NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*

[Curlyben]

IF you have received a court claim for these people, DON'T bother with the CCA/S.A.R - (Subject Access Request) requests.

As there is action now being taken you are entitled to all the information that they will use in court.

Fire this off to them on NEXT DELIVERY.

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-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. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

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

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 seek to rely on 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.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

[Curlyben]

Womble if you DON'T file a defence they WILL win and obtain a judgement against on their terms.

[Curlyben]

Womble, exactly right there.

This is certainly a vexatious action and that will form part of the defence.

[Curlyben]

One more quick thing can harrasment at work via phone calls at my work of place be classed as a defence.

 

Womble

Yes indeed, especially if you have a open plan office or they went through the main switchboard.

[Curlyben]

Now that WILL go in, especially as it goes against the OFT debt collection guidelines.

 

ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

Anything else you can think of ?

[Curlyben]

Gets better and better.

Was this from NR or an agency ?

[Curlyben]

As Tesco says "Every Little Helps"

[Curlyben]

Womble, bear in mind that CAB, as good as they are, aren't fully clued up with the whole lawfulness of charges.

Now NR cannot get a charging order UNLESS you default on a judgement.

What we are trying to do for you here is make NR see sense and come to a reasonable repayment plan with you.

After all you have already approached Payplan and NR refused to deal with them.

This is another point in your favour that YOU are prepared to act in a reasonable manner.

[Curlyben]

Womble, no problem we are here to help, but a Gizmo said, if there is anything you are unsure of ask.

We don't bite

 

We are trying to get NR to act in a reasonable manner towards this issue and also makes sure that the judge sees this as well.

As you other creditors are willing to accept payment from Payplan then NR should be as well.

[Curlyben]

If you can scan to adobe (pdf) then you can attach it here.

Simply click Go Advanced then click on the paperclip icon and go form there.

[Curlyben]

Paul just slapped me to say stick post it notes over your personal details so to keep anonymity.

[Curlyben]

Thanks for that Womble, they're great.

[Curlyben]

You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

I think you got slightly confused here.

I think you meant to say if the agreement DOES turn up then......

 

As if it doesn't then that's a great part of the defence.

Remember No CCA = No Enforceable debt.

[Curlyben]

Womble, don't panic as it will automatically be moved to your loacl court as you are the defendant.

[Curlyben]

The amount you owe should be,

35k of loan - payments = 29 K they are claiming BUT there should also be the redemption of interest as well.

 

So, and this is an example, say the remaining interest was 9k the claim should be for 20k and NOT the 29 they are claiming.

 

Hopefully Nick will get back to us with some calculations to assist in this matter.

[Curlyben]

Womble, for everyone can you please confirm the dates please.

Need,

 

Date of service

Acknowledgement of service

Defence deadline.

 

Just need to be crystal clear on dates here.

[Curlyben]

Result !!!!!

 

 

 

Did they say why ?