Claim form issued but still no CCA received

[BeauBrummie]

Hi Catwoman, CPR request as described by Goldlady-------- You need to read through thoroughly and edit to suit.

BB

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 xxxxxxxx, 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 along with the original amount of credit on the agreement..

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 xxxxxxxx.

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. All 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,

[BeauBrummie]

Ho Catwoman,

 

I think that the confusion has arisen by the fact that you have not had a reply to your CCA request and rightly "vselym" has posted up a letter that you could send pre-litigation. That has now changed and therefore the CPR request is the route you need to take.

 

It might be usefull to post up the particulars of the claim to enable the legal minds on the forum to help including date of issue.

 

Meanwhile you should send "acknowledement of service" and say that you wish to defend and counterclaim.

 

Send the CPR request by recorded delivery (trackable) to the "Eversheds" they are a solicitors and will know what they have to do.

 

Once all that is done sit back and wait for the CPR time limit to expire and if you do not get a reply from Eversheds, someone on here will be able to help with defence.

 

Hope this helps

 

BB

[BeauBrummie]

Hi Catwoman,

 

If you are sending by RM it would be YOUR address, can you not send online ??

[BeauBrummie]

Sorry Catwoman to answer a couple of points you asked earlier,

 

Your date of issue was 29th April, so you have 33 calender days from that date to have a defence entered with court. Part of the reason for asking for info under the CPR so quickly, is to enable you to mount a defence. If Eversheds do not reply this will make your case stronger. If they do find all the relevant info, then it needs to be looked at on here if poss, (thinking of your original CCA request here) to see if it is enforcable.

 

BB

 

Vselym--- its been a short sharp learning curve for me too and any help I can give I will.

[BeauBrummie]

Hi Catwomen,

 

Any news on this one yet.

 

BB

[BeauBrummie]

Sorry Catwomen,

I dont mean to alarm you but your defence needs to be submitted by the end of May I would have thought not end of June, it is 33 days from date of issue that being 29 April you have stated, so 33 Days is coming up very soon.

 

Maybe Sequenci could have a look at this one please.

 

BB

Edited May 29, 2008 by BeauBrummie
Typo Again

[BeauBrummie]

Hi Catwoman,

 

I too am at work at the momment, so there maybe others who can help but i would have thought that you need to get the papers to court at the latest Monday so a Saturday delivery will be very expensive for a day that the courts do not work.

 

BB

[BeauBrummie]

It needs to be set out correctly so I think you are going to need help from someone else with this bit, maybe the mods could give someone a nudge who could help.

 

BB

[BeauBrummie]

I am pleased to see you have got the defence in on time, did you get stopped by the police for speeding ? lol:D.

 

Hope it all goes well for you and give Eversheds a rocket where the sun don't shine. From personal experience I wish i could have my time with them all over again but still "water under the bridge" as they say.

 

Good Luck and keep us posted with any updates:).

 

BB

[BeauBrummie]

Hi Catwoman,

 

Re your thread on time limits, you should stick to one thread it helps others know to what you refer.

 

The Judge who looks over your case should now be deciding on the next move in the process. You are still at the stage that goldlady described and must wait for direction from the court.

 

Im sure you will here fairly soon its a waiting game im afraid.

 

BB