EOS/Weightmans claimform - old Grattan PLC CAT debt

[little_evo]

I hope someone can help me as I'm a bundle of nerves at the moment and a bit unsure as to what to do next. I'm really trying not to ramble so forgive me if I do!

 

On the 6th of August I received a letter from Weightmans saying I owed their client EOS Solutions £300 an if I didn't pay by August 12 they would issue county court proceedings without further notice. On the same day I sent a recorded letter along with my £1 postal order for the CCA.

 

On the 8th of August I received another letter from Weightmans (quick turnaround there) saying they are unable to supply this and to contact Grattan to obtain these copies. We only figured out Grattan is the parent company of Kaleidoscope this past weekend.

 

So on the 11th of August I sent out another letter to Weightmans saying again this account was in dispute and was requesting copies from them. I also sent out a letter to EOS Solutions requesting a CCA on the same day since they were listed as their client. All of this was sent recorded delivery.

 

On Friday August 15th I received a letter from moneyclaim for £353.61 from Weightmans which now says their client is Grattan and the issue date was 14h of August. I thought EOS Solutions was their client? I'm really worried and uncertain as to what I should do now. Please I hope someone can help me and point me in the right direction. Thank you.

[42man]

ok well you have clearly disputed the matter. If they have failed to provide you with a CCA then the debt is unenforceable.

 

I presume you want to defend this....so you have to respond within 14 days of the date on the claim....you then get another 14 days to submit a defence.

 

I would send the opposing solicitors this letter by recorded delivery.

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

[PGH7447]

you have asked the Weightmans for the CCA, so they are under the obligation to pas your request to the OC, until they produce the CCA then there is not a lot they can do and they know this, all this passing the account around is just to confuse you,

 

send weightmans a follow up demand saying account in dispute please provide the cca as per reuest dated xxxx

 

send money claim a get lost letter saying original cca not complied with by weightmans

[little_evo]

Thank you for such a quick response!!!! I will type out the letter and do this today. Do I go online to moneyclaim to dispute it or do I send the paper in to the court? I'm sorry I feel a bit knocked about as this just suddenly seemed to of came about. Also what do I put in section 3 for Defence? Again thank you so much your response just letter stopped me from getting even more upset.

[little_evo]

you have asked the Weightmans for the CCA, so they are under the obligation to pas your request to the OC, until they produce the CCA then there is not a lot they can do and they know this, all this passing the account around is just to confuse you,

 

send weightmans a follow up demand saying account in dispute please provide the cca as per reuest dated xxxx

 

send money claim a get lost letter saying original cca not complied with by weightmans

 

I did that with Weightmans on the second time I mailed them. What you do mean about sending moneyclaim a get lost letter? How do I do that?

 

Also how do you thank people on here as I most assuredly wish to do so now. Am I not seeing the button? Thanks again!

Edited August 18, 2008 by little_evo
another question..

[PGH7447]

There a letter on here that I cant find at the mo that states the account is in dispute because you asked for a CCA from the DCA so what the hell are you doing with it, or words to that effect.

 

to say thanks just press the scales in the corner of a persons post, or just say thanks

[little_evo]

Oh okay I see the scales now thank you for that.

 

So should I try and find this letter or simply respond to the moneyclaim form as I really want to do the right thing and get all of this sorted. I am really grateful for all of your help.

[42man]

Send this to Weightmans by recorded....

 

Dear Sirs

 

I refer to your letter of (date) 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement requests (Consumer Credit Act, 1974); (dated XXXX) for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days)2008 to comply with a legal request.

 

Should you client continue with legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by (original creditor) under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion

[42man]

Go on to MCOL and state your intention to defend ALL of the claim....

[42man]

Can you type up the Particulars Of The Claim....don't be too specific...

[little_evo]

Okay I will do both. Also what do I put in section 3. Defence? do I fill this out as well?

[little_evo]

Can you type up the Particulars Of The Claim....don't be too specific...

 

 

Hi again. What exactly does this mean? I'm sorry I haven't a clue.

[42man]

What does it say on the claim form ? the POC

[little_evo]

What does it say on the claim form ? the POC

 

 

Ohh..okay I found it!

 

Basically says I am in breech of five things. The amount owed, the an agreement between the two parties for goods provided, I've not responded adequately to their demands for payment, and how much I owe. Thats all it says.

 

THANK YOU!

Edited August 18, 2008 by little_evo
it wont let me thank you til I thank someone else. :)

[42man]

ok acknowledge the claim in the first instance saying that you are defending ALL their claim....

[little_evo]

Okay I'm at the moneyclaim website and filling out the form now. What do I put for 'defense'? I have also printed off a letter to Weightmans to send out recorded delivery today.

Edited August 18, 2008 by little_evo

[PGH7447]

I see now, Moneyclaim are the goverments webservice for defending money claims, my mistake earlier getting confused with wieghtmans and EOS.

 

OK what you need to do is fill in the form as per 42mans post earlier stating that you are defending all the claim due to the fact that you have previously requested a CCA and that weightmans/eos are in default for non compliance of cca request

[little_evo]

I see now, Moneyclaim are the goverments webservice for defending money claims, my mistake earlier getting confused with wieghtmans and EOS.

 

OK what you need to do is fill in the form as per 42mans post earlier stating that you are defending all the claim due to the fact that you have previously requested a CCA and that weightmans/eos are in default for non compliance of cca request

 

Many thanks for letting me know as I wanted to make sure I put the right thing down. I'm just a bit anxious about it all.

[little_evo]

Well I responded to the moneyclaim form and stated I was defending the claim. I feel a bit relieved about it now that it's done and a BIG thank you to both PGH7447 and 42man for answering my questions.

 

I was just wondering if anyone could tell me what happens next or do I need to do anything else now that I have filled in the moneyclaim forms?

[42man]

Send off the CPR letter as in my earlier post #2 (send it by recorded delivery).....and wait and see if anything comes back....it is too early to submit a defence. BUT keep a sharp eye on the timescales....

[little_evo]

Send off the CPR letter as in my earlier post #2 (send it by recorded delivery).....and wait and see if anything comes back....it is too early to submit a defence. BUT keep a sharp eye on the timescales....

 

Will send off the letter in about an hour by special delivery. Can I ask what do you mean by keeping a sharp eye on the timescales? I wanna make sure I keep everything covered.

[42man]

14 days to acknowledge the claim (which I think you have done) then you have another 14 days to submit a defence - so basically 28 days from the date on the claim to get your defence in...

[little_evo]

ok well you have clearly disputed the matter. If they have failed to provide you with a CCA then the debt is unenforceable.

 

I presume you want to defend this....so you have to respond within 14 days of the date on the claim....you then get another 14 days to submit a defence.

 

I would send the opposing solicitors this letter by recorded delivery.

 

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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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 *********.(AMEND TO THE COMPANY NAME)

c. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

 

I have sent off this letter via special delivery. Just wanted to say thank you for your help again and will let everyone know if I get a response.

[little_evo]

Well, I have had two separate letters from Weightmans solicitors today. I am assuming one is from the 'request for information' letter I know arrived yesterday via special delivery. And word for word it says exactly what their orginal letter said when I CCA'd them did.

 

'We write with reference to the above account and your recent request for a copy of the legal agreement. Please be advised that we are unable to supply this and suggest that you contact Grattan directly to obtain these documents.'

 

The other letter is from where I wrote to their client who is EOS Solutions and CCA'd directly to EOS with the £1 postal order and apparently someone from EOS must have passed it along back to Weightmans solicitors and as above word for word says the exact same thing.

 

So what do I need to do now? I'm feeling frustrated and upset enough to cry as I don't feel like I am getting anywhere with these people. Do I need to find a address for Grattan and send a CCA to them as well? I sincerely hope someone can point me in the right directon, as I feel confused as to what to do. Thank you good people once again.

[little_evo]

anyone help please?