RBS/Nelson Claimform old Card Debt **WON**

[gaz2006]

Help Received today summons from NELSON GUEST AND PARTNERS RE ROYAL BANK OF SCOTLAND CARD (IN FACT ITS NAT WESTY CARD )

POC STATES

"the claimants claim is in respect of a credit agreement between the claimant and the defendent , full particulars whereof having been given " they also go on to claim 8% interest add on court fee and solicitors fees .

 

My comments are it mentions no card number or account nothing about how debt made up etc ( I have 3 Nat west cards around same amount ) and the havent supplied me any information ie "full particulars as they say "

I WROTE SEVERAL MONTHS AGO TO NAT WEST RE THE 3 CARDS AND ASKED FOR CREDIT AGREEMENTS NEVER GOT ANYTHING BACK .

SO WHAT DO i DO NOW REGARDS GAZ

[Edz11]

Is it from Northampton County Court? (online). If so, do nothing yet. Does it look to them like you're a "head in the sand" debtor - no contact with them etc (apart from your CCA request)? I'm asking cos it's tactics...

 

need to know the date of claim though.

[gaz2006]

Is it from Northampton County Court? (online). If so, do nothing yet. Does it look to them like you're a "head in the sand" debtor - no contact with them etc (apart from your CCA request)? I'm asking cos it's tactics...

 

need to know the date of claim though.

 

Look just becasue I look like an ostrich doesnt mean ive my head in the sand ha ha it was Hull county court cca request wasnt sent to the solicitors it was sent to nat west , i received a letter from the solicitors in dec and january the january one i faxed them a reply saying nat west hadnt sent credit agreement and 17th Jan I sent recorded letter asking nat west to stop processing my details as they had no authority to do so as they hadnt produced agreement ... are you talking about my tactics or theirs ????

[Edz11]

Your tactics ostri - sorry, gaz.

 

Presumably you live near Hull. You have the 14 days to acknowledge the claim which then gives you 28 days. If you don't put an acknowledgment in they can apply for a default judgment. So your acknowledgement has to go in, in time. Now, reading threads on here it's clear some courts have several piles of paper and not link them up and they may well apply for a default judgment (and get it) even though your acknowledgment is in. So when you take it get a quick receipt (or anythiing) to show that it was in on time. So hand deliver the acknowledgment but on the last day if you can.

 

A couple of days before the defence is due in (28 days later) you need to send them a fax. In it you'll ask for information you need to get your defence together. That may be short notice for Neilson Gest, but they started the court claim! PM me four days before the defence is due in if I don't see your thread. Oh, make sure you have Neilson wotsit's fax number.

[gaz2006]

Your tactics ostri - sorry, gaz.

 

Presumably you live near Hull. You have the 14 days to acknowledge the claim which then gives you 28 days. If you don't put an acknowledgment in they can apply for a default judgment. So your acknowledgement has to go in, in time. Now, reading threads on here it's clear some courts have several piles of paper and not link them up and they may well apply for a default judgment (and get it) even though your acknowledgment is in. So when you take it get a quick receipt (or anythiing) to show that it was in on time. So hand deliver the acknowledgment but on the last day if you can.

 

A couple of days before the defence is due in (28 days later) you need to send them a fax. In it you'll ask for information you need to get your defence together. That may be short notice for Neilson Gest, but they started the court claim! PM me four days before the defence is due in if I don't see your thread. Oh, make sure you have Neilson wotsit's fax number.

 

nowhere near hull ....would be a 5 hour trip i think if i fax them a few days before defence should be in then l wont have time to do a defence will I ? Regards Gaz going to bed now cheers

[Edz11]

The Civil procedure rules apply;

 

Automatic transfer 26.2 (1)This rule applies to proceedings where –

(a)the claim is for a specified amount of money;

(b)the claim was commenced in a court which is not the defendant’s home court;

©the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside (GL) or vary default judgment – procedure) or rule 14.12 (admission – determination of rate of payment by judge); and

(d)the defendant is an individual.

(2)This rule does not apply where the claim was commenced in a specialist list (GL) .

(3)Where this rule applies, the court will transfer the proceedings to the defendant’s home court when a defence is filed, unless paragraph (4) applies.

(Rule 2.3 defines ‘defendant’s home court’)

 

So you need to post your acknowledgement off three days before (special delivery) and we do the fax five days before.

[Curlyben]

Throw this at the solicitors for starters.

 

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. This letter supersedes the Data Protection request made to on the **DATE**. 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,

 

 

You MUST acknowledge service thus giving extra time to file a defence, 28 days after service.

By that time we might have a response to the CPR request, if not don't panic.

[gaz2006]

thanks for that thought that if they didnt produce credit agreement when asked for under cca etc that it was an "unenforceable debt " Ill send off acknowledgement and submit to solicitors as for transfer of case yep that applies as i am a poor consumer not a rich playbly working for the solicitors or the banks ha ha Regards Gaz

[Edz11]

Gaz - hang fire on the CPR18 request for the moment. Just make sure the acknowledgement is in on time so you get the full 28 days.

[patrickq1]

do excactly as curlyben has written......

patrickq1

[Edz11]

I'm not saying otherwise. Just don't do it yet. The more time they have then the more time they have. If they get the CPR request too soon then they are forewarned. It's all about timing.

[gaz2006]

I'm not saying otherwise. Just don't do it yet. The more time they have then the more time they have. If they get the CPR request too soon then they are forewarned. It's all about timing.

 

ha ha conflicting advice here ha ha if they dont have enough time though good but means i cant put in full defence ?

[Edz11]

Well, you can't put a full defence in as they haven't replied to your original CCA request made some months ago. As you've said - they haven't even identified which claim the action is for (perm any one from three...).

 

Did you send off your £1 with the requests you made a few months ago and did you keep your proofs of receipt? When your acknowledgment goes in that extends the 14 days to 28 days. If they have not replied to your rather short notice request for info you need to prepare a defence then you have to say why you can't a put a full defence in. "they haven't told me/given me this and that". The AQ that you will get from the "embarassed defence" will be from your local Court. Completing that gives you chance to say what you have have asked for twice previously and gives you chance to do your CPR 18 request.

 

Why? Well I did it this way so that when it ended up at my County Court a Judge looked at it for the first time and could see;

1) that I'd contacted the claimant prior to the defence being due - no response.

2) That they had been CCA'd - no response.

 

I enclosed a copy of the CPR 18 request which was short and sweet. The Judge then issued an "unless order" which meant that no response by the claimant would see their claim struck out.

 

And it was:)

[gaz2006]

Well, you can't put a full defence in as they haven't replied to your original CCA request made some months ago. As you've said - they haven't even identified which claim the action is for (perm any one from three...).

 

Did you send off your £1 with the requests you made a few months ago and did you keep your proofs of receipt? When your acknowledgment goes in that extends the 14 days to 28 days. If they have not replied to your rather short notice request for info you need to prepare a defence then you have to say why you can't a put a full defence in. "they haven't told me/given me this and that". The AQ that you will get from the "embarassed defence" will be from your local Court. Completing that gives you chance to say what you have have asked for twice previously and gives you chance to do your CPR 18 request.

 

Yes I see your point and I did send recorded

Why? Well I did it this way so that when it ended up at my County Court a Judge looked at it for the first time and could see;

1) that I'd contacted the claimant prior to the defence being due - no response.

2) That they had been CCA'd - no response.

 

I enclosed a copy of the CPR 18 request which was short and sweet. The Judge then issued an "unless order" which meant that no response by the claimant would see their claim struck out.

 

And it was:)

Yes I did send recorded and have proof of posting etc hate these debt collectors / solicitors make me so much work regards Gaz

[gaz2006]

You MUST acknowledge service thus giving extra time to file a defence, 28 days after service.

By that time we might have a response to the CPR request, if not don't panic.

 

Just thought i d share with you what happened amended your suggestion curly see below and sent to HUll Court by e mail this afternoon got reply by telephone hed seen it given to judge who then has granted order to stay case until plaintiff has supplied the infomation I asked for and extended deadline for my defence quick work i will say regards Gaz

 

 

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company.

 

I am embarrassed by your claim as it does not specify what account or

card number and lists "credit agreement " as details of claim without

supplying the aforementioned credit agreement . It also states "full

particulars whereof having been given " as nothing has been given that

is not true any cards I had with your client are under dispute as your

client has not fulfilled obligations under the CCAct 1974 and as such has

gone from being in default itself to having committed a criminal act by

not supplying the information lawfully asked for . Because of this

criminal act caused by your client any debt which does or does not exist

is unenforceable with or without a court order .

 

I also do not understand the interest claimed from 6/1/08 to 8/1/08 what

significance do they have ?

 

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. This letter supersedes the Data Protection request made to your client . The information must be furnished by the 17th February

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 Royal Bank of Scotland .

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 weremlevied.

h. A genuine copy of any deed of assignment, or proof that anyone if

applicable has 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 any third party acquired the debt, what

organisation it was acquired 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

 

 

Love this site regards Gaz

[Edz11]

You need a copy of the order and as soon as you get it you need to let us know what it says.

 

The ship's engines are at "full stop" but the ship is still afloat. It could restart engines and get underway at any time. The idea is to sink it with all hands...

[gaz2006]

You need a copy of the order and as soon as you get it you need to let us know what it says.

 

The ship's engines are at "full stop" but the ship is still afloat. It could restart engines and get underway at any time. The idea is to sink it with all hands...

 

 

yes I will like your turn of phrase Edz very eloquent the rats arent leavin my ship yet ,,,,,

[gaz2006]

Order says

Upon courts own motion

It is ordered that

the claimant do file and serve full particulars of claim by 4pm 27 Feb 2008 and the claim be stayed until receipt . Defendent time for service of defence be extended until 14 days after receipt of the further particulars of claim .

 

So nothing happens uiuntil they give more particulars whether they send copy of agreement etc dont know but when I receive something Ill let you know Regards Gaz

[Edz11]

If any survivors have taken to the lifeboats they can be machine gunned by applying for a strike out after 27th...

[gaz2006]

Westcott / Nelson Guest were supposed to send full poc etc by 27th phoned court today they sent to coutrt said they had served on me but nothing received . court told me to get in touch with plaintiff did so got call back from a pratt who said they had been sent . i said I hadnt recieved anything asked if he sent with proof of delivery he said he didnt have to . I asked what had been sent he said poc and statements I said statements of what he wouldnt say , i asked if agreement copy sent he said no I said his client was in default and had committed an offence he said rubbish and put phone down rude arrrogant pratt . So I have been back onto court they are going to send copy but it will be 14 days by time I get it me thinks and I had to put in defence by then think they did this on purpose what shall i do ???

[gaz2006]

Further to last e mail received fuller poc from court as solicitors rude as in previous .

here is synopsis

No agreement

around 60 statements of card and the following

"The claimants claim is in respect of outstanding monies owed by defendent to teh claimant pursuant to an agreemnet entered with Nat west Bank . The agreement entered on ............teh agreement was for the use of a visa credit card the card number being ........

The defendent did not make payments or agree a reaosonable arrangement claimant seeks judgement

 

So it mentions agreemnet many times but sned no agreement which was asked for in my letter see on previous posts . I have 4 days to put in defence can someone help . As reminder nat west sent £1 for copy of agreemnt never supplied and all letters etc all sent recorded never answered etc so in my mind they are in default have committed offence and still havent seen if they ahev any agreemnt or even a properly executed one comments and help please Regards Gaz

[AndyOrch]

Hi Gaz

 

I presume you have acknowledged service with intention to defend in full have you requested via CPR 18 any information with regards to their claim.If not i suggest you do this as soon as possable even though you have left it a tad late with 4 days to your defemce submission.Get one off G/D next day nothing less giving say 7 days to respond.

 

 

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. This letter supersedes the Data Protection request made to on the **DATE**. 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,

 

Regards

Andy;)

[gaz2006]

Hi Andy i already sent that before to them and they ignored it and sent copy to court and court ordered them to submit full particulars of claim and 14 days after that was served I had to do a defence but they ignored what i aske d for and just sent the poc in previous posts etc

[AndyOrch]

Hi Gaz

 

Is your claim from Northampton Bulk claims just wondering re time limits

 

 

Andy

[Curlyben]

Andy, while it is gratifying that you are trying to assist Gaz rehashing advice that has already been given is a complete waste of time.

 

Gaz so these "people" have completely failed to disclose the required information as set out in the Order from the court in post #18.

 

I would bring this to the courts attention that they are trying to frustrate proceedings by NOT supply all material that has been requested.