eversheds/arrow global advice

[mrmarmite]

worried36, this is the first time you have heard from them?

 

this should be interesting, need to send court a letter before filing a defence requesting a stay so you investigate this as this sprung up out of the blue and you have no knowledge about it, i'll go find you a letter to send to eversheds,

[mrmarmite]

FOUND IT

 

send them this by recorded delivery ASAP

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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 within fourteen days of the receipt of this letter. 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 MBNA.

c. 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.

d.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).

e. 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.

f. 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.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

[mrmarmite]

take note of the following bit in letter:

 

will require this information within the next fourteen 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.

 

 

the courts wont take kindly if DCA dosent oblige, the main thing you are after here is the Credit agreement, without this they buggerd, court will order DCA to supply it if DCA don't court will throw it out.

[mrmarmite]

ty, only passing info on for others that i got from others to help with their legal rights

[mrmarmite]

at the mo, just send back the summons and select that you intend to defend the FULL amount, this will give you another 14 days on top of the 14 you got now,

 

we then wait for response from disclosure letter, if nothing shows up then will contact the court

[mrmarmite]

i would also like to point out that, if you never got summons before PLEASE don't worry or panic about it. you won't get locked up or anything like that.

 

If you have any questions then post them here for us to help you just like your doing now, most of us involved one way or another with court and trust me it's not as bad as people think. just sit down have a beer and chill out.

[mrmarmite]

lol i now what you mean. i got 2 kids 4 cats and a rabbit, and the rabbit is the worst,

 

sharing probs yes it does help a lot, even better you are doing it to people in the know AND people who don't know who you are,

 

this site helped me out a few holes now and i gained experience and knowledge and now i'm helping you by giving you help that i learnt from others on this site

[mrmarmite]

on the summons you got (being a pain) can you post what the P.O.C says (particulars of claim)

 

might give us little more insight to what is going on (soz i keep pondering about this, as said earlier "intersting"

[mrmarmite]

ok, very interesting then,

 

1. have you ever received a default notice?

2. have you previously been supplied with full details?

 

If no to 1 they buggered before they even start, we shall wait for info to come through from eversheds and have a chuckle at it

 

don't worry to much, there something very fishy about all this and it will show it's eventually

[mrmarmite]

ok, looks like we might be able to have a little fun with this one

 

time will tell

[mrmarmite]

Docman IS correct about the 12 WORKING days, if sent by recorded you say 12+2 which covers posting time. after the 14th day they are in default and cannot LEGALLY ask/demand ANY payments from you, AFTER a further 30 CALENDAR days it becomes un-enforceable in court under s127(3) but as you not got a month hopefully the 12 working days will be fine by the judge just make sure you print a copy of the CCA request off, copy the recorded delivery slip and go to royal mail web site to get proof of delivery (might not be able to get a signature) BUT it will say it delivered from our XXXXX offices on XX-XX-XXX, print it off and take it with you to court and hand it over

[mrmarmite]

and as for their THREAT letters they are ment to be like that to intimidate you into phoning them. just ignore it. us Caggers LOVE getting threat letters through our letter box (grump I not had one for 3 weeks now) :D

[mrmarmite]

i can do responses for if you wish. click on the little blue man under Mrmarmite and e-mail me the letter

 

PLEASE make sure you remove ALL personal information. letter that will be sent back will be in word document, you just gotta fill your details in ands post it

[mrmarmite]

ok, just shout if something comes up

[mrmarmite]

lmao Docman where is it then