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  1. Done my witness statement this afternoon,and just finished emailing all the letters and my replies to the OFT,nearly 6years of letters lol....Its a case of wait and see now,fingers crossed they get FUBAR'ed
  2. Had a phone call from the OFT yesterday,i'm giving them a witness statement on Wednesday,also i have to send in photocopies of all letters sent and recieved...
  3. Didn't heard from them for a long time,then had an out of the blue phone call,which i was quite nasty to them ,then had a few letters,so i complained to trading standards who are looking into the case,the TS officer is on holiday til Sept 5 ,then she wants all the paperwork so she can continue to investigate...
  4. I have a CCJ with this company which i am still paying,i pay it every month without fail and have been doing for nearly 10yrs,another few months and i will have paid off the total Judgement, but the problem now is the interest after Judgement its running at about £1800... I have tried several times to get a judgement balance but no matter whether i phone or write all i get back is a total figure judgement including interest,in the space of 10yrs i have received only 3 statements,i even tried the Country Court where the Judgement was obtained but they only keep records for 6yrs. My questions are: 1. Does this interested have to be paid? 2.If i don't pay i,t will i get took back to court? 3.As i can't get a copy of the Court Order is this interest valid 4.What can i do to get a proper balance on the account 5.And if a copy of the Court Order can't be found ,what proof have they got and can this CCJ be collected 6.The CCJ is mine but how do i stop them for addressing all the letters to my wife thank you in advance for any replies...
  5. Guess who started phoning me again? HFO ... only 4yrs after i send the cca request which they still haven't replied too,i think i might have p***ed off the bloke on the phone when i asked for a finders fee(when he said HFO i replied no longer at this address) i only asked for £300 lol,because next day on my doorstep a lovely A4 letter threating all sorts of problems and charges and it seems in 4yrs the debt has risen £1200 ... The question i need answering is the original CCA request still valid? I can find proof of postage and copy for that but can't find it or the copy of the letter for debt in dispute after failing to respond... Next question is if the CCA is in-force are they breaking the law? cheers adey
  6. Don't know if this is any help,but i have a motability car that had an electrical fault,the main dealer wasn't interested and said it would be a week before they could fit it in.so i got my wife to phone them and say she had a car with the same fault and lo and behold they said bring it in straight away,after complaining to motability their advice was phone the RAC,so i did and they fixed in within 30 minutes,it seems the factory or main dealer had put in the wrong rear lights. So i would suggest phoning the RAC out let them sort it out,imco main dealers want to sell you the motability car but much prefer working on cash customers then warranty jobs,i've had a few cars over the years and the best aftersale support was by KIA...
  7. Not been able to get through yet but will keep trying,i hate waiting in Q's when its 10 or more
  8. thank you all for the help,i'm very grateful,today in the post i received a letter of discontinuance off Bryan Carters... Thank you all again...
  9. thank you for the reply... Recieved a letter off the client who i find out is someone else and not the person they give in cpr reply... its off Shop Direct Finance Company Ltd... Letter Reference:****** Catalogue Brand: Very Date: **/**/2010 Account Number:******** Dear Mr ******* We refer to a recent request for a copy of your agreement. Unfortunately we are unable to locate a copy of an executed agreement,but for your information we enclose a copy of the current agreement which applies to this type of account.This version includes all contractual variations which have taken place. According to out records,the account was opened on**/**/2006.You agreed to make payments every 28 days. The outstanding balance is currently £***.**. our records show that £0.00 in payments have been made in the last 12 months. ----------------------------------------------- That's the main part of the letter the rest is just about credit reference agencies. The outstanding balance they give is the total with court cost's and not the total for goods allegedly supplied... can i use this letter in my defence as they agreed that they cannot find a copy of the executed agreement?
  10. 4pm today according to MCOL,was having signing in problems so had to go with the defence i posted earlier(fingers crossed i did it right)
  11. Would this be ok as a defence? I need to file in a few days .... The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing all of the requested documents The Defendant is embarrassed at the lack of detail within the claimants claim and therefore cannot plead due to the Claimants ongoing failures. The Defendant reserves the right to amend this defence and intends to make an application to the court for an order compelling disclosure. Claim number: xxxxxxxx Between PHOENIX RECOVERIES (UK) LTD S.A.R.L. And xxxxxxxxxxxx 1. xxxxxxxxx of xxxxxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by PHOENIX RECOVERIES (UK) LTD S.A.R.L. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 4. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system). a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. b) I would like to point out that on the dates this sum is claimed for xxxxxxxx i was only 15 years old so was unable by law to sign any CCA... c) No particulars are offered in relation to the nature of the good’s supplied d) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached to the claim form. 5. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award: The general rule 2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974; 6. Consequently, it is proving difficult to plead to the particulars as matters stand. The Request for Disclosure 7. Further to the case, on xxxxxxxx I the Defendant requested the disclosure of information pursuant to CPR 31.14, the claimants solicitors replied with a letter (see Letter A), on the xxxxxxxx a second request for the disclosure of information pursuant to CPR 31.14 was sent and received to the claimant. On **/**/2010 the Defendant received no documents from the CPR 31.14 request for disclosure. 8. To date I have not received any documentation requested under the CPR, as a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. 9. In view of the matters pleaded above, the Defendant respectfully requests that the Court gives consideration as to whether the Claimant’s Particulars of Claim should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16. 11. In the alternative if the Court decides not to strike out the Claimant’s case, in order for the Defendant to determine that the documents the Claimant claims to be relying upon are properly executed and contain the required prescribed terms and correct figures as to make such an Agreement enforceable by virtue of s.87 Consumer Credit Act (1974), the Defendant respectfully requests that the Court orders full disclosure of the following documents pursuant to the Civil Procedure Rules: 11.1 A copy of any executed Agreement they rely on to prove the Particulars of Claim, containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by both the debtor and creditor; 11.2 A copy of the terms & conditions as referred to in, and in force at the time of, any such executed Agreement; 11.3 A copy of any Default and/or Termination Notice they rely on to prove the Particulars of Claim and issued under the terms of any such executed Agreement; 11.4 A statement of account, signed by or on behalf of the Claimant showing: - the state of the account, and - the amount, if any, currently payable under the agreement by the debtor to the creditor, and - the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor; 11.5 A transcript of all transactions, including charges, fees, interest and alleged repayments; 11.6 A full breakdown of how the sum claimed has been calculated and what goods where supplied and what dates they where delivered on and where; 11.7 Any other documents the Claimant seeks to rely on. Conclusion 13. In view of matters pleaded I respectfully request that the court order the claimant to produce the original signed agreement before the court to show the form and content of it and that it complies with the regulations referred to in this defence, otherwise the courts powers of enforcement are surely limited in these circumstances. 14. Should the claimant be unable to produce the original agreement signed by both debtor and creditor and containing the prescribed terms, I request that the court uses its powers under section 142 Consumer Credit Act 1974 and declare the agreement supplied by the claimant unenforceable. 15. The claimant's case cannot succeed as matters stand. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4 16. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim, the Claimant's behaviour is entirely vexatious and wholly unreasonable. 17. I respectfully ask the permission of the court that I be allowed to amend this defence and counterclaim when the claimant provides full disclosure of the requested documents and allows inspection of the original documents. This claim should never have been brought before the court as the claimant would most certainly be aware of the case law quoted and that such action would have little prospect of success without the credit agreement or a copy of it, therefore I invite the claimant to give serious consideration to withdrawing this claim. Should the claimant fail to withdraw their claim I shall request the court consider costs incurred by the Defendant in defending this claim and shall forward a schedule of costs for the court to give consideration to should this proceed to trial and judgment be given in my favour. Statement of Truth I xxxxxxxxxx, believe the above statement to be true and factual Signed Date xxxxxx/2010
  12. My son had a call from consumer direct today and they took more inform and then said trading standards will phone in a few days... I could do with some help on writing a defence please...
  13. I was about to send a reminder today... Dear Bryan Carter, CLAIM NUMBER ******** In reply to your letter dated **/**/2010,i must inform you it’s my legal right under Civil Procedure Rules for you to forward to me all the documents I have requested, it’s not up to you to decide that the claim will be allocated the small claims track only a Judge can decide that. I am therefore giving you 7 Days to fulfil this request, if the request is ignored I will have no choice but to enter an Embarrassed Defence and forward all letters to the Court Manager and Trading Standards. Yours Faithfully, Copy of original letter underneath here...
  14. i found one on this site and used it: ACCOUNT IN DISPUTE Dear Bryan Carter, I acknowledge receipt of Court papers sent by Northampton BCC on **/**/2010which was received on **/**/2010. Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against Bryan carter. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times. As you are aware, under the pre-action protocols of the Civil Procedure Rules, your Letter Before Action should have included the following information: 4.3 The claimant's letter should — (a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information; (b) enclose copies of the essential documents which the claimant relies on; © ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period; (d) state whether court proceedings will be issued if the full response is not received within the stated period; (e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see; (f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and (g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction. I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers to force all parties to comply with the practice direction. I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim. To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. 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. If you fail to disclose this information, I may apply to the court under part 18 and part 31 of the Civil Procedure Rules. I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules. Request for disclosure; I request that you send me information vital to investigating your claims, including: 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. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor. c. 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 ** CREDITOR **. d. 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. e. 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). f. 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. g. 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. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. 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. 3. Any other documents you will seek to rely upon in court. 4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably. I would appreciate your due diligence in this matter. You have 10 days, to furnish me with this information or l will be reporting this to the courts. I await your rapid response. Yours Faithfully,
  15. The claimants claim is for goods sold and delivered by the claimant to the defendant. Particulars claimant's a/c no*********** To goods sold between **/**/03 and **/**/08 and the claimant claims ***.**
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