Had a county court claim through a few days ago from a firm of solicitors often mentioned on this board, and immediately CCA'd the DCA which I had been paying regularly for 2 years.

A couple of days later I had a 'Courtesy Call' from a lady at the solicitors to check I had received the form, and explaining to me that I had to return it to THEM. (no discussion of what my plea would be)

"Can't I send it to the Court" - NO

"Can't I send it online" - NO

"How do I know you will send my information to the court in time?" "We are a firm of Solicitors"

Well I was going to put in a partial defence, and argue the charges, but given their tactics I feel I would like to defend the whole amount until I have evidence of the CCA document (which I get the feeling they will have).

Is it normal for solicitors to phone up and give 'advice' to those they have issued the claim against?

No it certainly isn't and you certainly should be very sceptical of any advice they give you. Remember they are not representing your interests - they are representing their clients. If they phone again tell them to put it in writing.

let me have a stab at BRIAN CARTER

Worm without being too specific with the figures what are the Particulars Of Claim ?

I would report exactly what they have said to Trading Standards and the Solicitors Regulatory Authority...

No, you must acknowledge the claim to the court which gives you more time to construct your defence which is also sent to the court.

Otherwise judgment could be entered against you, sounds like underhand tactics and I'd inform the court.

The other side can contact you I believe as all efforts should be made to resolve the issue right up to trial.

I'm new but others will better inform you I'm sure.

42man - I've go to shoot off to work now, but will post details thisevening.

postggj - Nope, not Bryan Carter - although the 'C' is correct.

Let's just go back to the beginning.

Did the "Court" papers come from the County Court or directly from the solicitors?

If they've come direct from the solicitors then they are without doubt a load of rubbish and the solicitors are in breach of just about every code of practice there is.

Do any of the papers bear a court seal? Its usually just printed on documents. A circular shape with the Crown and the name of the Court.

Hi, Back again.

Thanks everyone for your input so far.

Firstly, sadly, the papers are from the Court. I have logged onto MCOL and the claim number and password check out.

The particulars of the claim are:

"The Claimant's claim is for the sum of £1xxx.xx being monies due from the Defendant to the claimant under a regulated credit agreement between the Defendant and GE Capital Bank Ltd under reference blahxxx and assigned to the Claimant on dateXXXX notice of which has been given to the Defendant. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upin the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £xxxx.xx"

Having read TomTerm8's thread http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

should I send the letter in post 3 to the Solicitors or to the DCA?

My CCA request (inc £1 po) has been delivered to the DCA a week ago, but I need to get the Acknowledgement of Service in pretty quickly.

Still a little bit unsure of how to proceed.

Do not send the documents back to the solicitors - do not enter into any verbal communication to the solicitors. They are not representing you nor do they have any right to tell you what you should or should not do and since you have already been served there is no profit in even writing to them.

You need to acknowledge recept of the papers (you can do this on line) and this will give you time to construct your defence

and since you have already been served there is no profit in even writing to them.

 

I stand corrected - thanks rory

If you are going to defend then send this letter recorded to the opposing sols....

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the assignment

3 the default notice

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

Just keep a close eye on the timescales....!!

Thankyou 42man.

Your letter is to the point and refers specifically to the documents in the claim, but TomTerm8's letter also asks for details of charges, statements, and other documents they seek to rely on.

Is the CPR 31.14 just for documents listed in the POC, or can it cover statements too?

What are the pro's /cons of asking for these extra documents at this stage? (There are charges on the account).

Is there a definition of 'reasonable copying costs'

thanks for all assistance

Have a read of this Worm.. - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

In the meantime, thank the solicitor for her advice and ask if she'd mind sending that to you on headed notepaper, then you'll consider it.

42man - I've go to shoot off to work now, but will post details thisevening.

 

postggj - Nope, not Bryan Carter - although the 'C' is correct.

Crellins Carter per chance.

I meant the letter 'C' is the correct start of the name

Sechari Clarke & Wells is another well known 'legal' firm on here.... is it them?

I've acknowledged service of a claim dated 24 Nov 08, and am going to ring the Court tomorrow to find out the date the defence is due - but I am just hoping there might be an informed Cagger here this evening who would know.

(I'm getting a bit lost with the Christmas Bank Holidays and would sleep better if I know for sure when it is due)

Thank you and let's hope we all have a more prosperous New Year!

It's normally 28 days from the date of service, which is 5 days after the date on the claim form but I'm pretty sure bank holidays don't count.

In which case it's today ...

This has got as far as N149 Allocation Questionnaire, and I would appreciate some help in filling in this please.

Current situation - in response to my earlier CCA request to the DCA , I have a copy of the CCA from the Solicitor (sent on the same day they received my CP31.14 request) which seems in order.

I have not had a specific reply to my letter CPR31.14 Request which also asked for copy of default notice and notice of asignment (but it is possible these exist and are correct)

If they have all those documents my main argument is the sum asked for on the claim form is incorrect as it includes about a dozen £25 late payment charges and interest on those charges which were added by the original creditor.

I don't deny owing money to the original creditor, and I have been paying the DCA, and am continuing to pay the DCA - but payments have been slightly late around the time of the supposed default notice.

My ideal situation would be to avoid a CCJ and continue to pay the debt at affordable rate until cleared.

I have had a 'without prejudice' letter from the Sols offering a 25% reduction for full settlement within 14 days. I can't afford this as have priority debts (Inland revenue, mortgage, council tax + other creditors) If I gave the court my outgoings I think they would acept less than I am currently paying the DCA.

I'd welcome help on how to handle

- a. the allocation questionnaire

- b. the 'without prejudice' offer

(by the way the Sols are Howard Cohen and the DCA is CL Finance - they seem to be on the board a lot at the moment!)

Howard Cohen!

Theres a few GE claims with them at the moment, have a look here -

http://www.consumeractiongroup.co.uk/forum/legal-issues/187437-howard-cohen-no-more.html

Pookey