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    • Thanks Andy, I need to delve into this a little further to be clear on a few things.   For some reason, I seemed to think the strategy was to ask for mediation on the basis of not being able to make an informed decision (as they haven't submitted the docs I requested).   I also had the view that it was to direct to courts/process rather than communicate/agree directly with Moriarty.   My underlying issue is that I've previously explained my situation to ADCB & their reps, in that I've not worked & what little income I have is taken up by my DMP. I'd be open to discussion to a resolution but they've contradicted themselves several times (or at least their agents have) regarding things like freezing interest or setting up an agreement, instead they want a lump sum. It feels like I've gone in circles so I honestly don't know the best way forward - other than follow the process as you guys have helped with thus far.   I am happy to agree to a stay - if it gives a chance for progress.
    • Hi, I have today received a huge box from Equifinance full of paperwork in response to the SAR. can someone advise as to where I start, it’s quite mind boggling. Thank you
    • Just coming back to this:   The tenancy was contractual - outside the housing act 88 - due to high value.  Not AST.   The contract has a clause that states the Agent is part of TDS scheme.   The TDS advise that in normal circumstances the Agent has 3 months to raise a dispute and pass the deposit over to the TDS for the next stage of mediation/ arbitration.  However, the TDS state that in these circumstances the TA was of too large value and the deposit would not have been covered by their scheme.    That is one query - how can the Agent add a clause saying they are part of the TDS scheme, whilst equally knowing, if there was an dispute, that the scheme doesn't cover the deposit and any dispute?    Secondly, the TA clauses state that the LL has apx 10 days to raise a dispute on any possible deductions to the T.   The T has the next apx 21 days to discuss with LL and his Agent.    Thereafter the Agent will fulfill their duties as deposit stakeholder and return the deposit in full or minus any deductions.   That has not happened.   It is actually almost 3y later.   They are a huge well-known firm, but a local suburb branch.   The LL did some repairs to the property that were never agreed upon by the T or the Agent.  A few thousand pounds worth.  He then sold the property.  In all this time LL has never requested that the Agent send him any funds from the deposit.  To the contrary the T has chased the Agent - not often enough, but T wants the £s back and closure. The Agent is simply sitting on the deposit and suggesting T goes to RICS for advice...  Meanwhile they are sitting on almost 20k deposit - and the TA states the T isn't entitled to any interest!   Just wondering if a well-worded letter to head office will prompt the return of the deposit? The TDS suggest lawyers.  But want to avoid litigation
    • OK thanks for the info, have a great weekend, and thanks once again for continued support.
    • They can represent it again with a better particulars...but they have to pay a further fee.
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WormHasTurned

CL finance/cohen claimform - GE Store Card 'debt'

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Had a county court claim through a few days ago from a firm of solicitors often mentioned on this board, and immediately CCA'd the DCA which I had been paying regularly for 2 years.

 

A couple of days later I had a 'Courtesy Call' from a lady at the solicitors to check I had received the form, and explaining to me that I had to return it to THEM. (no discussion of what my plea would be)

 

"Can't I send it to the Court" - NO

 

"Can't I send it online" - NO

 

"How do I know you will send my information to the court in time?" "We are a firm of Solicitors"

Well I was going to put in a partial defence, and argue the charges, but given their tactics I feel I would like to defend the whole amount until I have evidence of the CCA document (which I get the feeling they will have).

 

Is it normal for solicitors to phone up and give 'advice' to those they have issued the claim against?

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No it certainly isn't and you certainly should be very sceptical of any advice they give you. Remember they are not representing your interests - they are representing their clients. If they phone again tell them to put it in writing.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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let me have a stab at BRIAN CARTER

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Worm without being too specific with the figures what are the Particulars Of Claim ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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I would report exactly what they have said to Trading Standards and the Solicitors Regulatory Authority...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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No, you must acknowledge the claim to the court which gives you more time to construct your defence which is also sent to the court.

 

Otherwise judgment could be entered against you, sounds like underhand tactics and I'd inform the court.

 

The other side can contact you I believe as all efforts should be made to resolve the issue right up to trial.

 

I'm new but others will better inform you I'm sure.

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42man - I've go to shoot off to work now, but will post details thisevening.

 

postggj - Nope, not Bryan Carter - although the 'C' is correct.

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Let's just go back to the beginning.

 

Did the "Court" papers come from the County Court or directly from the solicitors?

 

If they've come direct from the solicitors then they are without doubt a load of rubbish and the solicitors are in breach of just about every code of practice there is.

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Do any of the papers bear a court seal? Its usually just printed on documents. A circular shape with the Crown and the name of the Court.

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Hi, Back again.

 

Thanks everyone for your input so far.

 

Firstly, sadly, the papers are from the Court. I have logged onto MCOL and the claim number and password check out.

 

The particulars of the claim are:

"The Claimant's claim is for the sum of £1xxx.xx being monies due from the Defendant to the claimant under a regulated credit agreement between the Defendant and GE Capital Bank Ltd under reference blahxxx and assigned to the Claimant on dateXXXX notice of which has been given to the Defendant. The Defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upin the Defendant pursuant to Section 87(1) of the Consumer Credit Act 1974.

The Claimant claims the sum of £xxxx.xx"

 

Having read TomTerm8's thread http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

should I send the letter in post 3 to the Solicitors or to the DCA?

 

My CCA request (inc £1 po) has been delivered to the DCA a week ago, but I need to get the Acknowledgement of Service in pretty quickly.

 

Still a little bit unsure of how to proceed.

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Do not send the documents back to the solicitors - do not enter into any verbal communication to the solicitors. They are not representing you nor do they have any right to tell you what you should or should not do and since you have already been served there is no profit in even writing to them.

You need to acknowledge recept of the papers (you can do this on line) and this will give you time to construct your defence


Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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and since you have already been served there is no profit in even writing to them.

 

Umm yes there is. After acknowledging service and stating your intention to defend you should send the letter to the sols as per tomterm8's post via recorded delivery.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I stand corrected - thanks rory ;)


Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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If you are going to defend then send this letter recorded to the opposing sols....

 

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

 

Just keep a close eye on the timescales....!!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thankyou 42man.

 

Your letter is to the point and refers specifically to the documents in the claim, but TomTerm8's letter also asks for details of charges, statements, and other documents they seek to rely on.

 

Is the CPR 31.14 just for documents listed in the POC, or can it cover statements too?

 

What are the pro's /cons of asking for these extra documents at this stage? (There are charges on the account).

 

Is there a definition of 'reasonable copying costs'

 

thanks for all assistance

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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In the meantime, thank the solicitor for her advice and ask if she'd mind sending that to you on headed notepaper, then you'll consider it. :D

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42man - I've go to shoot off to work now, but will post details thisevening.

 

postggj - Nope, not Bryan Carter - although the 'C' is correct.

Crellins Carter per chance.:eek:

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Crellins Carter per chance.:eek:

 

I meant the letter 'C' is the correct start of the name :wink:

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Sechari Clarke & Wells is another well known 'legal' firm on here.... is it them?

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I've acknowledged service of a claim dated 24 Nov 08, and am going to ring the Court tomorrow to find out the date the defence is due - but I am just hoping there might be an informed Cagger here this evening who would know.

 

(I'm getting a bit lost with the Christmas Bank Holidays and would sleep better if I know for sure when it is due)

 

Thank you and let's hope we all have a more prosperous New Year!

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It's normally 28 days from the date of service, which is 5 days after the date on the claim form but I'm pretty sure bank holidays don't count.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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In which case it's today ...


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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This has got as far as N149 Allocation Questionnaire, and I would appreciate some help in filling in this please.

 

Current situation - in response to my earlier CCA request to the DCA , I have a copy of the CCA from the Solicitor (sent on the same day they received my CP31.14 request) which seems in order.

 

I have not had a specific reply to my letter CPR31.14 Request which also asked for copy of default notice and notice of asignment (but it is possible these exist and are correct)

 

If they have all those documents my main argument is the sum asked for on the claim form is incorrect as it includes about a dozen £25 late payment charges and interest on those charges which were added by the original creditor.

 

I don't deny owing money to the original creditor, and I have been paying the DCA, and am continuing to pay the DCA - but payments have been slightly late around the time of the supposed default notice.

 

My ideal situation would be to avoid a CCJ and continue to pay the debt at affordable rate until cleared.

 

I have had a 'without prejudice' letter from the Sols offering a 25% reduction for full settlement within 14 days. I can't afford this as have priority debts (Inland revenue, mortgage, council tax + other creditors) If I gave the court my outgoings I think they would acept less than I am currently paying the DCA.

 

I'd welcome help on how to handle

 

- a. the allocation questionnaire

- b. the 'without prejudice' offer

 

(by the way the Sols are Howard Cohen and the DCA is CL Finance - they seem to be on the board a lot at the moment!)

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Howard Cohen!

 

Theres a few GE claims with them at the moment, have a look here -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/187437-howard-cohen-no-more.html

 

 

Pookey


I'm in the DCA kicking business ..........and business is good!!!!

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