Need help! DCA sent me County Court order!

[iceboy]

Hi guys, I am desperate for your help!

 

Phoenix DCA sent me a court order which i have to reply within 14 days of recieveing the court order! Its a purple letter with 3-4 pages.

 

And it says, if i dont act, it will register a CCJ on my credit files!

 

What steps should i take? Should i send them a CCA letter and ask them to withdraw the court order if they cannot supply me with a signed true copy of the agreement?

 

If this is what i should be doing, can anyone point me a sumple letter as i am no good with writing letters!

 

I'd be gratefull if you could help.

Thanks

[butty_a]

Most of these DCA's have a habit of sending letters that look like court orders but actually aren't. Is there court details on it, etc, if it is a court order it will be from a court and will tell you to reply to that court not the DCA. Its likely to be a bluff, nasty tactic they are trying at the moment. If it is a court order, you will have a few option including trying to hold of any action untill you have had sufficient time to prepare yourself. The good caggers about will help you either way so dont worry to much yet, read the stickies and give whatever info you can about the letter/debt etc without giving away any personal/delicate details. people will then have more of an idea where it stems from and how best to take action be it paying up or crossing swords.

[42man]

Hi Iceboy....I am moving your thread to the Legal Issues forum, where you should get some more advice....

[42man]

OK Iceboy....Am I right in saying this is a County Court Claim form ?.Can you give us some more details on the Particulars Of Claim ?.....what you have to do is acknowledge the claim within 14 days of the date on the claim form, then you either state defend all / part or admit.....If you are going to defend then you get an additional 14+3 days in which to submit your defence....

 

The next move is usually to send a CPR (Civil Procedure Rules) request to the opposing solicitors to get them to obtain all the paperwork (if it still exists !!!)......

 

You need to send either of the letters below by recorded delivery ASAP

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - 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).

 

 

 

OR THIS ONE THAT HAS BEEN USED MORE RECENTLY -

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[iceboy]

Hi guys, thank you for your replies.

42MAN, thank you for guiding me and for the nice template letters. I think i'll send the first one as it was easier for me to understand what it says!

 

The form i have recieved is the Claim Form from Northampton Court with all their details. I will acknowledge the claim as advised by you through the moneyclaim.gov.uk site. I assume i should defend all parts, right?

 

And there is one more thing. I have no idea what the debt is for but the name on the account is my nick name i use for shopping. It doesnt include my original full name. Would that be problem in the court? Would they ask for a proof of id to confirm it belongs to me because i cant prove it!

 

Again, thank you very much for your help, time and effort...

[AndyOrch]

Hi guys, thank you for your replies.

42MAN, thank you for guiding me and for the nice template letters. I think i'll send the first one as it was easier for me to understand what it says!Second one will be more effective as the other is being disregarded by Claimants now

 

The form i have recieved is the Claim Form from Northampton Court with all their details. I will acknowledge the claim as advised by you through the moneyclaim.gov.uk site. I assume i should defend all parts, right?Correct

And there is one more thing. I have no idea what the debt is for but the name on the account is my nick name i use for shopping. It doesnt include my original full name. Would that be problem in the court? Would they ask for a proof of id to confirm it belongs to me because i cant prove it! It does have your correct address though?

 

Again, thank you very much for your help, time and effort...

 

 

Regards

 

Andy

[iceboy]

Hi Andy, thanks for your quick respond. And yes, it has my correct address its just not the same name. I have used a nick so they could spell my name easily. Like instead of iceboy, i use iceboi... Same door but opened at different agle... Would that be a problem?

[AndyOrch]

Hi Iceboy

 

Further to the above they would have to first prove that there is a debt this is done via CCA sec 78 request.I would advise you to request this ASAP see templates letter N and most importatnly head your request with

I do not acknowledge any debt with your company Inc a £1.00 Po and do not sign the letter type name.

Send the letter as advised by 42nd man (preferebly the second one)also but make the request I have advised seperatly.

This will put the Claimant in default by the the time you have to file your Defence.Do this today without fail send both letters Spl Delivery and retain reciepts.

 

 

Regards

 

Andy

[iceboy]

Hi again. Andy, you said i should send an N Letter to them stating i do not acknowledge the debt. But in the other hand, i was told to acknowledge the claim form through moneyclaim.gov.uk!

I am a bit confused here! I have the letters ready to be sent tomorrow! But sould i accept the debt throught moneyclaim.gov.uk or not?

 

Plus, when i log onto moneyclaim, it asks defendants full name. Here, should i enter the nickname i have used when i opened the account or my real name? Letter came to the nickname i have used.

Thanks...

[iceboy]

Also, on the second letter above it says Case No! Is it the claim number on the claim form or is it the account number?

Sory guys. Its the first time i am dealing with such thing!

[Michael Browne]

But in the other hand, i was told to acknowledge the claim form through moneyclaim.gov.uk!

I am a bit confused here! I have the letters ready to be sent tomorrow! But sould i accept the debt throught moneyclaim.gov.uk or not?

 

A Notice of Acknowledgement to MCOL is not an acknowledgement of the debt. It is an acknowledgement that you have received the claim and whether you accept the debt, intend to defend part of the claim or all the claim

 

Plus, when i log onto moneyclaim, it asks defendants full name. Here, should i enter the nickname i have used when i opened the account or my real name? Letter came to the nickname i have used.

Nickname, as long as this is a name by which you are generally known and not a completely ficticious name

[iceboy]

Thank you very much for your quick respond Michael. That made it clearer now.

 

The nick name i have used is not completely ficticious. For example, instead of Charlie Brown, i may have used Cherl Brewn.

 

Also, what is the case number it is asking on the second letter above? Is it the claim number on the claim form or something different?

 

Thanks again. I really appreciate your time and effort.

[Michael Browne]

The nick name i have used is not completely ficticious. For example, instead of Charlie Brown, i may have used Cherl Brewn.

Since the debt and the claim is in your nickname, I don't see a problem in acknowledging in that name, with the proviso that

a) you accept this is you

b) somewhere down the road you are not proposing to suddenly turned round and say 'My name's Charlie Brown, this is for Cherl Brewn, and is nothing to do with me'

 

Also, what is the case number it is asking on the second letter above? Is it the claim number on the claim form or something different?

Yes, claim no.