babegem v Phoenix recoveries/HSBC

[babegem]

Thank you for confirming that. Good stuff.

 

I can email platinum or site account holders the password. Claim doc and defence doc are on there.

[babegem]

[babegem]

[babegem]

Babegem....have a look at this - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

 

Had a look at it but couldnt see the tutorial, so looked up the IMG link,

 

have now posted the claim doc...

 

Remembering the accounts I had were three thrown into one, pleas see the particulars state is for overdrawn bank account.

 

Have drafted my directions, are you able to comment/advise?

 

Thanks

[42man]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175176-help-claim-form.html#post1892590 Use some of the info on this one...

 

Have you made any requests under the civil procedure rules at all ?

[42man]

Let's face it, how can you possibly defend this ? If they are saying that this is your overdraft, then it is made up entirely of charges !!!

[42man]

If they are stating that the debt is an overdraft, take a statement in showing your last account useage and say that the remainder looks to have been added up by excessive / unlawful penatly charges !!

[babegem]

Hi there,

 

Thanks for your help...

 

Yes I put a CPR re in on 20th Dec and got back a CCA for my loan (other account ref), a letter of assignment to L & R from HSBC and a notice from Largo (L & R) saying they have been assigned it from Phoenix. The account refs on letters are the same, but not as the CCA or the claim (different again)

 

That was all. Received on 10th Jan and nothing since. Says, we will be able to provide your other requests in due course.

[babegem]

Have already written directly to L&R stating a dispute over charges, and had copied to HSBC, and recvd acknowledge from both, without follow up. That was the last contact in June 08 before the Claim arrived. No Letter before action.

[babegem]

Any law I can refer to in my AQ about no letter before action?

 

Can I request copy and proof sent of this in my directions?

[babegem]

didnt send them the £10 they req for the CPR letter though, where do I stand on this?

[babegem]

The following requests were 'referred back to their client (Phoenix or HSBC?) and they stated they shall "revert back shortly".

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/s, including the insurance contract and terms and conditions, date it was added and deleted.

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.

i. Copies of statements for the entire duration of the credit agreement."

 

In letter dated 23rd December, from L&R, but still have heard nothing more.

Edited January 27, 2009 by babegem
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[citizenB]

If this is a current account overdraft that is made up entirely of charges, can you ask for stay until the determination by the OFT/Bank court case. After all, our reclaim claims are being stayed until the outcome !.

[babegem]

You are absoloutely right! I have a letter from HSBC saying that they would apply for the stay if I pursued, and they are all aware of the dispute.

 

The problem that I have is that the portions that are charges have not been investigated (but have been acknowledged by HSBC and L&R) yet. So these sums are a mystery! I have an estimate in my defence for this but it only goes up to year or so ago re interest.

 

How can I phrase this and do I put this into the draft order for directions or where? Can I put this is the AQ somewhere?

Edited January 27, 2009 by babegem
more info

[babegem]

 

Does anyone know If I can apply for a stay as the account in Claim, is disputed due to unfair charges, and the creditor have failed to respond to dispute, or particularise the claim or supply support docs as per CPR?

 

I need to get my AQ back in less than 48 hours and have work tomorrow,

 

limit on time! Please help me...

[babegem]

bump

[caro]

Here's a guide to completing the AQ, but I'd like to see your defence too if you could post it please. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90317

[DocH]

Any law I can refer to in my AQ about no letter before action?

 

Can I request copy and proof sent of this in my directions?

 

Failure of the Claimant to supply a sufficient letter before action

 

34. The claimant has in the defendants opinion failed to conduct themselves in accordance with the Civil Procedure Rules insofar that they failed to issue a letter before action compliant with the CPR preaction protocols which state

4.3

The claimant's letter should -

(a)

give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

 

(b)

enclose copies of the essential documents which the claimant relies on;

 

©

identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

 

(d)

state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

 

(e)

draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

 

Yes, put them to strict proof.

[babegem]

[babegem]

[babegem]

[babegem]

Here's a guide to completing the AQ, but I'd like to see your defence too if you could post it please. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90317

 

[babegem]

[/i]

 

Yes, put them to strict proof.

[/indent]

 

Hi DocH,

 

Please advise the source of your second quote, and where I can add a summary in the AQ?

 

For example, do I put in the more information or in the directions or both?

 

Would this do the trick in the directions:

 

"The defendant puts the claimant to strict proof that the required documents were served before legal action was initiated, for example, no letter before action"

 

Thanks again...

Edited January 27, 2009 by babegem
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[beanpole]

Hi Babegem...just subscribing...

I haven't got through all of this yet, but would point out the following (sorry if you know this already):

Phoenix Recoveries purpotedly buy debt from the likes of HSBC, at a major discount and then try to strongarm recovery, by using L&R (Legal & Receivables) / LARGO Law (all same company). Names sound legal...but are just debt collectors...LARGO Law my 'associate' themselves with Caseys Solicitors, but 'Litigation executives'....are not solicitors at law.

 

Debts cannot simply be lumped together, each claim must be substantiated separately, with all necessary evidential paperwork....as on most of the forum's advice...any one of them should fail, if insufficient proof of agreement/default/assignment/amounts etc.

Flexiloans/personal loans are still loans and not overdrafts/bank accounts, so dont be fobbed off by this...so under CCA law and each requires production (and proof of delivery) of all relevant paperwork.

If the accounts are old enough to fall under CCA 1974 (pre 2006 I think ?), then look up several forum cases 'won' for specific guidance and references.

If they have not got paperwork proof as formal evidence served properly on each agreement, then each needs to be challenged on its own merits.

If the account numbers/amounts are different to yours, then you should also defend on basis of not recognising their claim......eg.could have any number of debt collectors chasing....you are simply trying to determine their rights to collect on that specific debt...

 

Try not to be too upset by LARGO Law....and try not to panic too much....by the time it comes to being heard, you'll probably know more about the CCA rules than they do...

 

Good luck and keep reading similar threads.

 

BP

[DocH]

Hi DocH,

 

Please advise the source of your second quote, and where I can add a summary in the AQ?

 

For example, do I put in the more information or in the directions or both?

 

Would this do the trick in the directions:

 

"The defendant puts the claimant to strict proof that the required documents were served before legal action was initiated, for example, no letter before action"

 

Thanks again...

 

Sure. From the Justice.gov.uk site here:

 

CPR - Rules & Practice Directions

 

The quote from the CPR would need to go into an amended defence, or may be suitable for a Witness Statement. Those with more experience will advise.

 

In your directions you should be asking the judge to order the claimant to provide you with a true copy of the letter before action.