Court Date from DCA

[bracknellboy]

Hi All,

 

I have received a court date for Robinson Way who are chasing me for a debt from Capital One. I had written to them directly when they first contacted me requesting the CCA. They failed to cokmply with this, despite a second letter, all of which were sent recorded delivery.

 

On receiving the court documents, i filed a partial defence, and have requested information from their solicitors under the civil proceedings rule, they have written back refusing saying they have no need to comply with this request, and that as i have filed a defence the information I am requesting is not covered by the civil procedings rules, and is covered under disclosure. Although they did suggest that I could get the information under the DPA sending £10.

 

Any help would be appreciated.

 

Thanks

[NitrousOxide]

Hi,

Was it the letter from this site requesting further info?

No you don't have to pay anything as it's now a court matter and you are asking under the CPR.

Some of the helpers will undoubtedly be by later, it may help if you type the particulars of claim on the court document.

It's unusual I have to say for RW to sue.

[bracknellboy]

Hi yeah it was the CPR letter from the site that I used, maybe i need to write to the court about it!

 

How do you get courts to make order to get information regarding the claim?

[tomterm8]

How much is the claim for?

[bracknellboy]

hi,

 

they are suing for approximately £1500-1600. My concern is that I was infront of a judge not so long ago who said there is already agreement about how much a credit card can charge! anyone know what he was on about?

 

Secondly, I need to know how to get the solicitors to comply with the requests I already made under the CCA, and CPR?

 

If anyone could answer these questions I would be grateful.

 

Thanks

[tomterm8]

Hm... show the letter to the court, with DCA's response. can you post your defence? and their POC?

[Edz11]

If you've sent off your £1 for the CCA and they haven't provided one then

 

"he is not entitled, while the default continues, to enforce the agreement;"

 

Which sort of stops things when they get before a Judge....

 

CPR 18 - A formal request for more information about a party’s claims or documents. Asking if they have the executed CCA with your signature is quite reasonable. Pointing out that they will have to provide the CCA at some point but them saying they won't until ordered to by disclosure is just delaying things and adding to costs.

 

Post up the full POC and your defence.

[bracknellboy]

Hi

 

Sorry for the delay inreplying to these posts, but things happened and i need to get a new laptop. Anyway down to buisness.

 

Their claim,

 

"the claimaintclaims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained". The claimed is for 934.09 plus costs.

 

My defence is that I have requested information namely the Credit agreement, which the claimaints have failed to comply with.

 

Any info you could give me would be gratefully received.

[bracknellboy]

Hi

 

I have just compiled a letter to the court requesting they order the claimaints to comply as follows;

 

Having written to the claimants Solicitors on the 29th January 2008, under the Civil Procedure Rules, in order for me to be able to present to the court an adequate defence this information should have been furnished to me by the 8th February 2008. The claimants replied stating that this information could be obtained using a Subject Access Request under the Data Protection Act.

Having previously requesting information from the claimants i.e. a copy of the Credit agreement referred to in their claim, and deed of assignment under s.78(1) of the Consumer Credit Act 1974 with the appropriate fee of £1.00 on the 29th May 2007, this request was sent to the claimants by recorded delivery, a proof of delivery being obtained. The claimants failed to reply to any correspondence which included a further letter sent to them on the 6th of August 2007, which directed the claimants to their failure under the Consumer Credit Act to supply the requested information within the timescales laid down within the act of 12 days of supplying the information requested, and after 30 calendar day the company commit an offence.

It is my understanding that under Section 78(6) of the Consumer Credit Act states;

If the creditor under an agreement fails to comply with subsection (1) - is not entitled, while the default continues to enforce the agreement; and, if the default continues for one month be commits an offence.

I would therefore be grateful for the courts help in obtaining the information I have requested from the Claimants under the Consumer Credit Act and the Civil Procedure Rules in order for me to provide the court with an appropriate defence.

 

Any comments of help with wording would be great.

 

Thanks

[Edz11]

I would cut the first bit short.

 

You wrote on xx May 2007 and xx august 2007 asking for a copy of he CCA under S78 and they failed to provide one.

 

You wrote asking for information under CPR 18 on 29 January 2008 after the comencement of Court proceedings. The claimant has failed to comply.

 

Because of the Claimants lack of dillegence the claimant is aware that the proceedings are now caught by Section 78 (6) of the CCA 2004 and that the claimant is not entitled to enforce the alleged agreement .

 

Because of this I'd ask the Court to consider (under its case mangament powers) making an "unless" order that strikes out the claim unless they comply with your CPR 18 request and supply a copy of the executed Credit Agreement containing the precribed terms.

[bracknellboy]

thans for that Edz11, should i send a copy of the CPR as well?

[Edz11]

Mmmm - what did you put on the allocation questionaire? Have you had one yet?

[bracknellboy]

What is the allocation questionaire? I may have had one but cant remember what I put! eek

 

Should I send a copy of the CPR 18 or not?

[bracknellboy]

I have updated the letter, any ideas would be useful

 

Thanks

 

I wrote to the claimants on 27th May 2007 and 6th August 2007 asking for a copy of the Consumer Credit Agreement under S78 and they failed to provide one.

 

I also wrote asking for information under Civil Proceedings Rule 18 on 29 January 2008 after the commencement of Court proceedings. The claimant has failed to comply.

 

Because of the Claimants lack of diligence the claimant is aware that the proceedings are now caught by Section 78 (6) of the Consumer Credit Act 1974 and that the claimant is not entitled to enforce the alleged agreement.

 

Because of this I ask the Court to consider (under its case management powers) making an "unless" order that strikes out the claim unless the claimants comply with the Civil Proceedings Rule 18 request and supply a copy of the executed Credit Agreement containing the prescribed terms, Notice of assignment with proof of delivery, and a transcript of all transaction including charges, fees, interest, and repayments .

[bracknellboy]

Hi All,

 

I still have not received a reply from the court, and the hearing is scheduled for the 17th March, The solicitors do not want to play ball nor do the courts by the look of it.

 

Any ideas?:idea: :idea:

 

I have also completed a skeleton defence as follows;

 

• The defendant does not admit or deny the debt, and put the claimant to strict proof thereof.
   
  2. On 29TH xxxxx 2007 the defendant sent a request under the consumer credit act for a true copy of the executed Credit Agreement, and a statement of account detailing the principal, and all charges and fees made in respect of the debt, the claimant received the request on the 31st xxxxxx 2007 by recorded delivery and the claimant has so far failed to send the defendant the required information.
   
  I would respectfully submit the debt is unenforceable under the Consumer Credit Act 1974 until such time as the claimant provides the necessary information.
   
  3. The claimant states the alleged debt was purchased from Capital One. I have not received a notice of assignment for the alleged debt from the original creditor. I therefore put the claimant to strict proof that privity of contract exists between the claimant and Defendant.
   
  4. I have not received a copy of any default notice from the claimant, and ask that the claimant provides the court with a true copy of such a notice, together with proof of postage that this notice was sent to the correct address and was served with the proper notice before this claim was submitted.
   
  5. In addition to asking the court to order the disclosure of the credit agreement, notice of default in the form required by the Consumer Credit Act 1974, and notice of assignment in the form required by the Law of Property Act 1925, the defendant also requests that the court order the claimant to disclose a list of all charges made to the account and a list of the costs associated with each charge in order for them to prove that the debt amounts to the amount claimed.
   
  6. The defendant respectfully asks the permission of the court to amend this defence when the claimant provides the above documents.

Does this sound good enough, do I need to send copies of the letters I have sent to the claimants?

[mr.ton]

Bracknellboy:

Try not to worry about this court appearance - you are not on trial or anything, its much more informal than that.

All that will happen is that the judge will ask if you admit the debt - if so, that will be that - you'll then go into an office type room and all sit round a table to work out how much you can repay per month.

So its best to have your £1 per month worked out in advance

The whole thing is a total waste of the courts time, your time & the DCA's time quite frankly

[bracknellboy]

Thanks for that Mr Ton

[bracknellboy]

anyone got any ideas???

[djdave]

Stick to your guns. You've done the right thing by asking them to prove that an enforcable debt exists, and they've manifestly failed to do so. It's not looking good for them, is it?

 

I'd be asking the court to strike the case out, or at least make the "Unless" order referred to above.

 

The absolute worst that can happen is that it gets to court and they pull an agreement out of their hat, in which case you either pick it apart and show it to be unenforcable (any missing prescribed terms, for example) or ask for more time to amend your defence.

 

The text of the Act is well and truly on your side.

[bracknellboy]

thanks for that DJ

[bracknellboy]

ok just received in the post their case, which has the credit agreement, statements etc in , well how can they do that. I also note that there as payment protection charged on the account. Now what do I do, anyone got any ideas?

[bracknellboy]

Ok just looked at the documents they have sent along with the statements supplied, there is over 660.00 in charges on the statement plues payment protection insurance. the total being claimed is £950.

 

Any ideas how to defend this?

[bracknellboy]

Can anyone give me a hand with this? I am desperate to know what to do? Is there a possibility to negotiate for a lump sum, less the additions of extra charges?

 

Help Please

[pt2537]

Hi there,

 

What did you file as your defence with the court.

 

when is the hearing and what have they provided as documents they are going to rely upon if this goes to trial

 

 

have you filed an AQ yet? it would either have been a Form N150 or N149

 

i had a read through this thread yesterday and im sorry to say but i struggled to make head nor tail of what was happening at this moment in time

 

regards

paul

[bracknellboy]

Hi Pt,

 

Ok let me try to explain what has happened. I received letters from a DCA demanding monines from a credit card company, I CCA'd them, enclsoing the appropriate fee, they did not reply, so I sent the default letter. Later I got a summons in the post from their solicitors, I filed a defences stating that I had requested information under the CCA and this had not been forthcoming so was to my understaning unenforceable. I then sent a Civil proceedings letter to their solicitors requesting the information, which they refused saying this would be disclosed prior to the hearing. I then wrote to the court to ask them to enforce my civil proceedings request or strike out the claim due to it being unenforceable.

 

Yesterday, I received a nice little parcel with all of the information that I had requested back in May, but the statements show overlimit fee's of £20.00 and late fee's which total approx £680.00. There is also payment protection insurance on the statements as well. There total claim is £960.00

 

My question what shall i do now? I dont know about forms that have been completed etc, although I do most probably need to amend my defence.

 

Any help with this I would apprecite.

 

 

Thanks