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If any of you beautiful people can offer any advice, I would be incredibly grateful... think I might be stuffed though, because I now have a court claim :(

 

I'll keep it brief:

 

  • Loan from Sainsburys Bank taken out December 2005 - £8,800 at £129 p.m.
  • Made payments until November 2007 - wrote to them and explained financial difficulty.
  • Account passed to DC January 2008 , agreed £43 p.m.
  • Paid DC £43 p.m. from February 2008 until May 2008.
  • Couldn't make payment June 2008.
  • Court Claim received today (claimant is Sainsburys not the DC?)
  • I have at no time disputed the debt, asked for copy of agreement etc.

:!:

I've got 14 days to come up with £8,581.99
:!:

Very worried about this and sadly this debt is one of many. All tolled I'm in hock to the tune of £33k. I have a thread on Debt Collectors sub-forum re. two debts with Link Financial. The others I have arrangements in place for and the creditors are 'happy' for the time being.

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If you are going to defend then you need to acknowledge this using the MCOL site which then gives you 30 days for to submit a holding defence again you can do this online.

 

Your case will then be transferred to your local court and that process starts leading up to a court date which will be months away so don’t panic just yet

 

If you defend then you need to send Sainsburys ( and/or their solicitors) this letter by recorded delivery and its best not to sign just print your name or use a signature font

 

 

In the Northampton County Court

XXXXXX -v- XXXXXX

Claim Number:XXXXXXXXX

 

 

Dear Sir/Madam

 

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 Europe Bank Ltd.

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,

  • Haha 1

Live Life-Debt Free

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With the agreement being from 2005, you may be on sticky ground , however i would suggest you defend all of the claim.

Make sure you file your AOS, and Send CPR request ASAP

 

Come back here with any updates for further help

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks guys.. a couple of silly questions though if you don't mind?

 

Bit defeatist I know, but what is the point of defending the claim? I can't win can I? I owe them the money and providing that they can come up with the signed credit agreement, I'm banged to rights surely?

 

What is significance of the agreement being from 2005, why does this make things more difficult?

 

Thanks again

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Hi

 

Firstly is it possable you could post up the following details of your case in order to advise further

 

Claiments P.O.C (partiulars of Claim)

 

Can I recommend not admitting any liability for the debt, partial or otherwise. If the credit agreement has not been provided by Sainsburys as the result of a CCA request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974. In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt, that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

You might be thinking that of course a debt exists! However, for the purposes of the law, the existence of the debt is determined by a credit agreement being furnished by your creditors and one that is deemed to be properly executed, which means its layout and content conforms to what the CCA 1974 prescribes.

 

Also you need to change he heading on your CPR request to Request for CIVIL PROCEDURES REQUEST FOR INFORMATION CPR 18

 

 

I trust the above is helpful.

 

Regards

Andy:)

  • Haha 1

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Thanks guys.. a couple of silly questions though if you don't mind?

 

Bit defeatist I know, but what is the point of defending the claim? I can't win can I? I owe them the money and providing that they can come up with the signed credit agreement, I'm banged to rights surely?

 

What is significance of the agreement being from 2005, why does this make things more difficult?

 

Thanks again

 

Point is they have to prove they have a valid "consumer credit agrrement", and if they havent "they" cant win, whether you owe them money or not.

The thing is here, You are trying to establish they cant enforce the debt in the court, you can still continue paying them forever and a day if you wish, but at least they cant take the roof from over your head

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Andyorch, thanks for your contribution mate. Would have happily tipped your scales, but they weren't there :confused:

 

When you say "you need to change the heading on your CPR request to Request for CIVIL PROCEDURES REQUEST FOR INFORMATION CPR 18" do you mean the letter which B3rty kindly supplied a couple of posts further up?

 

Anyway, the Particulars of Claim are:

 

The Claimant's claim is for 8391.99 presently due pursuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.

 

By an agreement dated 12/12/2005 the Defendant has an account number 1234567890 with the claimant. The defendant has failed or delayed to adhere to the terms of the Default Notice issued by the Claimant under the terms of the Consumer Credit Act 1974. The balance due as at 10/07/08 on said account is 8391.99

 

As there's no £ sign before the 8391.99, do you think I could get away with paying them in Zimbabwe Dollars? ;)

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Hi Sir Pip

 

Dont know about the scales must be sabortarge:D

 

 

Ok yes use bartys but change the heading

 

 

 

Regards

Andy

Edited by Andyorch
typo

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Significance of 2005 is that it was about then that the OCs started to get their heads round the fact that their "agreements were ,shall we say lacking, as i understand it, and following that began to tighten them to include at least the prescribed terms

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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If you are going to defend, return the AOS asap, and send the CPR request to the other side.

The fact that they have used Northampton court means they dont have to serve a copy of the agreement with it.

Come back here for further advice when you have done this

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hiya All

 

That above post is interesting indeed as i too got an N1 today from northampton mine is in favour of MBNA which is in dispute due to PPI which i should not have paid because i had a stroke in 1990 and i after trying to claim because i was put on I.B they refused

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya All

 

That above post is interesting indeed as i too got an N1 today from northampton mine is in favour of MBNA which is in dispute due to PPI which i should not have paid because i had a stroke in 1990 and i after trying to claim because i was put on I.B they refused

 

Hi start a new thread in the legal forum ASAP to get advice, suggest you do this now as there are timescales here

Regards CCM

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thanks CC Mug, makes sense. Anything in the PoC of interest? Guess its just standard stuff?

Post up the Default Notice if you can, also did you get a Letter Before Action?

POC is vague and does not show "cause for Action"

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi

Just a word on the AoS

 

I presume you will do this online MCOL you have 33 days in total.Date of the summons +5 is deemed service date you then have 14 days to AoS and another 14 to enter your defence if required,Dont be too quick to complete said AoS you will found out reading various threads that Litigation involves mindgames and so the longer you leave it (im not implying the last day) the more you are keeping your opponents ( Claimants) in the dark.Serves no purpose in rushing these matters as you will found out in time.

Dont forget to print off your Acknowledgement after input this is retained as proof of input ie date and timestamped.

 

 

Regards

Andy;)

Edited by Andyorch
typo

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Good Morning, slightly better frame of mind this morning, and the sun's shining here :)

 

CCM & Andy O - Just so as I'm clear: I hold off on the online AOS for 7-10 days, but send the CPR straight away? And, as the CPR letter is incorporating a request for CA, I should enclose a postal order for £1 ?

 

I've hunted high and low for the Default Notice but can't find it. Don't remember receiving it but then I was being deluged with scary post at the time and some found its way through the shredder. This was when I was adopting the head in the sand tactic.

 

I have the Letter Before Action (entitled Notice of Legal Action). This is dated 27 June and demands full payment or telephone call to discuss within 14 days. I did neither, and true to their word the court claim form was issued 14 days later. I can type this letter up if that helps?

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Hi

 

CCM & Andy O - Just so as I'm clear: I hold off on the online AOS for 7-10 days, but send the CPR straight away? And, as the CPR letter is incorporating a request for CA, I should enclose a postal order for £1 ?

 

 

NO once legal proceedings have commenced you are not required to pay re CPR proceedures

 

Regards

Andy

We could do with some help from you.

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Dont worry about the DN you can put them to strict proof that they sent it in your defence, as andy says you dont pay for CPR, holing off the AOS is ok as long as you dont miss dealine

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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"With the agreement being from 2005, you may be on sticky ground"

 

What bearing does the above have.

 

Regards

 

Pompeyfaith

 

Sorry forget that silly me just found the answer lol

Edited by pompeyfaith
added text

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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  • 3 weeks later...

Hi everyone :-) Things have moved on now and I need to start putting my defence together :!:

 

As usual, any advice will be gratefully received.......

 

I've had a partial response to my CPR 18, the pertinent bits are below. Some info remains outstanding though and today is day 14 (working day 10) since CPR signed for.

 

I'm worried that the outstanding bits will arrive too late for me to properly consider them and address in my defence. In respect of the AOS, today is day 24, giving me until the end of the week to file my defence although using 28+5 I could file as late as wednesday next week?

 

I asked for / their response:

 

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.

A copy of your original signed agreement has been requested and will be sent once received.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

A telephone call was received on 05/03/08 by our Collection Agents from yourself informing us that CCCS were dealing and you would get them to contact us. Further contact was made on 05/04/08 promising to pay £47.81 by 11/04/08. The payment was received on the 03/05/08. No further telephone contact was received or payments and the account was passed to our legal department.

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person...

There has been no manual intervention.

 

4. True copies of any notice of assignment and/or default notice ....

A copy of the default notice has been requested and will be sent once received. The default was issued on the 07/11/07.

 

5. Details of any collection charge added to the account ....

Copy statements are enclosed.

 

6. Details of the fees/charges levied by any other agency in respect of this account ....

The copy statements will show this information.

 

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

We enclose a copy of 'Our Privacy Statement'.

 

8. A list of third party agencies to whom you have disclosed my personal data ....

As above, our Privacy Statement will clarify this point.

 

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

(they didn't address this point)

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Hi

 

Better than usual response to CPR 18 request dont concern yourself with not recieving the rest of the information on time just proceed to defence

 

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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