Help- my Claims Management Company has dumped me

[eliminatemydebts]

Hi I hope someone can help me here as I have a problem with a credit card where the lender is taking me to court.

I have been using a Claims Management company to deal with a credit card of mine but now unfortunately there is a problem with the company and I no longer have legal advice.

They audited my agreement and said it was improperly executed so I could stop paying which I did and then the lender defaulted me and then took me to court.

The company said don't worry we will put in a defence for you the agreement is unenforceable and it will not be a problem.

But now the company is not dealing with the solicitors on my behalf and having filled in the allocation questionaire on their advice and sent back to the court stating I will not be offering to settle the debtI am now left in the position of not knowing what to do now.

The company were going to write to the lenders solicitors on my behalf or give me a template to send them myself.

I do have a copy of the audit report which clearly says that the agreement is improperly executed.

I do not fancy standing in court to argue this on the basis of what I have got as i do not know what to say.

[creditcardmug]

Hi I hope someone can help me here as I have a problem with a credit card where the lender is taking me to court.

I have been using a Claims Management company to deal with a credit card of mine but now unfortunately there is a problem with the company and I no longer have legal advice.

They audited my agreement and said it was improperly executed so I could stop paying which I did and then the lender defaulted me and then took me to court.

The company said don't worry we will put in a defence for you the agreement is unenforceable and it will not be a problem.

But now the company is not dealing with the solicitors on my behalf and having filled in the allocation questionaire on their advice and sent back to the court stating I will not be offering to settle the debtI am now left in the position of not knowing what to do now.

The company were going to write to the lenders solicitors on my behalf or give me a template to send them myself.

I do have a copy of the audit report which clearly says that the agreement is improperly executed.

I do not fancy standing in court to argue this on the basis of what I have got as i do not know what to say.

 

Hi, and welcome, this is a classic example of why NOT to use these so called called claims management companies:-(

 

First can you type up the Particulars of Claim, as shown on the front of the claim form?

 

Can you type up the defence that was submitted?

 

Can you give details of the AQ that was submitted?

 

Who is the claimant?

 

Was this issued in Northampton court?

 

Sorry for all the questions, but this is going to take some sorting out, and we will need something to go on

[eliminatemydebts]

Hi and Thanks very much for your help with this.

Particulars of claim

The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby the Claimant provided the defendant with a credit card and in return the Defendant agreed to pay at least the minimum payment given in the statement .A default notice was served on the Defendant on 13.01.2009.The Defendant has failed to comply with this.The Claimant s claim of 5983.45 is the sum owed plus accrued interest as at 13.01.2009.Demand for payment has been made however the sum due remains outstanding.

The defence submitted was

The Consumer Credit Agreement relation to this claim does not contain all the prescribed terms required by The Consumer Credit Act 1974.

Because I have not signed an agreement containing all the prescribed terms the agreement is not enforceable without an order of the court and section 127(3)of the Consumer Credit Act 1974 requires the court to dismiss the application for the enforcement order.

Can you give details of the AQ that was submitted?

Sorry I do not understand what this is?

The Claimant is MNBA Europe Bank

The claim was issued in Northampton but has now been transferred to Chester and I have requested it be transferred again to Altrincham.

Thanks again for your help

[creditcardmug]

"having filled in the allocation questionaire on their advice and sent back to the court"

 

What did you write in the directions and other info sections?

 

how old is the account?

[eliminatemydebts]

I was told just to fill in my personal details sign and date the document and insert my name and address and such like .as far as directions I ticked the no box.

I also ticked the no box for do you want to settle at this stage and the yes box for have you complied with the pre-action protocols and that I would not be calling any expert witness.

If thats not enough info let me know.

The original application form was submitted in april 2004 but MBNA also sent a set of terms of conditions which is not dated at some time after that.

[creditcardmug]

Basically you haven't adequately defended the claim, and you haven't required them to provide any documents in the AQ...so this is going to be very difficult.

 

The only thing i can think of is to make a formal application on form N244, requiring them to provide all of the documents you ask for in order to substantiate the claim, although im not sure even this would work at this stage.

 

Others will be on to advise, just type "bump" into your thread if you are not getting replies

[eliminatemydebts]

The claims company seemed to be taking the view that the audit which they had done had proved conclusively that the agreement was not properly executed and that therefore all they had to do was present the document and that would be it all wrapped up.

Would it be worth someone looking at the document to see if it stacks up?

Not sure how to do that on here but I do have a scanner if there is some way to put it up on here.

[pt2537]

what were the reasons why they said the agreement was improperly executed?

 

would be helpful

 

Oh and not all claims management companies are bad CCM, just some of them, the one i work with does not charge and we operate on no win no fee with our costs being paid by the other side, so the client pays nowt. but i conceed that not all companies work like that

[creditcardmug]

The claims company seemed to be taking the view that the audit which they had done had proved conclusively that the agreement was not properly executed and that therefore all they had to do was present the document and that would be it all wrapped up.

Would it be worth someone looking at the document to see if it stacks up?

Not sure how to do that on here but I do have a scanner if there is some way to put it up on here.

 

Upload it to photobucket, and paste the link into your thread

[nicklea]

eliminatemydebts,

 

It would probably help you to send this letter as soon as possible to the solicitors mentioned on the court form, it will enable you to get hold of the documents that you need. It was drafted by a poster called surfaceagentx20:-

 

 

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

 

 

ps I don't live a million miles away from where you've got the case transferred to so I probably live reasonably close to where you are. If you need any support nearer the time then just give me a pm