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stew1981

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  1. I today received the following letter from wescot :- "Dear Sirs We refer to your complete defense. In view of your dispute you have raised we do not intend to pursue this matter any further and the balance has been written off. Yours Faithfully WESCOT." I would like to thank you all for your help with this and wish your all a happy Christmas and new year!!
  2. Sara de tute (wescot own solicitor) although i did recieve one letter from nelson guest and partners solicitor originally. Is there any advice on wording of any letters i should be sending to oft,trading standards or northampton cc, I just fear being tripped up by my wording of any letters. Thanks again for your support guys.
  3. Yes as i suspected..... Ive noticed you suggested me sending them a response in post 25. (some how i missed that post till now) . Sorry and thanks again.
  4. Ive checked with the court and yes defence was in on time, They must think im stupid and gonna give give them my hard earned cash....
  5. strange as the court also sent me this today. I acknowledge recipt of your defence. A copy is being served on the clamant (or clament solicitor). The clament my try to contact you direct to try to resolve any dispute. If the dispute cannot be resolved informally, the clamant will inform the court that he wishes to proceed. the court will then inform you of what will happen. Where he wishes to proceed,the claimant must contact the court within 28 days after reciveing a copy of your defence. After that period has elapsed,the claim will be stayed. The only action the claimant can then take will be to apply to the judge for an order lifting the stay.
  6. (they have now decided to threaten me) Received today:- YOUR FINAL OPPORTUNITY TO AVOID A COUNTY COURT JUDGMENT (CCJ) Dear Mr xxxx As you failed to respond to our attempts to contact you and agree repayment of the above account,a county court judgement (ccj) is now registered against you for the full amount shown above..You should have recived a copy of the ccj from the court. When a ccj is obtained, it is registered on the ccj register for 6 years. It will also apear on your credit file for 6 years which is likley to significantly affect your ability to obtain future credit including credit cards,personal loans,mortgages. IF YOU PAY THE CCJ IN FULL WITHIN 30 DAYSW OF THE CCJ IT WILL BE COMPLETLY REMOVED FROM THE REGISTER AND ,THEREFORE,WILL NOT APPEAR ON YOUR CREDIT FILE. If you do not pay the ccj we may have no action but to take enforcement action against you. This could include:- *securing a charging order against any property you own. *Obtaining an attachment of earnings though your employer. *Instructing a bailiff to execute a court warrent,which could result in goods being taken to satisfy the outstanding ccj. Any additional costs of enforcement will be added to your outstanding balance. TO REMOVE A CCJ FROM YOUR RECORDS YOU WILL HAVE TO ACT QUICKLY You can make a payment or discuss repayment options by: -sending your payment to the above address; or -calling us on 0000 000 000; or -paying online at :http://www.weconppl.com
  7. TODAY I`VE RECEIVED THIS LETTER Dear Sirs We acknowledge safe receipt of your letter dated 17th November 2011 requesting further documents in accordance with CRP.31.14 CPR 31.1 (2) states:- This part applies to all claims except a claim on the small claims track. And it further confirms in CPR 27 (2) (b) that part 31 does not apply to small claims. We accept that as at todays date this matter has not as yet been allocated to the small claims track,however,in our opinion and having considered CPR 27 it is clear that upon your defence being submitted that this matter will be allocated to the small claims track,indeed it seems to us that the small claims track is there to deal with these kinds of cases. You may disagree and the court has discretion in respect of the track allocation, but based on the financial value alone it is difficult to envisage anything other than allocation to small claims track. The overriding objectives as set in CRP1.1 (1) list s a number of rules that we always seek to follow, with this in mind, I can confirm that in accordance with your request we have approached the original lender and requested all available documentation. However, having particular regard to CRP1.1 (1) we will confirm at this early stage that all the information you have requested will not be forthcoming and you should therefore take the necessary action that you believe is appropriate you may also wish to take independent legal advice from a solicitor or approach the citizens advice bureau who should be able to assist you free of charge. it is our opinion that all the information you have requested will not be necessary to prove our case. A court will consider the facts and evidence and make a fair and reasonable judgement, which in our opinion will be that the funds claimed are due and owing. Again, you may disagree, and it isn't really our place to second guess a decision that will be made by the trial judge following the appropriate submissions of evidence by both parties. We hope we have set out our position clearly and fairly and would once again encourage you to take out independent advice. Should you have further queries, please do not hesitate to contact our offices. We confirm our file has been placed on hold for a period of 14 days.
  8. TODAY I`VE RECEIVED THIS LETTER Dear Sirs We acknowledge safe receipt of your letter dated 17th November 2011 requesting further documents in accordance with CRP.31.14 CPR 31.1 (2) states:- This part applies to all claims except a claim on the small claims track. And it further confirms in CPR 27 (2) (b) that part 31 does not apply to small claims. We accept that as at todays date this matter has not as yet been allocated to the small claims track,however,in our opinion and having considered CPR 27 it is clear that upon your defence being submitted that this matter will be allocated to the small claims track,indeed it seems to us that the small claims track is there to deal with these kinds of cases. You may disagree and the court has discretion in respect of the track allocation, but based on the financial value alone it is difficult to envisage anything other than allocation to small claims track. The overriding objectives as set in CRP1.1 (1) list s a number of rules that we always seek to follow, with this in mind, I can confirm that in accordance with your request we have approached the original lender and requested all available documentation. However, having particular regard to CRP1.1 (1) we will confirm at this early stage that all the information you have requested will not be forthcoming and you should therefore take the necessary action that you believe is appropriate you may also wish to take independent legal advice from a solicitor or approach the citizens advice bureau who should be able to assist you free of charge. it is our opinion that all the information you have requested will not be necessary to prove our case. A court will consider the facts and evidence and make a fair and reasonable judgement, which in our opinion will be that the funds claimed are due and owing. Again, you may disagree, and it isn't really our place to second guess a decision that will be made by the trial judge following the appropriate submissions of evidence by both parties. We hope we have set out our position clearly and fairly and would once again encourage you to take out independent advice. Should you have further queries, please do not hesitate to contact our offices. We confirm our file has been placed on hold for a period of 14 days.
  9. I have also today discussed this with a family member who is a barrister, And she agrees with what you have said. Would have spoken to her sooner but she so busy. Its finally feeling better. My head no longer feels like its going to explode!! Thanks again for your help. You guys restore my faith in humanity. You should be proud of yourself. Cheers
  10. Hi Andy I do not remember the account and agree with you if it was my account surely i would remember. Wescott refused to give me any proof of account, But when i originally told them they had the wrong person in 2009 they said ok on the phone and left it at that till about two months ago. Very strange if you ask me. Cheers Stew
  11. The claim is 2000.16 being monies owing to the claimant in respect of goods provided by littlewoods to the defendant under account number .......... The agreement was terminated due to the defendant failed to maintain the agreed terms. In accordance with the pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan.The defendant has failed to respond or maintain a suitable arrangement. Littlewoods has sold and assigned all rights, title and interest,under this agreement to wescot SPV limited. And the Claimant claims interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum from 20/02/2009 to 27/10/2011 totalling 503.13 and thereafter a daily rate of 0.48 to date of judgement or sooner.
  12. Yes the statue barred clock has stopped now, but they failed to respond producing documents requested. how does a holding type defence work?
  13. About two years ago i recieved a letter asking me two pay a debt of roughly £2000 for a littlewoods catologue. I rang them straight away and informed them they must have the wrong person as this was not my debt. To which they apologised and i thought that was the end of it. ( i had dealings with littlewoods some years earlier but didnt remember leaving and debt,) I checked call credit and credit expert just to be sure and nothing showed on either so i left it at that. About 6 weeks ago i recived a letter from wescot solicitors asking me to make payment on this same debt. I checked my credit score again and still nothing showing. So sent them the statue barred/prove it letter. Then on the 1.1.11 i recieved a court claim form. So as i am now in a much better financial situation than i have been in my whole life. And finally seeing the back of the mess i got my self in when i was young (ccj expires next year then i will be debt fee.). I rang wescot and asked why they havent responded to my prove it letter. There answer was that they didnt recive it and the address i sent it to was there solicitors adress. I then asked them to confirm the adress it came from which was a previous address of mine. So i then asked when last payment or contact from myself was to which she replied 17th december 2005. which makes it statue barred next month. I still did not admit it was my debt to her on the phone. I have Filled in the acknowledgement and that i am are defending in full. (i know nothing of the alleged debt). I then sent this letter as advised from money saving expert. 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 documents 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* 4 the termination notice* Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. 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 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 31.14, 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 This was sent about 10 days ago and still no reply. My defence has to be in by Monday 5.12.11 and i have no idea where to start. Any help would be very appreciated. Thanks in advance
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