consumer forums consumerforums Total Bank Charges Returned : £16595128 to 9717 people. The Consumer Forums  
Bank Charges Refunds Survey | 'Buddy' System | Get an email address | Site Map | Registration Problems | FAQ
CAG Products - We think that these will help you to make your claim or Reclaim your Right

These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit Small Claims Court Guide
**New Edition**
CallBurner - Skype
CallRecorder Review
Last Will & Testament Kit Fight a Motoring Ticket
 
Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here


UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki

N.B. Please note - due to postage costs these products are only available in the U.K.



Consumer Action Group envelope labels
You are part of a community of over 195,000 people.
Let your bank know that you won't give in.
Display one of our labels on your envelopes.
Full description here
Sheet of 20 self-adhesive envelope labels
£3.50 inc p&p





Reclaim the Right!
The Lawpack Small Claims Kit contains everything you need to get your bank charges refund. Sample forms, Instruction manual, template forms and an entire set of court forms in .PDF format on CDRom.

Just type in the details of your claim and print them out.


Reclaim the Right!


Sue your bank as often as you like with one Lawpack!!

With a Lawpack and Patricia Pearl’s book on Small Claims, you have everything you need to get your unfair bank charges refunded or assert other consumer rights.
(England & Wales only)

CAG Forum Users Price £11.99
(click image to buy)
Plus £1 P&P



Reclaim the Right!


New Edition
Small Claims Procedure by Judge Patricia Pearl
An excellent guide for the layperson
Not for use in Scotland
Read BF's Review Here




Stand up to Telephone Harassment

If you use Skype -
Record your phone calls with CallBurner
It's Hot!

Click below to download your
14 day trial copy
CallBurner
Skype CallRecorder download


Read the
Explanation and review here
£31.96 - includes 20% CAG discount
(normally £39.95)

We've managed to negotiate a discount for CAG Users on DIY 'Willpacks'


Click on the image to purchase a Wills kit - £12.99 + £1.00 pp

Remember...you can't take your reclaimed bank charges with you ;-)



Do your Internet search here



Reclaim the Right Ltd. - reg.05783665 in the UK
reg. office:- 923 Finchley Road London NW11 7PE
Do your Internet search here:-

  CAG Announcements
 
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ. You will have to register before you can post. To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old?
This may be unfair
See our new Unfair Trading Guide
Bought an extended warranty?
Not satisfied?
The warranty may be an example of unfair trading
See our new Unfair Trading Guide
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
Are you a victim of unfair trading?
Check it out
The Consumer Protection from Unfair Trading Regs 2008
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
 
Bank Action Group Debt Action Group
 

Go Back   The Consumer Forums > The Consumer Forums
Debt Action Group > Legal Issues

Legal Issues Advice and guidance on dealing with court action by a creditor


Welcome to The Consumer Action Group

and
The Bank Action Group


Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
Good luck claiming your bank charges.
We strongly suggest that you register under a UserID and not your own name

Reply
 
LinkBack Thread Tools
Old 20th June 2007, 21:22   #161 (permalink)
nannamoon1
Classic Account Customer
 
nannamoon1's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 223
nannamoon1 Novitiate
Default Re: Solicitors Letter Received

Perseus

Thank you for adapting the letter, I will get it sent off in the next day or so, and lets see how they respond to this....The address cock up is a great ace up my sleeve although I have only just noticed it myself...
nannamoon1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 20th June 2007, 21:43   #162 (permalink)
lorn250
Basic Account Customer
Default Re: Solicitors Letter Received

subscibing
lorn250 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21st June 2007, 17:35   #163 (permalink)
Drexl Spivey
Basic Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jun 2007
Posts: 116
Drexl Spivey Novitiate
Default Re: Solicitors Letter Received

sounds like they have have entered your ccj details on their system, but do they hold a true copy of the county court judgement ...



You claim to have evidence that indicates the issue of a County Court Judgement, issued within the legal time frame from the last cause of action. Before any other correspondence is made with you I will require a certified true copy of the applicable County Court Judgement.

Please note that this County Court Judgement should be signed as being a true copy, along with a legible signature and company stamp to show that you have issued the true copy, and furthermore the true copy must by law bare the correct signatures of the court officials and legible County Court Seal.

You should note that if you produce this and the case goes to court I will use this as evidence to the Courts to ensure its legitimacy.

I await your either written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed, or the production of a true copy of any County Court Judgement in this matter.

Yours faithfully


maybe tailor that somehow to your situation.

Last edited by Drexl Spivey; 22nd June 2007 at 00:18.
Drexl Spivey is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 3rd July 2007, 20:10   #164 (permalink)
nannamoon1
Classic Account Customer
 
nannamoon1's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 223
nannamoon1 Novitiate
Default Re: Solicitors Letter Received

Hi to all those following this thread, just received this reply from GPB today:

Dear Madam

Re: Next Retail Limited –v- Yourself
Claim Number: 0032127208

Thank you for your letter of 25th June, the contents of which we note.

Firstly, we apologise for an error contained in our letter of 15th May 2007. The N9A admission form was received on 26th October 1993 and not 2003. This, of course, is clearly a typographical error because, as we have pointed out, Judgment was granted by acceptance of your offer on November 1993. We note, therefore, that you were at XXXXXX Address “A” at the material time.

We have given you as much information as is available to us now. After so many years during which time, on your own admission, you have been paying the debt, it is, in our view, totally unreasonable to seek details in respect of matters which are beyond dispute by virtue of your admission to the Court and subsequent payments.

We have been able to obtain some brief statements from our Clients and we enclose copies for your information. You will note that the balance transferred to “debt agency” on the 20th July 1993 was £1,608.20. The agent in question was Intrum Justitia (you are their in house Solicitors) Limited to whom you paid £5.00 on the 13th August 1993. As a result of your failure to make further payments to Intrum Justitia Limited the matter was passed to ourselves for issue of the proceedings that we have referred to.

Yours faithfully
Geoffrey Parker Bourne


The statements that they have sent are from Next only (3) of them 26th May 1993, 23rd June 1993 & 20th July 1993 they do have the address “A” that they keep referring to this was because I was living at address “A”

I moved to address “B” in June 1993 the N9A admission form that was supposedly submitted by me in October 1993 had address “A” on, this would have been impossible as I moved from address “A” to address “B” in June 1993.

I assume that by sending me the 3 Next statements which show address “A” they think that this is proof that I sent the N9A admissions form using this address which they have quoted in their letter dated May 15th .

I am trying to find evidence that I actually moved to address “B” in June 1993 to shut them up. I should be able to ring the local authority housing and get this proof (I hope they will have records going back to 1993)

Where do I go from here this case seems to be going round and round in circles…they have NO documentary evidence to prove there was ever a CCJ. Sending me Next statements are not evidence plus trying to claim that I lived at address "A" when I supposedly filled the the N9A admissions form. That would not be the case , as I would have quoted the correct address to which I was living at - at the time.
nannamoon1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 3rd July 2007, 20:47   #165 (permalink)
ODC
Platinum Account Customer
 
ODC's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Feb 2007
Posts: 8,272
ODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC Authoritative
Default Re: Solicitors Letter Received

Quote:
Originally Posted by nannamoon1 View Post
Hi to all those following this thread, just received this reply from GPB today:

Dear Madam

Re: Next Retail Limited –v- Yourself
Claim Number: 0032127208

Thank you for your letter of 25th June, the contents of which we note.

Firstly, we apologise for an error contained in our letter of 15th May 2007. The N9A admission form was received on 26th October 1993 and not 2003. This, of course, is clearly a typographical error because, as we have pointed out, Judgment was granted by acceptance of your offer on November 1993. We note, therefore, that you were at XXXXXX Address “A” at the material time.

We have given you as much information as is available to us now. After so many years during which time, on your own admission, you have been paying the debt, it is, in our view, totally unreasonable to seek details in respect of matters which are beyond dispute by virtue of your admission to the Court and subsequent payments.

We have been able to obtain some brief statements from our Clients and we enclose copies for your information. You will note that the balance transferred to “debt agency” on the 20th July 1993 was £1,608.20. The agent in question was Intrum Justitia (you are their in house Solicitors) Limited to whom you paid £5.00 on the 13th August 1993. As a result of your failure to make further payments to Intrum Justitia Limited the matter was passed to ourselves for issue of the proceedings that we have referred to.

Yours faithfully
Geoffrey Parker Bourne


The statements that they have sent are from Next only (3) of them 26th May 1993, 23rd June 1993 & 20th July 1993 they do have the address “A” that they keep referring to this was because I was living at address “A”

I moved to address “B” in June 1993 the N9A admission form that was supposedly submitted by me in October 1993 had address “A” on, this would have been impossible as I moved from address “A” to address “B” in June 1993.

I assume that by sending me the 3 Next statements which show address “A” they think that this is proof that I sent the N9A admissions form using this address which they have quoted in their letter dated May 15th .

I am trying to find evidence that I actually moved to address “B” in June 1993 to shut them up. I should be able to ring the local authority housing and get this proof (I hope they will have records going back to 1993)

Where do I go from here this case seems to be going round and round in circles…they have NO documentary evidence to prove there was ever a CCJ. Sending me Next statements are not evidence plus trying to claim that I lived at address "A" when I supposedly filled the the N9A admissions form. That would not be the case , as I would have quoted the correct address to which I was living at - at the time.
Keep it short and sweet.

Dear Idiots

How can I make this matter clear to you,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT.

You have provided absolutely NO TANGIBLE EVIDENCE that a CCJ exists. You admit to making a tyoing error in your last correspondence so its highly probable you have made other errors in your record keeping. I have no recollection of having any CCJ against me, neither you or the Courts have documentary Evidence that one ever existed. As far as I am concerned that is the end of the matter. Should you feel you have sufficient evidence to proceed further then I look forward to contesting this matter through the due legal process. I will also institute Civil Proceedings for the distress that your behaviour has caused, ask the Society of Solicitors to investigate your business practice as well as complaints to the appropriate regulatory authorities.

In conclusion i expect to hear from you with 14 (fourteen) days that you have decided to stop harrasing me over a matter that you cannot prove.

Failure to resolve the matter within the above timescale will result in me taking appropriate action as outlined but not limited to that mentioned above.

yours bored to tears

N Moon (Mrs)
__________________

Faugh a Ballagh
ODC is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 3rd July 2007, 22:59   #166 (permalink)
PriorityOne
Platinum Account Customer
 
PriorityOne's Avatar
Default Re: Solicitors Letter Received

Excellent letter ODC.....
PriorityOne is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22nd September 2007, 21:22   #167 (permalink)
nannamoon1
Classic Account Customer
 
nannamoon1's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 223
nannamoon1 Novitiate
Default Re: Solicitors Letter Received

Well I never thought that I would have to add to this thread.

For those who want a quick review of this thread rather than having to read it all, the story goes:

Been paying Geoffrey Parker Bourne for 13 years (whom are Intrum Justitia's in house solicitors)

Back in Feb decided to send a CCA as I had no idea what I was paying this debt for, all I had was a payment book...for the last 13 years..

GPB wrote back & informed me that this debt had gone to court in 1993

I asked GPB to show me documentary evidence, have a read back over some of the correspondence, GPB insists there is a CCJ.

I stopped paying GPB in Feb, I sent a Subject Access Request to Next Directory the original creditor...

Guess what after GPB putting in writing many times that Next had taken me to court, I have today received this letter:

Dear xxx

I write in response to your letter of 20th August, and I am sorry that you have not received a reply to your earlier letter of 2 July.

Further to your subject access request under the data Protection Act, I am pleased to enclose prints of all information that is immediately available from our computer systems, in respect of your account with the Next Directory. If we hold any earlier records than this, they will have been archived, and I have therefore requested our business systems team to conduct a full search of our database. Unfortunately this will take a little while longer, but I will of course forward any additional information, as soon as possible.

I can advise that your debt to the Next directory was not sold to another company, and no deed of assignment was completed. Next directory did use the services of a third party debt collection agency, Interim Justitia, although no legal proceedings were instigated, and I expect you are aware that, due to the age of the debt, there is no longer any record of the default on your credit reference file.

Next Directory did not apply any default charges, fees, or penal interest rates to your account in relation to the default, service charge (interest) would have been charged at the normal rate (currently 26.49APR equivalent), and this is shown on the copy statements enclosed.

I can also advise you Next directory only record telephone calls for training purposes and these are erased within a couple of weeks.

I hope the enclosed information is of use to you, and I will be in contact again as soon as I receive a response from our Business Systems Department.

Yours sincerely

So what can I do about GPB stating there was a CCJ issued? I now know the truth...
nannamoon1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 22nd September 2007, 23:30   #168 (permalink)
lookinforinfo
Platinum Account Customer
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Mar 2006
Posts: 2,715
lookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritativelookinforinfo Authoritative
Default Re: Solicitors Letter Received

Hi Nannamoon-a very interesting letter to say the least!.
First thing is to write to GPB stating that Next say they never applied a CCJ
to your account and also confirmed that they had never assigned the debt.
Would GPB care to explain their references to there not only being a CCJ on the account, but also that an attempt by you to have it set aside was refused
back in November 1993 as per their letter back in March-your post 58. [I hope you have kept the letter for your complaint to Trading Standards etc?].
lookinforinfo is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 00:04   #169 (permalink)
shane5408
Platinum Account Customer
 
shane5408's Avatar
Default Re: Solicitors Letter Received

you've got GBP between a rock and a hard place now! Can't wait to see what their response is once they find out about Next's most recent Letter! In the words of the great Homer Simpson, DOH!!!!


regards,
shane
shane5408 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 08:13   #170 (permalink)
nannamoon1
Classic Account Customer
 
nannamoon1's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Dec 2006
Posts: 223
nannamoon1 Novitiate
Default Re: Solicitors Letter Received

Thanks for the replies LFI
As said in this thread earlier, even though this debt is 13/14 years old, I never recall it ever going to court, I know I am a doddering old fart, with no memory, but hey I can be sure that I would remember if a company had taken me to court even if it was 13 years ago...

Funnily enough I have not heard anything from good old GPB since ODC drafted me the letter above...I also sent a letter of complaint, but they did not respond.

I will wait until Next furnish me witht he rest of the Subject Access Request Data, then GOD HELP GPB.....

RIP GPB
nannamoon1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 11:18   #171 (permalink)
ODC
Platinum Account Customer
 
ODC's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Feb 2007
Posts: 8,272
ODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC Authoritative
Default Re: Solicitors Letter Received

Excellent letter Nana. Now a little reminder to the clowns that are GPB requesting a response to your letter.

Dear Muppets

I refer to my letter of XXXXX. I requested written proof of a CCJ you allege was issued against me. You have singularly failed to supply any.

Your parent company Intrum Justita have been taking money from me for 13 yrs. You as their legal representatives have singularly failed to provide me with any proof that either you or they were legally entitled to claim such monies from me.

It is now my intention to do the following -:

Institute proceedings for recovery of said monies from yourself and/or Intrum Justita.

Report the activities of your company to the Office of the Society of Solicitors in Leamington Spa

Report both yourselves and Intrum Justita to the Office of Fair trading for numerous breaches of their guidlines and Consumer Credit Act

I do not limit may actions to the above and if I find sufficient evidence which would warrant prosecution for any criminal offences I reserve the right to report any criminal activity to either or both the Police and the Financial Crimes Branch of H.M. Government (Customs and Revenue).

I now require within 14 days a full response to my previous correspondence, a full statement disclosing the total amount of money which you or intrum Justita have obtained from me and details of what legal grounds you claim to have taken such monies from me.

I feel it fair to point out to you that I am now in possesion of WRITTEN proof that NO court action was ever instituted in respect of this matter despite your numerous written correspondence that you had in fact obtained a County Court Judgement on behalf of the Original Creditor, Next Retail Ltd. I now have the proof that this is a total falsehood.

AT the end of 14 days I will be taking the actions as outlined above and the authorities will doubtless draw their own conclusions from your responses heretofore and what response if any you make to this letter.

Please do not ignore this letter

yours elatedly


Nanamoon (Mrs)
ODC is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 20:00   #172 (permalink)
tomterm8
Platinum Account Customer
 
tomterm8's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Apr 2007
Posts: 5,177
tomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritativetomterm8 Authoritative
Default Re: Solicitors Letter Received

Quote:
Originally Posted by ODC View Post
Excellent letter Nana. Now a little reminder to the clowns that are GPB requesting a response to your letter.

Dear Muppets

NOTICE BEFORE LEGAL ACTION


I refer to my letter of XXXXX. I requested written proof of a CCJ you allege was issued against me. You have singularly failed to supply any.


I feel it fair to point out to you that I am now in possesion of WRITTEN proof that NO court action was ever instituted in respect of this matter despite your numerous written correspondence that you had in fact obtained a County Court Judgement on behalf of the Original Creditor, Next Retail Ltd.

Your parent company Intrum Justita have been taking money from me for 13 yrs. You as their legal representatives have singularly failed to provide me with any proof that either you or they were legally entitled to claim such monies from me.

It is now my intention to do the following -:

Institute proceedings for recovery of said monies from yourself and/or Intrum Justita.

Report the activities of your company to the Office of the Society of Solicitors in Leamington Spa

Report both yourselves and Intrum Justita to the Office of Fair trading for numerous breaches of their guidlines and Consumer Credit Act

I do not limit may actions to the above and if I find sufficient evidence which would warrant prosecution for any criminal offences I reserve the right to report any criminal activity to THE POLICE and the Financial Crimes Branch of H.M. Government (Customs and Revenue).

I now require within 14 days a full response to my previous correspondence, a full statement disclosing the total amount of money which you or intrum Justita have obtained from me and details of what legal grounds you claim to have taken such monies from me.


Unless you comply, at the end of 14 days I will be taking the actions as outlined above and the authorities will doubtless draw their own conclusions from your responses heretofore and what response if any you make to this letter.



Please do not ignore this letter.

yours elatedly


Nanamoon (Mrs)
I thought I'd DCA it up
tomterm8 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 20:10   #173 (permalink)
shane5408
Platinum Account Customer
 
shane5408's Avatar
Default Re: Solicitors Letter Received

Quote:
Originally Posted by tomterm8 View Post
I thought I'd DCA it up

you forgot to add

We will be instructing a local debt collector to visit you at the above address to collect payment

!!
shane5408 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 20:16   #174 (permalink)
ODC
Platinum Account Customer
 
ODC's Avatar
 
Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Feb 2007
Posts: 8,272
ODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC AuthoritativeODC Authoritative
Default Re: Solicitors Letter Received

Very good TT8
You forgot to put the main Phrase in it VALID EVEN IF NOT READ BY YOU
ODC is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 23rd September 2007, 20:49   #175 (permalink)
nannamoon1
Classic Account Customer
 
nannamoon1's Avatar
 
Watch out, there are Claims Touts about!