OK Thanks Slick

Need to get Mediation with Barc out the way - looming in next few hours!!

CFS have appointed a DCA - who keep sending me letters about the debt. Can they do this whilst it is in the court system? I thought that once an account was disputed that all collection activity had to stop? They also keep noting the account as defaulted each month....

Is there a template letter I can use to get rid of the dca?

Can I send the dca something along the lines of:

I refer to your letter of xx, the content of which is noted.

The account to which you refer has been in dispute with your client since xx.

Furthermore, I have issued a Court Claim against your client

- they are the Defendant; I am the Claimant.

The debt amount in question is disputed and the default issued against me is erroneous.

My claim against your client is for a far greater sum than the amount you allege I owe.

In the circumstances, your/your clients threat of legal action appears to be not only redundant,

but a breach of the Consumer Protection from Unfair Trading Regs 2008

and the FCA's consumer credit sourcebook

Claims made by you or your client will be robustly defended and the Court's attention drawn to the above statutory breaches.

I reserve the right to bring the conduct of your client to the attention of the Court

when the issue of costs is being considered.

Yours faithfully

Hi Mum,

It's a bit longer than I'd have written which would be :-

I refer to demands made by you in respect of the alleged debt.

This matter is in clear dispute and is currently the subject of court action taken by me against the Defendant who is your client.

You should contact your client for confirmation about the court action and ensure that no further demands are made, until my court claim is resolved.

Update

I have received allocation and directions

I have 7 weeks to compile all info to help my case, or to negotiate with them on a settlement.

Might I next expect a letter from the same Sols about settling?

Hi Mum,

Can you confirm the date by which you must file and serve your bundles.

The sol'rs will be in no hurry to settle and it is YOU who should make the first move. They'll be paid regardless of the outcome.

You can write to them saying, "I have received Directions from the court setting out the dates for submission of evidence and the hearing date.

I will shortly begin finalising my evidence which will involve considerable time and expense.

In order to avoid further use of the courts resources, and the costs involved in ongoing litigation, I invite you to settle my claim as filed.

In order to communicate faster, you may wish to reply by email to [email protected] "

Hi

The date docs need to be presented is 1st July.

I have never had any correspondence from CFS. They never replied to any letters.

So I guess maybe I assume the dca chasing me for payment of the debt is the same dca to contact regarding settlement?

No mum any settlement correspondence goes to the sols not the dca

Hi Mum,

Apart from the letters above, ignore CFS completely.

Negotiations will be with the sol'rs defending BC in litigation.

Internal Sols for CFS??

I have apx 4weeks before the hearing.

So I think I need to get my skates on.

I will draft a letter tomorrow.

I just checked my file and their defence came from internal sols so will send to them....

(I have been slow with this as very busy with other work/personal issues)

Hi Mum,

Use the draft in post that post earlier if you haven't sent it already.

It should go to the internal sol'rs as you say.

Letter written.

Will special post tomorrow.

Should it be entitled 'without prejudice' ??

Hi Mum,

I don't see a need to use Without Prejudice.

So NO news from CFS

I have another case with Barc that needs my attention - have to present docs by Tues. So am under pressure.

BUT - this is looming very close. I need to produce bundles for the court/defence within 3 weeks. And have not started yet.

Attached NOA

I have to prepare bundles over next 2-3 weeks.

Have never done this before.

Nervous...

Lots of work going on so am under pressure to get all ready.

Am going to study as much as possible over this week

Creation NOA April 2016.PDF

So what date is this hearing ?

I wasn't sure we were supposed to put specifics down in writing so I deleted all dates. However, in exactly 5 weeks.

I have just finished an epic few days compiling docs for another case which had a looming deadline.

I am now turning my attention to all the docs (bundle) that need preparing for this case.

I assume - unless someone tells me I am wrong - that I can now edit my other docs to suit here????

I do have a query though.

I have been packing/moving and somehow the file of card statements has gone missing

So I have NO statements to include in my bundle.

Is this a major problem? ie if I don't have the statements I can't prove the penalty charges??

I have the dates and all our correspondence in a separate file on my desk. I just cant find the big file of statements.

Can I now (today) write to CFS asking for statement copies of the dates I am contesting?

It is very late in the game - as my full bundle needs to be delivered by next Friday.

T&Cs - does anyone have CFS T&Cs from 2003 and/or 2004?

Anyone?

I need to prepare my bundle.

Does anyone have the 2003 T&CS?

Mikey - I never received your copy???

Hi Mum,

The 2 claims are based on the same principles so, with careful editing to reflect this being a store card case, the same doc'ts can be used.

I suggest you send off an SAR immediately for the statements. Or make it a top priority to find the "file of card statements" you refer to. I don't know if you can refer the the actual statements in the bundle and state "to follow due to house moving", so you can fwd them on receipt.

I'd like Andyorch to comment about this and will ask him for input.

Hi Mum,

Andyorch has replied :-

Just disclose the spreadsheet...that should contain and constitute the validity of the claim ... without the need of every single statement.The spread sheet I assume would be an exhibit to a witness statement which would contain a statement of truth.

Thanks Slick Not many were looking here so added it to my other page and yes, he did reply there. So kind of sorted on statements ;-)

Now just need to prepare the bundle today/tomorrow.

Going to be a busy morning....

Just one thing - I'm moving very soon. Mail will be on divert. Should I tell the courts my temp address or just leave the mail on divert?

Just not sure if recorded/special delivery needing a sig is ok on divert? Or should I give them the temp address?

(Its just a temp before find a more permanent base...)

re: storecard editing - yes I definitely need to do this as my POC was full of errors calling them bank or bankcard etc... Have been going through my witness statement altering every 'bank' to storecard.... They did pick up on this.... I'm a newbie - they all seem the same to me!!

Is receipt of docs ok 14 days in advance?

Just trying to give me more time to complete this week!

You must do as the directions say mum, deliver the docs to the court and the other side's solicitors, 14 days before the hearing

Ok thanks.

Working hard now.

I am struggling to find T&Cs for 2003 / 2004.

I really, really need to find some - as I need to refer to them in the Witness Statement.

ANYONE?

I understand there is a work in progress section in the library for old T&Cs. I just tried to access the library and it says I don't have access to that area. Has it moved? Or do I need to do something else?

Just a thought:

The Prelim letter I wrote asked CFS to send me the t&cs in force at time of account opening and any amendments subsequently. They were requested under CPR Pre-Action Protocol 4.6c. I mentioned that failure to forward these t&cs would be brought to the attention of the court if I was obliged to commence legal court action.

CFS never replied; never sent the T&Cs.

Should I mention this in my statement?

Yes

great.

That will stop me worrying about my lack of T&Cs !

They have had countless letters asking for them.

Its all part of their none compliance to any section 77/78 request