DCA playing games?

[PGH7447]

try when lunch is over, if he is still out then he can be classed as ignoring you

 

type in stat demand in the search bar at the top there are loads of threads that explain the procedure

[PGH7447]

try this link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-stat-demand-arrow-global.html

[42man]

How was this served on you ? did it come in the post ? recorded delivery ? process server deliver it ?

[greatburdon]

Was delivered by post 42man.

[42man]

And did you have a direct relationship with Federal Management Ltd....as they say the debt hasn't been assigned ?? do they own the debt ??

[42man]

Just be cautious as they are watching this thread too...

[greatburdon]

I have no direct relationship with Federal, they do not own the alleged debt.

[42man]

Has the name of the original creditor been put on the demand anywhere ?

[greatburdon]

I have been made aware that they monitor this thread, but as I do not owe this alleged debt I am not bothered, just want to make sure that I respond in the right way.

[42man]

Did they include the nearest County Court to you ? (I presume you have deleted it from the images)....check that this named court actually handle bankruptcies / insolvencies...you can PM me this name and I will check for you if you like....

[42man]

Did they put the name of the original creditor anywhere on the demand ?

[greatburdon]

Where it says 'This demand is served on you by the creditor' is the name of the creditor (I removed the name for obvo reasons)

 

http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr2.jpg

[ODC]

This ex peeler really thinks he is something better than he is. He obviously is using the Stat Demand in a blatant attempt to intimidate you. There are a number of glaring errors in it which I will not point out here. You will hav no difficuly getting this set aside and indeed go for costs against this odious little man.

 

I would have thought with all his alleged experience that he would have been at least familiar with the Rules of Evidence, the Correct Service of Documents and the law regarding Perjury

[mr.ton]

I have been made aware that they monitor this thread .

 

I hope they do....message from Caggers:

 

[greatburdon]

I was successful in having the stat. demand set aside in October and was awarded costs.

 

Federal Management have now issued a claim form N1 (cpr part 7). I believe I have 14 days to acknowledge service and 28 days to put in a defence. Is this right?

 

Attached to the N1 is a witness statement which refers to attachments, these were not included nor sent to the court. As I know that the documents to which they refer as attachments do not exist how do I make them produce copies? I need these before I can compile my defence.

 

Gb

[42man]

Can you post up the particulars of the claim (without the fine details)...

[42man]

And may I ask how you got the stat demand set aside ?

[PGH7447]

yep acknowledge the claim at MCOL and send the fools a cpr31 request

[PGH7447]

persistant beggers aint they

[42man]

Your other thread will help you GB...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/224169-summons-recieved.html

[greatburdon]

Thanks for your replies.

 

42man .. The stat demand was based on their assertion that I issued a cheque as a refund which bounced. Total rollocks, there was no cheque therefore it had to be set aside.

 

Hi PGH, yes they are persistent. I did subject access them in August for the very documents that they say are attachments to the witness statement, they did not respond at all even though it is my understanding that they have 40 days to comply, does this have any bearing? Is there a cpr 31 letter anywhere?

 

I will post up the claim form now.

 

Gb

[greatburdon]

The claim form:

 

http://i597.photobucket.com/albums/tt51/greatburdon/claimform.jpg

http://i597.photobucket.com/albums/tt51/greatburdon/claimformcont.jpg

 

There does not appear to be a way of using MCOL so I will post the acknowledgement of service.

How do I go about transferring this case to my local court?

 

Gb

[PGH7447]

cpr makes or should make them produce what they will rely on in court

 

template is in the legal forum I believe

 

and due to it being issued by leeds then there is no MCOL, think this only applies to northampton

[PGH7447]

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.

 

courtesy of Postggj

[greatburdon]

Thanks PGH ... Can someone please advise the procedure for transferring to my local court?

 

 

*** Spoke to the court and they say as its specified amounts and named individual claimant/defendants it is automatically xfered to my local court ***

 

Gb

Edited January 21, 2010 by greatburdon