Defence would be much appreciated.

Many thanks

[petebeds]

A few further questions -

1. How can I tell if the claim has been issued through the Bulk Centre or not?
2. Do both my ex and I have to respond?
3. If the answer to 2. is "yes", should we both file the same Defence?

Thanks

[petebeds]

Just come off the phone from CCCS and not unexpectedly their response is to roll over and admit the whole damn lot!

[andyorch]

Originally Posted by petebeds

A few further questions -

1. How can I tell if the claim has been issued through the Bulk Centre or not? Address will be Northampton and there will be a pass word to enable you to access it on line via MCOL
2. Do both my ex and I have to respond? Yes everything double
3. If the answer to 2. is "yes", should we both file the same Defence?considering its your ex, but stay united over the claim ie joint liability.

Thanks

Regards
Andy

[sillygirl1]

Withdraw this debt from CCCS, they only want to pay the creditors - whether actually owed or not. In fact you could probably CCA every creditor you have with CCCS and wait for the (non existant) agreements to come and then no longer pay anything to them once they have defaulted.

[petebeds]

Have got back on to CCCS and they are putting the NR part of my DMP on hold - ie will hang on to the money until the outcome is known and then either send on to NR or distribute amongst my other creditors.

[sillygirl1]

Good. All CCCS do is distribute funds to your creditors, they do not challenge ANYTHING and accept every charge creditors add onto your account as gospel. With help from this site we can wean you away from them.

Your next step is to get the telephone harrassment letters printed out and sent to each creditor, then follow it up with a CCA request. Then as I said earlier, as each one defaults, you can stop paying them.

[petebeds]

Thanks sillygirl1, that's already been done with two of the most troublesome creditors (Sharklaycard/Mercers and DG Solicitors/Metropolitan Collection Services/HSBC) thanks to the excellent advice on other threads. I have even taken the former to Trading Standards for their persistent telephone harrassment and changed my number some time ago due to constant calls from MCS. All quiet ever since until this kicked off!

[petebeds]

Scan of the N1 form attached.

Any advice on validity etc?

[creditcardmug]

Hi, to start with the claim is not in Northampton Court, this means a copy of the agreement should have been served with the claim was it?
There should also have been an account number on the POC.
You should send a CPR request to the claimant, and acknowledge service asap.
CCCS have no part to play in this now as it is in court.
Come back with further questions CCM

[petebeds]

I can confirm that there was no copy of either the agreement or default notice included in the claim pack.

Will do CPR requests and arrange for AOS's to be sent tomorrow.

[creditcardmug]

Yes good stuff, have you ever received a Default Notice? if so can you post it up?

[petebeds]

I haven't received a Default Notice, can't speak for the ex though

[creditcardmug]

Originally Posted by petebeds

I haven't received a Default Notice, can't speak for the ex though

Well you should have, thats 2 points to go in your defence for starters, its not looking good for the other side!

[petebeds]

I know! There was a "formal demand" letter at the end of January, which was replied to by email by both of us stating that we were both dealing through CCCS

[petebeds]

Hi, can somebody please point me to a template for the CPR letters that I need to send? Thanks.

[andyorch]

Hi

Here is the CPR 18 request

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


Dear XXX

REQUEST FOR INFORMATION CPR 18

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. 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.


1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

(a) a copy of the procedure(s) used for copying, storing and retrieving documents
(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)
(c) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with
(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

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. .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).
d. 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.
e. 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.
f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
g. 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.
h. 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 G/Delivery and keep proof of postage


Regards
Andy