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beanpole

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Everything posted by beanpole

  1. Hi again and thanks MM. Got all that advice and noted. We'll see what Directions are issued at the hearing. Does anyone have a view on what the Judge is likely to be looking for ? I will still be asking for delivery of doc's which have not been issued and if not, dismiss. Anyone got experience of this stage, with outcome ? cheers BP
  2. Hello everyone. So after some time (court getting busy), the other side, having missed their original deadline for AQ submission, eventually did file. There has still been no reply to my demand for doc's. Instead, their suggested Directions sugest stay for negotiation. Eventually Court has considered and simply scheduled in an allocation hearing. As my AQ had suggested Directions that Court should enforce CPR31.14 and if not strike out, what is likely to be the process at the forthcoming hearing ? Any views on what the court is looking for ? thanks BP :idea:
  3. sorry - it is N150 form, thanks for reply and links ! makes better sense now.
  4. Urgent advice please with reference to AQ's. 1. Section A: I've said no to Settlement as I'm defending the whole claim, using lack of any response to my CPR31.14 request and failure to follow pre-action protocol, as my reasons. Anything else required here ? 2.Section D. I haven't made an official application to strike out, although within my defence I have suggested that it should be.....should I say that I intend to apply and if so, when is it right to do so ? Also, on allocating, when does multi-track get used ? if above £5k, it says should be fast-track..... 3. Section G is about costs....as I'm litigant in person, it says I should not fill in....when and where do I say that I will be asking for costs to be taken into consideration...as my defence was submitted without any response from claimant, I haven't yet identified what my costs might be. 4. Section H, it looks like Claimant pays for AQ, so i assume I say no. 5 Section I, this looks like I use this to say that there are 2 separate claims, even though they have submitted to Court as one action with 2 amounts added together. Also, this is where I should state that my CPR 31.14 request has been completely ignored ? Please let me have any responses as soon as possible to ensure I understand this step properly. many thanks. BP
  5. OK, having submitted to court, my defence has been copied out, with AQ form attached - to be completed, which I will get back to court - seems straightforward enough as I am defending in full, but any advice on this stage welcomed. I know that 'track' and timings will be determined after the AQ's submitted, but I will make the point that there are 2 separate claims here, although all lobbed into one. Nothing back from other side, passed CPR deadline, so any other action I should take now ? Please let me have any advice. Thanks BP
  6. OK thanks yes I have done so and referred to relevant CPR PD's too BP any other comments welcomed !
  7. Still no reply to my letter. My Defence will be submitted and then I guess it will go to AQ's ? Is there any case law anyone knows of where a 'Set Aside' has been quoted as successful defence in CC ? Without naything further submitted, isn't the same argument ? Any urgent help on this please ?? Thanks BP :idea:
  8. Since the 3rd letter went pointing out that there was no right to collect on a debt in dispute elsewhere (no CA forthcoming) and pointing out the law regarding harassment, it has been a bit quieter.... not to say they won't try again later tho' BP
  9. Thanks for that - yes all duly noted and done. Yes I have the Set Aside confirmaton from court etc, which I will quote. Thanks for the references. I am writing my defence....but it appears they are referring to the argument used last time around....nothing beyond that sent yet. hmm....... BP Anyone else with any similar experience of CC post Set Aside - all posts welcomed.
  10. Hmmm, frustrating. Has there been NO response to your CPR 18 request within last 3 weeks ? I believe that you should be able to report this to the Court, copy your letter as evidence and seek a Court Order to enforce it. I think (but don't rely on this), you are into the territory of claimant frustrating your attempts to defend yourself adequately. Maybe just a quick telephone call to the court, asking for clarification would put your mind at rest. Sorry I haven't gone back and read all of your thread - I'll do this later if I can. Hopefully someone else will make a comment shortly with more advice. BP BP
  11. Hi babegem, yes, I agree, you are ok, the CPR18 route is 14 days to respond. What's the latest, if anything ? Have they replied within 14 days and if so, with what ? BP
  12. OK, next I'll be preparing my full defence on this, so any starters for 10 would be welcomed. Also, is there any clarity around the legal postion of applying for CCJ on same alleged debt that was set-aside when Stat' demand route failed ? If the documentation from before is simply repeated, how much can this 'failed' action be relied on ? any comments ? thanks BP
  13. Hi CP, I hope this is great news for you. Congrats. I don't know for sure, but it does appear that you will have to waive rights to cover any of your costs. From what I have seen elsewhere, my only thought is that if you 'agree', then be very careful and clear that them giving up is reflected officially through the court....just getting a letter from them does not necessarily stop court action unless you have confirmation through the legal process. As I said, hopefully others better versed than I, will be along soon to confirm what steps you should take to put an end to it all. ...in the meantime, well done. BP
  14. OK thanks 42man, yes already planned to use the CPR reference, so that I can submit 'embarrassed' defence in time. I will get POC up next; they are limited to amount with dates and account numbers only. They refer to one supposed notice of default and also have added Particulars of interest - charges accruing, but that's about it, no specific list of documents provided, to which I will refer to in correspondence. Only in recent letter have they referred to the previous 'action' attempted, without producing any documents so far. More to post shortly. BP
  15. Hello, I have been issued with County Court Claim for alleged debts owed to Phoenix Recoveries, whose DCA, is acting for them. DCA issued a letter demanding immediate full payment (of a sum I didn't recognise) or they would issue CC action. Despite writing back to say I did not know what they were referring to, in the meantime, they went ahead anyway and started proceedings (!). I now have a reply from DCA telling me I should know that the debt refers to accounts that were apparantly assigned from original creditor. It seems they have been added together and had interest added, together with court costs. These are the same accounts that last year, they issued Statutory Demands for and when I applied to Court for Set Asides, I was successful. I know the basic process, but of course any advice would be welcome, as it seems I will have to go through this all over again, demanding all documentation and putting them to strict proof. In particular, I'd like to hear of any similar cases, having had the Stat' Demand set aside, only then to go for a CCJ.... Many thanks Beanpole
  16. Shawn......Just adding another word of Congrats....well done indeed. BP
  17. Hi again, just seen DocH last bit and your reply. Do quote the specific reference whenever relating to guidelines/points of law..... ....so the failure to abide by CPR pre-action protocols should use the correct section reference, as per DocH. Whenever you can, cite the actual law/OFT guidelines etc...it is not about 'belief' or opinion on their part, but keep it factual....makes it easier for the defence to be focussed and you will come across better.....just make sure on the day, you take copies of any Acts, case law and guidlelines with you as you may need to produce (also makes it easier for judge to refer to and 'believe' your arguement). BP
  18. Hi Babegem...just subscribing... I haven't got through all of this yet, but would point out the following (sorry if you know this already): Phoenix Recoveries purpotedly buy debt from the likes of HSBC, at a major discount and then try to strongarm recovery, by using L&R (Legal & Receivables) / LARGO Law (all same company). Names sound legal...but are just debt collectors...LARGO Law my 'associate' themselves with Caseys Solicitors, but 'Litigation executives'....are not solicitors at law. Debts cannot simply be lumped together, each claim must be substantiated separately, with all necessary evidential paperwork....as on most of the forum's advice...any one of them should fail, if insufficient proof of agreement/default/assignment/amounts etc. Flexiloans/personal loans are still loans and not overdrafts/bank accounts, so dont be fobbed off by this...so under CCA law and each requires production (and proof of delivery) of all relevant paperwork. If the accounts are old enough to fall under CCA 1974 (pre 2006 I think ?), then look up several forum cases 'won' for specific guidance and references. If they have not got paperwork proof as formal evidence served properly on each agreement, then each needs to be challenged on its own merits. If the account numbers/amounts are different to yours, then you should also defend on basis of not recognising their claim......eg.could have any number of debt collectors chasing....you are simply trying to determine their rights to collect on that specific debt... Try not to be too upset by LARGO Law....and try not to panic too much....by the time it comes to being heard, you'll probably know more about the CCA rules than they do... Good luck and keep reading similar threads. BP
  19. Congrats Dibs - really pleased for you. Have you now had your costs paid ? BP
  20. Hi there, sorry it's dragging on for you CP. Given the much overdue deadline, can you not apply to to the Court for an 'Unless Order'. I know it involves a fee, but if possible, should be worth it...no documents, no case surely ? most other cases seem to have a judge giving max 28 days to comply, so why can't such an application be made ? regards BP ps started another thread of my own with an AMEX/CSL farce - any advice welcomed !
  21. Hi Dibs...without giving too much detail away, roughly when is your court attendance ? It is important that you print out and take with you any specific case law you quote (as in your set aside application)...just in case the judge asks to refer to it. You may not need, but better to have all the ammunition - just in case the judge is a bit difficult, as was mine ! The rest of your argument looks sound - simplistically, apart from the unlawful charges, it is a complete defence at law if no CCA has been produced. Also, if not already done so, have a look at CPR as they won't have fully complied with the Practice Direction Protocols that cover Pre-Action Behaviour: CPR - Rules & Practice Directions then tab on Pre-Action Protocols then Practice Direction protocols and go to s4 - for me this just adds up to the 'abuse of process' and wasting court's time etc. This, with breach of OFT Debt Collection guidleines adds up to vexatious actions and harassment, without substantiation on their part. Hopefully the judge will simply get annoyed with them and allow your set aside. And keep reminding yourself to ask politely for costs to be awarded if successful. Finally, have you asked for a copy of their formal complaints procedure ? If not, do so, as they rarely provide anything. - more non-compliance etc. Always sign off letters with 'I reserve the right to produce this as evidence in court' Hopefully since your last comment, things have been ok for you. Please post update. And if the hearing is imminent, best of luck.
  22. Thanks Pal' for your comment - as seems usual, it's just the hassle, frustration and time it all takes to point out the law. Still would welcome any other comments or experience from others. Thanks
  23. Hi everyone again, Any advice welcome on recent events on a disputed account: Originally, AMEX used RMA Resolve to collect on an account and when things escalated I wrote politely and challenged back: I CCA'd RMA with the £1 payment using understanding of the 74 Act etc and was informed by RMA that they were passing account back, as AMEX were unable to provide documents. They confirmed I would not be hearing from them again . However, very soon after this, I received a letter demanding full payment from Credit Solutions Ltd (CSL), including a large sum added for their 'handling fee' So I wrote, quoting 'Account in Dispute' 'I do not owe you any money' etc and pointed out their breach of the law and OFT Guidelines etc, in that they could not collect on a debt in dispute. They proceeded to send letters, offering large discounts for early settlement and even wrote to 'the occupier' asking for information about me.... So most recently, they have written again, ignoring my correspondence and now threaten to take me to court, with the usual threats of what might happen to me, if I do not pay or telephone them within 7 days . So, I have written again, refusing any payment, reminding them of my previous statements of fact, that they are not allowed to collect on a clearly disputed debt, that AMEX have failed to provide CCA and that CSL are now not only breaching CCA '74, OFT Debt Collection guidelines but also Data Protection and that this is now a matter of complaint to the financial bodies and Trading Standards etc - I have asked for a copy of their complaint procedure, but again, nothing ! I have told them that I'd be happy to point out their breaches in court and told them again to pass the account back to AMEX, as they are not getting anything from me. So I'm waiting for a reply, again, I expect nothing, so would welcome any comments...any others that have had dealings with CSL, similar to mine, I'd like to know process, outcome etc...... Look forward to hearing from you all... thanks BP
  24. Just signing on - good luck with this Dibs. I'll start a new thread as I've now got Credit Solutions (CSL) threatening legal action trying to enforce a debt previously in dispute and returned by another dca after CCA couldn't be produced ! BP
  25. WOW - Ab fab Vamp - mee too; whoopee, well done. See, nice judge helps, mine was a battle, but got there in the end too. Go girl.
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