Welcome/Irwin Mitchell - Court Claim no default

[Isiris]

Can you be taken to court for a loan debt if you have not been issued a Default Notice (the one giving you so long to do something) and then been informed of the default notice being registered.

 

I have received a summons from Irwin Mitchell for the loan I have with Welcome. There is no account number, no breakdown of money owed and how calculated

 

By an agreement entered into between the claimant and the defendant, the defendant has failed to pay the sum of ****.** (More than 5k) or any part therof. The claimant has requested payment but the defendant has refused or delayed to pay. The claimant claims blah de blah.

 

The first I knew of this was a letter I received on Thursday that was sent 2nd class giving me 7 days. They raised the claim on Monday

[postggj]

another happy welcome customer

can you confirm its a county court n1 form with the court seal

when did you take out the loan

[AndyOrch]

Hi Isiris

 

Usual tactic from our friends at Irwin Mitchell wouldnt know one end of a P.O.C from their backsides never include account numbers or any relevence in their claims hit them with a CPR 18 request and watch them run for the hills

 

 

Regards

Andy

[Isiris]

Jesus lads(es) that was quick for so late at night.

 

Already filed Acknowledgement of Service and I will defend. Anyone get any help with the CPR 18 request par favour

[Isiris]

another happy welcome customer

can you confirm its a county court n1 form with the court seal

when did you take out the loan

 

Yes defo a CC form and loan take 16 months ago

[AndyOrch]

there this is the CPR 18 request letter once legal proceedings have comenced it is used to request info pertaining to their claim no need to include payment and give them 7/10 days to respond

 

CLAIMENT

Request for Informationn CPR18

 

Claim Number:

 

Account Numbers:

 

 

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 accounts 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. This information must be furnished by the XX/DEC 2007.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.

 

The following information is required:-

I hereby request all data that XXXXXXXXXX PLC hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account held with XXXXXXXXX PLC. I also require a transcript of all recorded phone calls pertinent to the accounts and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of XXXXXXXXXPLC, or any other 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 accounts held with XXXXXXXXXX PLC.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

 

 

A true copy of the original signed agreement between myself and XXXXXXXXXPLC.

 

All data in respect of this account held in the relevant filing systems of XXXXXXX Bank, including details of all telephone calls made by your organisation to my home telephone number

and notes made in respect of those calls.

 

Specific details of the fees/charges levied in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied

A true copy of any Default Notice issued in respect of said accounts.

I look forward to your co-operation in this matter and receiving the documentation by the XX/DEC 2007 . Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival

 

 

 

Yours faifully

print name ( dont sign with usual sig)

 

Edit to suit

 

Regards

Andy:cool:

[AndyOrch]

Send it N/D g delivery costs abit more but at least you will have proof

 

 

 

 

Regards

Andy

[Isiris]

Thanks for that

 

Can I just ask though, can they take you to court if they have not issued a default notice. I thought they had too under the CCA

[AndyOrch]

hi Isiris

 

Never stopped them before but they will have to have good explanation if and when proceedings comence and you highlight the fact in your defence.

And of course they would have to produce it on submission of your CPR 18 request.

 

 

 

 

Regards

Andy

[conradsfate]

subscribing, i'm fighting these on car hire purchase and unsecured loan