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tanner1975uk

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  1. Thanks for taking the time to reply, i have recieved an email response today (not from CEO) stating that my records have been updated and no further contact will be made........i'm not holding my breath but we shall see.
  2. Hi all I removed my consent back in February for which i have proof of receipt, since then they repeatedly text and phone (which i ignore) however now they seem to have discovered where i work and are sending emails to my manager and various other workers at my place of employment, would love to know how they even got hold of their email addresses.......... I have emailed the CEO (no response yet) was just wondering where i stand with this and what action i should be taking if any?
  3. I have now received a letter from Capquest stating the following. "We write with regards to the above matter and to confirm that after completing our investigations we have decided to take a pragmatic approach and close the account on our system. We will no longer contact you regarding this matter." So success there and thanks to all that helped me achieve this. On my credit report i have a default to Capquest for this debt, bearing in mind the above response is there anything i can do to get the default removed or is that still valid? Also should that default still show as a default on future months going forward on my report?
  4. Further communication recieved as per attachment.
  5. They have responded to me, i have scanned in their letter and enclosed documents.
  6. Andy you are a lifesaver, i have submitted the above and will feedback when any further response is received. Again many thanks to you.
  7. Hi Andy, you have been great and your help is invaluable. I have found the below defence from one of your older posts and was wondering whether this was indeed suitable to use or whether you could recommend any changes to it. DEFENCE 1. 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). 2. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: - 3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; 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. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. 4. On receipt of the claim form the defendant sent a request by way of CPR XXXX, for a copy of the agreement which forms the basis of this claim. 5.. It has been confirmed via the Royal Mail Website taat this request was received and signed for on DATE XX. However, no response has been received from the Claimant. 6. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed. 7. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim and the documents requested.
  8. Thanks Andy, is there any kind of template for a defence or some guidance somewhere as I've never had to submit one before.
  9. Have received a response from Capquest as below. "we confirm receipt of your letter dated 10 April 2013. We are currently liasing with Shop direct financial services in an effort to obtain copy documentation. Once we are in receipt of this we will forward it to you. In the meantime we have instructed our solicitors to stay our claim meaning that whilst we investigate this matter further no further legal action will be taken" As of yet i haven't submitted a defence, considering the above response do i still need to do this?
  10. Thanks again for all your help so far chaps, CCA & CPR both sent by recorded delivery so i shall report back with any response received.
  11. Thanks again, i have amended the CPR as per your comments. Once the CCA & CPR have been sent off whats the course of action from there on?
  12. Hi Andy, thanks for your input i shall do that. Do you think the wording of the CPR 31.14 is ok?
  13. DonkeyB would you say this is good to send now?
  14. Ok have removed the claim number thanks, i have taken out the defence part leaving it as below, better? Dear Sir, ***CPR 31.14 Request*** On 02/04/2013 I received the Claim Form in this case issued by you out of the Northampton County Court, Claim No. XXXXXXXX. I confirm i have returned my acknowledgment of service to the court. 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 document(s) mentioned in your Particulars of Claim: 1. The Credit 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. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date 3. Notice of Termination 4. Notice of assignment from yourselves and the original creditor. You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 documents' 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 Sincerely,
  15. How does the draft CPR below look? Dear Sir, ***CPR 31.14 Request*** On 02/04/2013 I received the Claim Form in this case issued by you out of the Northampton County Court, Claim No. XXXXXXXX. I confirm having returned my acknowledgment 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 document(s) mentioned in your Particulars of Claim: 1. The Credit 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. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date 3. Notice of Termination 4. Notice of assignment from yourselves and the original creditor. You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 documents' 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 Sincerely,
  16. Just cannot get a post formatted on here from my works pc, i shall post again from home later on, thanks for all of your help so far.
  17. My credit report states the default balance is £251, and current balance is £404
  18. Oh ok thought CCA & CPR had to be done but one less thing to worry about. It was a standard catalogue account (littlewoods etc) that was opened online, defaulted due to other priorites to be honest, i'm unsure what the actual balance should be as it's a good 2 to 3 years old however they are claiming for £299.99 plus £15 court fee and £50 solicitors costs. There were a few letters from Capquest prior to court papers but being who they are i didn't really pay them too much attention and they went in the shredder..
  19. Apologies i'm not sure why all the spacing and paragraphs have disappeared, have tried to edit but comes out the same!
  20. Hi all, Just after a little assistance, i have received a county claim form from Capquest on a Shop Direct account. I have completed the AOS and have a CCA printed out and ready to send. I'm basically after a little assistance with the CPR 31.14 process as i am unsure what documents i need to request, i have provided the POC as per below and would be grateful of any assistance. 'Part only of monies due under regulated credit agreement number ******** between Shop direct financial services and the defendant the benefit of which was assigned to the claimant on 17/11/2010 The agreement terminated upon the defendant(s) failure to comply with the terms of the agreement. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07 any payments or queries should be directed to the claimant on: 0844 248 9091 (phone) or 0844 248 8999 (fax) or email [email protected]'
  21. I have spoken to them today and they state the fee is payable as the £100 had to be paid by them in order to apply for the aoe, they would not accept the fact that as they lost that i should not have to pay!
  22. It's fine i should have been clearer, they are all costs added to my outstanding bill by the water/debt company
  23. Sorry not sure why my post is coming out like that, there were paragraphs and spacing etc but i cant seem to get the post to display correctly!
  24. Hi all A while ago Essex & Suffolk water via Alexander James took me to court to obtain an attachment of earnings on an outstanding water bill, the court actually ruled in my favour and now being in a better position financially i am looking to pay the debt off in full.My question to the knowledgable folk on here is, where do i stand in terms of court fees added to the bill, do i need to pay these as the ruling went against them. Court fee = £15 Solicitor fee = £50 Judgement fees = £25 Attachment of earnings fee = £100 (never obtained so surely not payable) Any help appreciated.
  25. I have a very small loan to pay for a football season ticket with Zebra finance, my direct debit is due to come out on the 22nd of this month, however due to unforeseen circumstances the money will not be in my bank, i have contacted them to see about moving the date back a week or so rather than just cancelling the debit, basically their response was that it is too late to change the date as it's "in process with the bank", i suggested that i cancel the debit and contact them on monday to re set-up the d/d, their response was that according to the terms and conditions if i were to do this then i will incur a £25 charge for setting up a new d/d, personally i think this is outrageous and have never come across this with any other organisation, their best suggestion was that i borrow the money from elsewhere to ensure the original d/d processes as and when it should!! Can they do this irrespective of their terms and conditions? I know it's only £25 but this has rather got my back up!
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