babegem v Phoenix recoveries/HSBC

[babegem]

bump

[caro]

I think you probably need to ask the court if it matters that the wrong form was used. It may take a while before you hear anything else.

 

In the meantime, if you haven't done so already, I suggest that you start getting all the paperwork you have that's relevant to this, and get it all in date order ready for putting together your court bundle. Also, put copies of any relevant legislation you're using in your defence.

 

Do you believe Phoenix have been properly assigned your debt? If not, they can't enforce it at all.

[babegem]

Thank you, thats the plan for the weekend.

I havent heard anything from the Claimant yet! No response and no letters or CCA or info sent yet. No attempt to negotiate or furnish with SAR request despite the £10 being sent.

[caro]

How long since the SAR and CCA request were sent?

[babegem]

How long since the SAR and CCA request were sent?

 

I sent this in December, and then sent again, with insistence and £10 postal order 17 days ago.

 

I have heard nothing as yet from either the claimant or the court. What should I do now? I'm still unaware if the claimant paid their AQ fee or not, (and dont have an hour spare to be on hold calling the court like last time during working hours). I guess I will hear from the court any time now.

 

Should I write to them to notify that I have had and heard nothing from the claimant?

 

Thanks

 

[babegem]

bump

[caro]

They have 40 days from receipt of payment to comply with the SAR so still have time for that. It's just a case of waiting to hear now. The courts are very busy and it can take a while to hear from them.

[babegem]

bump

[babegem]

They have 40 days from receipt of payment to comply with the SAR so still have time for that. It's just a case of waiting to hear now. The courts are very busy and it can take a while to hear from them.

 

Oh I thought from the wording on the template letters, that they had 14 days to send the CCA, and I sent the original letter back in December. Not sure why it would say 14 days in the guidelines I have seen on this site... I feel a bit stupid now if its 40 and I sent a copy of a letter that said 14 that I saw was the recommended letter to get documents that they would rely on etc.

 

Any ideas at all please??

 

Anyone else clear up what I have done wrong?

[caro]

It is 14 days for the CCA. The 40 days refers to the SAR.

[babegem]

Thank you for trying to help, but I am confused now and beginning to worry again about what I should be doing now.

 

I followed the guidelines in the letter I sent out, I will copy and post so you can see what letter I am referring to. It says about 14 days for response in it, so I just wondered if I can write to advise the court I have received nothing, if its worth me doing that at this stage?

 

Thanks again,

[babegem]

Dear Sir/Madam,

 

REQUEST FOR INFORMATION – under CPR section 18

 

I have received a recent court claim from your organisation. In order to pursue 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.

 

In consideration that it is over 40 days since you have already been requested to supply, and have therefore had reasonable opportunity to supply to me (the defendant), the information must be furnished within seven 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 HSBC.

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.

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.

 

 

[babegem]

bump

[caro]

That makes more sense now. You referred to a SAR earlier and paying £10, but this is a CPR request which is different. You have said that you will seek an order from the court to make them comply so looks like that's your next step. http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part18.htm#IDA4HY3B

Edited February 17, 2009 by caro

[beanpole]

Hi babegem,

yes, I agree, you are ok, the CPR18 route is 14 days to respond.

What's the latest, if anything ?

Have they replied within 14 days and if so, with what ?

 

BP

[babegem]

Hi babegem,

yes, I agree, you are ok, the CPR18 route is 14 days to respond.

What's the latest, if anything ?

Have they replied within 14 days and if so, with what ?

 

BP

 

I havent heard anything from either the court or the claimant yet...

 

 

It has been just over three weeks. How do I go about requesting the court support my request properly?

[beanpole]

Hmmm, frustrating.

Has there been NO response to your CPR 18 request within last 3 weeks ?

I believe that you should be able to report this to the Court, copy your letter as evidence and seek a Court Order to enforce it.

I think (but don't rely on this), you are into the territory of claimant frustrating your attempts to defend yourself adequately.

Maybe just a quick telephone call to the court, asking for clarification would put your mind at rest.

Sorry I haven't gone back and read all of your thread - I'll do this later if I can.

Hopefully someone else will make a comment shortly with more advice.

BP

BP

[babegem]

Hi there,

 

I popped into the court, and they told me the claimant paid the AQ fee on the 16th Feb. The date to file it was the 29th Jan. So surely, this is outside even the additional 14 days after the filing date.

 

There is no news as yet, but the response order is being typed up and will be sent out to us both soon.

 

I asked about the CPR 18 request and was told they will look into it, and get back to me. They took a note and a copy of the two times I sent it, and said they will forward it on to the court/judge dealing with it for comment stating that I want it enforced.

 

Who knows now what will happen, I guess I just have to wait?

 

Beanpole, what is happening with you, send me your link on Privat emessage please?

[babegem]

bump

[babegem]

I have had a respne from the court. I dont want to say too much in the open in case I give it all away, butI have a date for a hearing, and no response still to my CPR request or the AQ docs I sent such as draft directions or request for the court to order claimant to respond to my CPR and SAR request. I have a date set for April, and still no CCA etc or docs to be able to defend properly.

 

I can tell more about the contents, which are brief, but can anyone tell me what this means? Is this date the decision date? Will I not be able to see the docs? Why have they not acknowledged or responded to my request for stay or to negotiate or the docs to be given to me?

 

should I contact the claimant again and ask what happened to the CPR SAR and teh £10 or why they havent replied to my req to settle or negotiate?

 

It also happens the date requested I have to go to hospital the previous and the same day for continuing assessment. Doc has suggested anxiety is manifesting itself in serious ongoing illness.

 

Any one got any thoughts please?

[caro]

If you know that you won't be available for court on that day, notify the court as soon as possible in writing and explain why. What exactly does the court order say?

 

You have asked the court to deal with your CPR request so you'll just have to wait for now to see what they say about that. If you haven't heard anything in the next couple of weeks phone the court and ask again. You've put it in their hands now so give them a chance to deal with it.

[babegem]

If you know that you won't be available for court on that day, notify the court as soon as possible in writing and explain why. What exactly does the court order say?

 

You have asked the court to deal with your CPR request so you'll just have to wait for now to see what they say about that. If you haven't heard anything in the next couple of weeks phone the court and ask again. You've put it in their hands now so give them a chance to deal with it.

 

I will be available for the court the same afternoon, my hospital is in the morning. it concerns me regarding prep time and how much I am taking on in one day, thats all. I'm finding it all very overwhelming and this site is really the only support I have.

 

I have verbally asked the court to deal with the case by going to see them last week, he said I should expect to hear something back in the next week or so. Should I write in a week's time if I have heard nothing as the guy didnt have any answers when I went to ask them, which suggests the same will be true if I phone.

 

I will pm you the content of the Order if that is ok as I am concerned that the content may lead largo to understand my ID and help them. Is that ok?

[babegem]

Caro,

 

I cant pm you as you have no inbox space. Have written all info ready to send b4 seeing this...

[caro]

Send it to my CAG email which is my user name followed by @consumeractiongroup.co.uk

 

Regarding the hospital and court on the same day there are 2 options as I see it.

 

1. Ask for the court date to be changed as you have an appointment in the morning, which you're concerned may run late. As a litigant in person you need to be sure that you could attend the case on time, and you're not sure that this would be possible, or that you'd feel up to it.

 

2. If you do your homework you should really be prepared well in advance of the court hearing. Go over and over your case, make sure you're familiar with all the legalities, have a draft ready of what you want to say, make a note of questions you want to ask the other side. If you can make a familiarisation visit to the court then you'll know exactly where you are going and what to expect.

[babegem]

Hi Caro message sent on to you, am about to call the court as no guidance notes with their form to me, just to see what it means really