cheers Andy

So i could send either, get ignored and get sent increasingly threatening letters. Joy......

I found this as a letter. Is this suitable or should anything else be added. Dear Sirs, Account No: I do not acknowledge any debt with your company or associates. I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems. I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted. Yours faithfully Many thanks Tobasco

thanks Andy and 42man for the replies. 42man this is the first letter they have sent so I shall go with the section 77/78 request which will hopefully nip it in the bud. What I would like to be able to find out is why I have been associated with this debt when I have never had the account or credit card. Does this happen often. Can this be reported?? many thanks tobasco

Hi I have just received a letter from Ruthbridge limited representing Cabot Financial for a debt assigned from barclaycard creditcard. Thing is I have never had a barclays bank account yet alone a barclaycard credit card. Where would thay have got the information from..... Is there a letter I can send to them basically telling then their information is wrong. Many thanks Tobasco

Hi I have recently received from IND a photocopied stack of statement sheets, probably from a micro fiche archive. I have also spoken to the courts and the case was stayed on the 23rd April. Can anyone help as to what my next course of action would be, or is it just a case of waiting it out to see iff they get their act together and produce some paperwork. Many thanks Tobasco

Hi Tiger Managed to find a defence and alter it accordingly. This was submitted and at present still waiting a response. been reading your thread. How goes it? Tobasco

Hi Whilst away I have received a letter from INDdespite sending to Hegarty LLP. Gist of the letter is as follows. " Having taken counsel's advice on the issues we respond as follows. Claim is likely to be allocated to small claims track. As you are aware CPR part 31 does not apply to small claims. In our view it would be illogical and contrary to the overriding objective for CPR part 31 to apply between issue and allocation to the small claims track. Notwithstanding the above, your right to documents under cpr31.14 (had that been applicable in this case, which, as explained above is not applicable) arises as a document concerned is mentioned in either a Statement of Case, Witness Statement, Witness Summary or Affidavit. The words ' referred to' in the rule indicate that the right to inspect arises only once a specific reference to a document has been made. Where there is no more than an inference, as opposed to a specific reference to the existence of a document, we are not bound under CPR31.14 to provide such document. Accordingly, we are not required to provide you with any documentation requested in your letter The particulars set out in the claim form in this case provide you with sufficient information to respond to the claim. If you fail to do so within the time provided by the CPR, the claimant reserves the right to enter judgement in default without further notice. " Looking at some other threads this appears to be a fairly default letter. The following sentence has me a little puzzled The words ' referred to' in the rule indicate that the right to inspect arises only once a specific reference to a document has been made. Surely in the particulars of the claim they state "Notice of assignment was provided to the defendant by the claimant in writing" Having not received this and being what was asked for with the CPR31.14 surely this statement is incorrect as specific reference to the document has been made..... Confused. What is now my next step Many thanks Tobasco

Cheers Andy. Have spoken to the court and confirmed dates for defence. Should give me 10days after I come back to submit a defence. Must have been a glitch with the tinternet that stopped me from logging on. Regarding the defense. By incorporating the initial claim re the unfair charges. doesn't that lead to me acknowledging the debt. Instead of getting Hegarty to prove they have a right to it? Many thanks Tobasco

Cheers Andy. Can you confirm on dates. Claim date 15th Feb. Acknowledged on the 22nd. So do i have 28 days from service in which case 13th March or is it 28+5 days in which case 18th. I have seen differing comments on this so can someone confirm. Also I'm away next week so unable to see what comes through the post. Is it worth sending another cpr31.14 to Hegarty? Will there be anything gained from sending a SAR to Abbey who may or may not still hold relevant information. What coarse of action would be advisable to take. Have read through sticky relating to embarrassed defense and whether a good idea or not. now confused what exactly to do.... Would anyone know why I can't login to the moneyclaim website? Will ring the court in the morning. My original user ID seems to be missing so registered again. Once in says that Claim no. and or defence pack password are incorrect...... Frustrated and slightly confused (read through too many threads) Tobasco.

Ok its now 7days since the cpr31.14 i sent off was signed for at Hegarty llp. As of today there has now been no reply. Do I now enter an embarrassed defence and if so is there a template or similar that can be entered? also what is my next step. Do I also now submit a n244 or the is the fact I have had to enter an embarrassed defence sufficient?? Many thanks for any responses Tobasco.

Not sure. Anyway of being able to find out. Can anything be done after 6years??

Hi Andy. Cheers for the welcome. I seem to remember that Abbey dug their heels in and refused to cough up. I think there was a protracted court case going through around that time and they were doing their best to wait on the eventual outcome. generally felt as though I was banging head against a brick wall and eventually gave up. As a result no charges refunded. Probably what they wanted....... Tobasco

Hi. Having read through various posts and expecting a poor response to the cpr 31.14. 7 days is up this friday (2nd March) What is my next course of action. I used the CAG template which included the offer of time extension. Do I then submit an embarrassed defence? Make phone calls to various people finding out what is going on. Or just submit a form N244 or all of the above. I am conscious that the clock is ticking and I would like to be able to have everything in place to submit any necessary paperwork etc. Many thanks for any help offered T_F

Hi I have a very similar timeline and debt issue as in this thread "consumeractiongroup.co.uk/forum/showthread.php?337189-hegarty-llp-robinson-way-county-court-claim-received-HELP-PLEASE" (unable to post full link post count not high enough) . So not wanting to hijack that thread here is my own. Recently received a count court claim from hegarty llp for robinson way. Particulars of claim as follows. The claimant is the assignee of a debt from abbey national plc Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt remains due. The claimant complied with Section III and IV and Annex B of the PD pre=action conduct. And the claimant claims. Current account account number xxxxxx xxxxxxxx balance of 1304.10 as of 15/04/07 . interest under s69 of the county court act 1984 at the rate of 8% a year from15/04/07 to 15/2/12 of 505.06 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.29 AND costs. The debt arose from an overdraft from 2006. having put in a claim for repayment of bank charges Abbey kindly withdrew my overdraft facility and requested immediate repayment. At the time this was not possible so I moved to another bank for somewhere to pay wages without losing the lot. This on top of other ongoing debt problems at the time meant this one was generally ignored. Over the years this has been passed through various debt collectors and now ended in a CCJ claim. The account hasn't been touched, acknowledged or payments made since approximately July 06. I have acknowledged service and sent off a cpr31.14 claim. Is there any need to send off a SAR to Abbey? Is there anything else i need to do paperwork I need to request. Having read through a few threads and in anticipation of a poor response from Hegarty LLP, what would be my next course of action. Many thanks T_F