Rockwell/Tessera/Pheonix claimform - old First Direct OD

[Miss_cake]

Hello,

Can I seek clarification on my above points, also because they haven't mentioned any documents should I be asking them to replead?

Thanks

 

Hi,

Would somebody take a look at the attached letter which I intend to send today. I am still confused over CPR 18 and 31.14 so have mentioned both.

I was going to just send it as a CPR 18 because of the lack of documentation quoted and ask for a replead but the majority of people on this forum send thee CPR 31.14 lettter.

Would this be suitable?

Thanks

 

Updated attachment

court Draft.doc

 

Help please!!

I need to respond to their solicitors and just need guidance from my previous posts.

Not sure if there is a problem with my posting but I don't seem to be getting anything.

Thank you

Miss C

[havinastella]

Hi Miss C,

 

The CPR request looks fine. Make sure you send it Recorded Deliver and just initial it, don't sign it.

 

You need to defend this in full as with that POC, they have no chance of winning at all.(In a real world anyway)

 

Make sure you don't miss the deadline as I'm not sure if you can log in as it was Issued in Southend and not the bulk mail center. Get the CPR off, defend the claim in full and that will give people extra time to help with your defence.

 

Jogs

[Miss_cake]

Thanks H,

Have done so and will await their response.

Best wishes

Miss C

[Miss_cake]

Just to update, letter was sent recorded. No response received at all so I rang the court who advised me to ensure some form of defence was put in so that I wouldn't get a judgement by default. I couldn't do anything but refute their legal claim because I have nothing to work with and my 28 days has almost expired.

 

Not sure what will happen now...just wait and see I suppose !

[havinastella]

You REALLY need to getsome defence it ASAP.

[nicklea]

Could you please tell us what the Particulars of Claim actually said? You made a vague reference to it in one of the previous posts but it really would help to know what has been claimed.

 

The reason for this is that your defence has to relate to what is actually claimed against you.

 

Also, please be aware that First Direct is actually owned by HSBC so that is probably why they make reference to a HSBC account

[Miss_cake]

Hi Nicklea,

 

The POC verbatim states "The claimants claim against the defendant (My Name) the sum of (amount) due under the following account (account number of DCA and my old Current Account Number)

 

I have issued a defence but could only base it on the paperwork which I had to hand which luckily for me I have kept all corres for a number of years.

 

I have defended as follows:

 

1 I have never acknowleged this debt (copy of letter from 2009 sent to court showing disputed account)

 

2 I requested them to either re-plead or provide information under CPR 18/31.14 on (date)

 

3 I have always disputed this debt and despite asking them to substantiate their claim nothing has ever been forthcoming (Copy of corres dating back 2 years provided to court)

 

4 I have never held a HSBC Bank Account (letter sent to court from HSBC in 2009 confirming this )

 

I have also stated that I would have appreciated the opportunity to defend properly but due to an approaching deadline and the fact that I have not had a response to the CPR request I have been cheated of this.

 

I have defended as best as I could under the circumstances.

Thanks

Miss C

[Miss_cake]

Have received a notice of discontinuance - does this mean they will go away never to return?

 

Or do I still have to watch my back !

 

I am thinking of claiming all of the money back which they have extorted from me over the last couple of years,

 

is this a possibility or should I let things lie?

 

Thanks for all of your help people.

Miss C

[42man]

It means they are not up to the fight.....you could go for a wasted costs order too - http://www.consumeractiongroup.co.uk/forum/showthread.php?134172

[Miss_cake]

Thanks 42Man after what they have put everybody through I think I should.

[Bazooka Boo]

You definitely SHOULD! After all they rattled your cage acting the BIG I AM, now the boot is on the other foot, right back at them I say, make them think twice before issuing should puerile foolish nonsense again, if they do then they better have the minerals to carry it out and stick by their word, failing that they will get hammered each and every time for their childish deluded ramblings.

[Miss_cake]

Couldn't have articulated this any better Bazooka, I will definitely give them "both barrels" as they say!

[42man]

Another couple of threads you may be interested in - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part38.htm#IDAMEC5B

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?163222

[havinastella]

Congrats MissCake

 

As already advised, don't let them off the hook. As you have submitted a defence, you ar entitled to costs. Around £500 is a nice little number .

 

Jogs

[Miss_cake]

Sounds about right...will get a letter drafted tomorrow and see what happens.

 

Thanks

[Miss_cake]

Just a bit of further advice required,

 

Is there any particular paperwork that I need to send to the court to claim wasted costs and recover monies paid to this **** in the past or will a letter to the claimants solicitors and a copy to the courts suffice?

 

I have had a look at other posts on the forums but a N244 doesn't seem to fit my case.

Thanks

Miss C

[Miss_cake]

I sent a letter to the DCA Solicitors that instigated the legal proceedings requesting wasted costs etc and also the money which the DCA have had from me over the last couple of years.

 

Letter received from the solicitors dated 12/4 basically telling me to get stuffed, they didn't put it quite so bluntly but the gist of it is that their clients have delined my alleged costs, they they only discontinued due to age of the debt and that the debt is still owed and remains due.

 

They have pointed out that I do not have any solicitors on record therefore my claim regarding legal consultation is invalid (I consulted with my union solicitors Browells) but defended myself and as far as my payments made in the past to this debt they have refused to refund because they state they were recovering on behalf of their client.

 

They have said as a goodwill gesture their client will cease further recovery action and that they, as solicitors are no longer instructed to act in this case....nice kiss off.

 

What can I do now??

Miss C

[nicklea]

First of all I will say that I am not the person to give any advice at all on the merits of claiming your LIP costs of 9.25 per hour. I'm sure that others will come along and help you with that.

 

However, having said that, there are a couple of issues where I would suggest that you really will not get anywhere:-

 

They have pointed out that I do not have any solicitors on record therefore my claim regarding legal consultation is invalid (I consulted with my union solicitors Browells)

 

If you had to pay a fee then, yes, you could possibly make a claim. However, if you didn't have to pay anything to the solicitors then what are you trying to claim?

 

 

as far as my payments made in the past to this debt they have refused to refund because they state they were recovering on behalf of their client.

 

There was a recent case in the Court of Appeal that confirmed that sanctions not provided for under the Act are not available. What this means is that if the debt didn't come under the CCA then you would be able to claim for restitution oif payments made under a mistake of law and also interest on those payments for the time value of the debts as well - there is case law that supports this.

 

However, the CCA clearly states that you can't claim this for debts regulated by the CCA. Have a read of some of the posts of pt2537. He tried to do this for one of his clients and was succesfull at first instance but was soundly beaten in the Court of Appeal after the creditor appealed the outcome.