Urgent advise and help!!! for claim defence

[FireFox1969]

I have Fasttrack solicitors taking me to court for a debt of 3,000+

 

the debt was from Finspread trading but i am not sure how this came to be a debt as i have to put money in to bet with and when it hit zero i can not continue.

 

I asked for agreement signed but they never responded then asked again and got someone elses information. i told them i had received this and could i have mine but no answer.

 

next the letter from the solicitors and i asked the same. Thay went away and came back saying look on the website for T and C and this is not a agreement under CCA.

 

I left it at that and waited then got a letter saying your last chance. I asked again and they said their client has requested to proceed with court action.

 

When i got the court info through the solicitors put on there that they had sent me a LBA and STATEMENTS off the account...I NEVER GOT ANY STATEMENTS.

 

So know i send them a CPR for info and they said go look at the website and pay up before 27th Apr or we got to court (not quite like that )

 

what do i do if a company is not reg by anything but FSA...

 

Any help here would be great. I have done all i can with the court paperwork

[42man]

May I ask what the POC's are ? Particulars Of The Claim ? (don't be specific with the numbers though)

[FireFox1969]

May I ask what the POC's are ? Particulars Of The Claim ? (don't be specific with the numbers though)

 

The Claimant's claim is for the sum of £2781.40 being monies due for a series of spread betting transactions between the claimant and the defendant in respect of which invoices/statements listed below have been issued by the claimant to the defendant.

 

Before the issue of these proceedings, the claimant's solicitor sent additional copies of the said invoices under the cover of a LBA (no they did not i just got the letter!)

 

and the claimant also claims interest pursuant to their T and C (i have asked over and over for these) at 4% above bank base rate per annum amounting to £867.10 and continuing at a daily rate of £0.34 until Judgment or sooner payment.

 

Details of invoices

 

Date Amount Paid

18/08/2005 £2781.40 £0.00

[42man]

Thanks FF, I have to say i'm really not familiar with these types of accounts. So can not be confident in any way but if you issue a CPR18 or 31.14 you could potentially ask for copies of a signed agreement ? any termination notice ? invoice copies ? and the LBA ? terms and conditions at the time the account was opened ? At least this way you can gain directions through the AQ and get the company to disclose....i'd say the particulars could be a little vague too....

 

As I said i'm not confident enough with these types of accounts...but at least by challenging them to provide all the paperwork, you can check to see if they have it and it is bona fide.

 

There wer e acouple of others on CAG who had similar situations, a search under 'betting' or 'spread' might turn these up

[FireFox1969]

thanks 42

 

I have sent a CPR 18 and the reply i got from FASTTRACK was:

 

'We thank you for your recent request

 

As you are aware full access to all documentation, including the documents that you have requested is available on line. For ease of reference please be advised that the link is (www. BLAH...Blah)

 

We suggest that you utilise this method of obtaining documentation.

 

In any event we do not accept that there is a valid dispute to this claim and we expect immediate payment. In the event that payment is not made by 25th April 2009, we have been instructed to proceed with judgement.

 

We also draw your attention to the fact that your PART 18 request does not apply to claims that would fall into the small claims regime'

 

is that right?

[42man]

That is the first I had heard of this....

[FireFox1969]

well i have contacted the Min of Justice let you know what they say