Advice before court action please?

[jowil1973]

Hi,

 

After getting no help whatsoever when I had to try to reduce my payments last December due to a change in my circumstances, I did a S78 request on Tesco Credit Card in Feb and received the following documents as a response in March (slightly late), although the response got lost my end so I didn't realise I'd received it until May by which point I had already sent a couple of reminder letters.

 

http://i983.photobucket.com/albums/ae313/jowil1973/Tesco13_03_09_CAG_copy.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/TescocopyofApplication_CAG_copy.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/TescocopyofApplicationTsCs_01.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/TescocopyofApplicationTsCs_02.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/TescocopyofApplicationCCA_01_CAG_co.jpg

http://i983.photobucket.com/albums/ae313/jowil1973/TescocopyofApplicationCCA_02.jpg[url=http://i983.photobucket.com/albums/ae313/jowil1973/Tesco13_03_09_CAG_copy.jpg][/url]

 

On 11th May I sent a request for a copy of the CCA as per this thread....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

I also sent a SAR with it along with a £10 postal order.

 

I received a letter which makes no mention of my letter dated 11th May but does mention a letter I sent in April. In it they say the account is not in dispute and they have complied with my request and this is their 'final response'.

 

http://i983.photobucket.com/albums/ae313/jowil1973/7c57fcf5.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/Tescoundated_pp2.jpg

 

 

I've sent other letters - including a 'without prejudice' settlement offer letter and a final letter before proceedings - saying I still felt they should comply with my SAR (or at least return the PO) and that unless they responded I would issue court proceedings but I've had no response at all.

 

I also sent a copy of all my letters to the FOS saying I'd had Tescos final response letter (as they suggested in their 'final response' letter) but I recently received a letter from the FOS back to say they can't help me until Tesco issue their final response???

 

I then got a letter from Tesco (10th July) saying they were looking into my complaint and I would get a response in 10 days (nothing yet).

 

I called the number on the letter to enquire about the SAR and was told they hadn't received the request, or that it may be being dealt with by a different office but they had no notes that suggested that the SAR or any reminders had been received. I pointed out that they had all been sent recorded delivery and I have had confirmation of delivery but they then insisted they hadn't been received.

 

In the meantime I have also contacted Experian to say that I felt Tesco were wrong to show defaults on my account as it is in dispute. They put a note on the file but removed it after Tesco said the account is not in dispute.

 

I now want to issue County Court proceedings to get the SAR from Tesco to give me the relevant information to take the battle to them (I had months of trouble trying to get the PPI cancelled last year - Tesco kept saying the insurance was with Nat West but it turned out it was their own insurance). I've promised court action in several letters if they don't respond but they seem to be calling my bluff.

 

Can anyone offer any advice please?

[silverfox1961]

Hi, Sorry you were missed yesterday. I will do my best to help but I'm not as experienced as others.

 

Right, Image 2 is an application form however, I can't read section 1. If that contains:

The APR

Credit limit (or a statement saying one will be set for you)

Repayment terms

Then it could be enforceable. If not and there is nothing on the back of the "agreement" then it could be unenforceable.

 

Images 3 and 4 are generic terms and conditions but I don't think they relate to 2002 (you could check to see if there are any dates on the leaflet)

 

Images 5 and 6 are the latest terms.

 

 

With regard to images 7 and 8. Technically they have complied but if they took it to court, they would have to show an original agreement which contained all the relevant terms and conditions to make it enforceable.

 

They do have to state that "this is our final response" They haven't done so yet.

 

Did you send the SAR by Recorded delivery and if so, have you found out when it was delivered.

If you didn't send it RD, has the cheque/postal order been cashed?

 

Before you go down the court route, you need to give them the opportunity to comply followed by a letter before action giving set dates to comply.

 

That's enough for now, my hands hurt:)

 

fox

[nicklea]

I've promised court action in several letters if they don't respond but they seem to be calling my bluff.

 

Can anyone offer any advice please?

 

They are quite entitled to call your bluff. They are aware that the large majority of people that makes these threats will never carry them through.

 

But, to be honest, I'm more of a believer in the c**k up theory rather than the conspiracy theory of life. It could well be that your sar has got lost. If your cheque has been cashed then try giving them a call and explain your situation.

[jowil1973]

Thanks for the reply Fox, it's very much appreciated!!

 

I didn't post the letter saying so (sorry, so many I lose track) but they did give me their final response.

 

SAR was sent Recorded delivery as was every letter I have sent and I have online confirmation of delivery for each.

 

Ive decided to post my letters since May (there were also several before) and their responses in the timeline as they occured to try to give an accurate picture of events. Sorry it's such a long post.

 

8th May 2009

 

Account In Dispute – Notice of Action Against You

 

Re :

Dear Sir/Madam,

 

Despite two reminder letters you have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

By failing to comply with my request, and as such the account entered default on 5th March 2009.

 

On 11th March 2009 I sent a letter reminding you of this request and chasing it up, giving you 14 days to respond. I have still received no response.

 

On 20th April 2009 I sent a letter reminding you of this request and chasing it up, giving you a further 14 days to respond. I have still received no response.

 

Therefore this account has become unenforceable at law.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I received a letter from Triton dated 17th April 2009 suggesting that you were considering passing the account to them. I replied explaining that doing such is not legal as the account is in default.

 

I also see that you have marked my credit reference as late payment for the past 3 months. This is also not legal.

 

I am now forced to take action against you for your failure to respond to my legal requests and for your continued action, mentioned above, which is also not legal.

 

Delivery date (confirmed online) 11th May

 

 

Tesco letters received...

 

http://i983.photobucket.com/albums/ae313/jowil1973/7c57fcf5.jpg

http://i983.photobucket.com/albums/ae313/jowil1973/Tescoundated_pp2.jpg

 

http://i983.photobucket.com/albums/ae313/jowil1973/986b9a4c.jpg

 

 

11th May 2009

 

Account In Dispute – Notice of Action Against You

 

Dear Amy Wenborn,

 

Thank you for your recent letter, which wasn’t dated but which was received on 8th May, unfortunately just after I posted my previous letter to Tesco Credit Card.

 

You state that you are compliant with the s78 request but as was made clear in my letters of 11th March, 20th April and 8th May I have received no response to my request of 15th February other than a single phone call on 24th April.

 

Interestingly the phone call of 24th April made no mention of the request having been complied with even though the caller did mention a ‘letter’ supposedly ‘sent on the 31st’ which I informed the caller I had not received.

 

I notice too that your letter gives no date when you supposedly complied with the request by sending the relevant documentation.

 

There has been no reply received by me which does fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The absence of any relevant paperwork confirms that I am not liable for any debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

Having not received any ‘true copy’ of any agreement whatsoever, you have not complied with the request and the account remains in dispute.

 

In view of your comments regarding your legal obligations I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Additionally I require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker.

 

Especially in view of the efforts to which I had to go to cancel the Payment Protection Insurance, I also have reason to believe that the PPI may have been mis-sold.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

I look forward to your reply and would ask - in view of how long this dispute has been ongoing - for a response by 5pm on 22nd May 2009.

 

While the account REMAINS in dispute I request that you correct the processing of all data on my credit files. If this is not done I shall be forced to issue a formal notice under Section 10 of the Data Protection Act 1980 against you.

 

You will also find attached to this letter a formal Subject Access Request.

 

Yours faithfully,

 

 

 

Data Protection Act 1998

 

 

 

 

Subject Access Request

 

 

 

 

 

 

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:

 

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. 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 ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

8. 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.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec).

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technial Guidance update (Dated August 2007).

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

Delivery date (confirmed online) 14th May

 

Tesco letters received...

 

http://i983.photobucket.com/albums/ae313/jowil1973/Tesco17_05_09_CAG_copy.jpg[/font]

http://i983.photobucket.com/albums/ae313/jowil1973/db3686e4.jpg[/font]

 

 

31st May 2009[/font]

 

 

WITHOUT PREJUDICE

 

 

]

Account In Dispute

 

Re :

 

Dear Sir/Madam,

 

Thank you for your letter dated 17th May 2009 (received on 21st May) which was signed but had no printed (or legible) name, and your letter dated 21st May 2009 (received on 28th May) from Steve Burton, Customer Assistance Manager - Collections.

 

Firstly I must apologise as I have now searched through all correspondence received in relation to this matter and now realise that you did send documents and a letter dated 18th March 2009 in response to my formal request pursuant to s.77/78 of the Consumer Credit Act 1974 in my letter dated 15th February.

 

However the response was outside the legally allowed time limit and the account went into dispute on 5th March 2009.

 

Despite your claims to the contrary, this response did not comply fully with the regulations governing such a request and whatever your opinions this account remains in dispute.

 

I have received the documents you sent and in the accompanying letter you have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act. The document received does not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974. Therefore this account REMAINS in dispute.

 

 

The absence of a properly executed credit agreement prevents you from:

• Adding interest to the account

• Taking any enforcement action on the account

• Issuing any default notices or registering any default marker with a credit reference agency

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid.

 

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

What is also obvious from the documents that you have sent is that the PPI box on the application form appears to have been pre-selected? The form also clearly states that I was self-employed at the time of the application which would have excluded much of the protection offered by PPI. This seems to suggest that the PPI, which I had extreme difficulty in cancelling last year and was told I had requested on my original application, was in fact miss-sold.

 

Your letter also makes no mention of my letter of 11th May 2009 which included a formal Subject Action Request (SAR) along with a postal order for £10 to cover the fee for such a request.

 

I do not believe that it would be wise to choose to ignore a SAR, despite having said that you have given me your ‘final response’. If you do intend to ignore the SAR then you should also return to me the postal order for £10.

 

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines.

 

Steve Burton’s letter states that he is ‘disappointed’ at not having received a reply to any previous correspondence. My letters of 17th Dec, 18th Jan, 3rd Feb, 15th Feb, 11th March, 20th April, 27th April, 8th May and 11th May all sent by recorded delivery surely count as correspondence and replies on this matter?

 

He goes on to say that the account is being passed to the Debt Recovery Department and to threaten my future credit rating unless I make acceptable proposals to the bank within 28 days.

 

It appears that you have your head in the sand with relation to the legal rights and wrongs of this matter and believe you can give me deadlines whilst ignoring your own legal deadlines.

 

It is my belief that you are not in a strong position regarding your compliance on these matters and that you have been wrong to label the account as in default and register details as such with the credit reference agencies as no true copies of correctly executed documents have been supplied.

 

To sum up:

• You have not met the requirements of a properly executed credit agreement under the 1974 Act as the document received did not contain any of the prescribed terms

• The PPI appears to have been miss-sold

• You have continued to chase payment on an account in default

• You have continued to issue default notices on an account in dispute

• You have registered defaults with the Credit Reference Agencies on an account in dispute

• You have continued to add interest and charges to an account in dispute

• You have threatened to pass the account to a third party whilst it is in dispute

 

I have received your ‘final response’ and you have made no efforts to put right any of these issues and continue to threaten me with illegal action.

 

In compliance with my previous written requests and SAR by 29th June 2009 you should produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.

 

Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for you to write the alleged debt off. I suggest you give serious consideration to this as not only will any attempt of litigation be vigorously defended and I will counter claim for all quantifiable damages but also if you continue to act illegally on this matter I shall set in motion my own legal claim against Tesco Personal Finance. I shall also, as you suggested, forward my complaint to the Financial Ombudsman.

 

I have continued to make token payments regularly on this account as an act of good will whilst this dispute is ongoing, even though there is no legal requirement to do so while the account remains in dispute.

 

If you feel that the account is not in dispute as you have claimed, despite the evidence I have listed to the contrary, you should contest this through the correct legal manner BEFORE taking further illegal action contrary to the account being in dispute.

 

By continuing to fail to comply with my lawful requests, failing to abide by legal timescales, continuing to add interest and to register defaults on the account and submitting these to the credit reference agencies whilst the account remains in dispute, I feel that you are only strengthening the case against yourselves.

 

Delivery date (confirmed online) 3rd June 2009

 

No responses received.

 

 

31st May 2009

 

LETTER BEFORE ACTION

 

Section 7 – Data Protection Act 1998

 

Re :

 

Dear Sir/Madam,

 

You have failed to comply with my Data Protection Act Subject Access Request dated 11th May 2009.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without further notice to you.

 

Yours faithfully,

 

Delivery date (sent Special Delivery confirmed on line) 1st July 2009 (letter date should have read 30 June 2009).

 

The only other letters received have been to say that payments have failed to reach the account due to incorrect details and ask me to change details using a different sort code and 00000000 account number??

 

Thanks for bearing with me. What do you think??

Edited July 26, 2009 by jowil1973

[nicklea]

They have sent you what they've got in terms of an agreement - which, as silverfox says, does appear not to be enforceable. What more can they send you if that is all they have?

 

Everything you have said in your letters is correct, but the point remains that until you do something to get them to stop they will carry on doing it. This is because they are of the opinion that they are correct - regardless of whether they are or not. The more cynical may say that they are well aware that they are in the wrong but have taken a commercial decision to carry on anyway as most people will just give up and not take it any further.

 

It is up to you to do something if you want to make them stop doing this - I'm afraid that just writing letters and making threats won't, as you have found out, stop them from doing these things.

 

I know that this might not be what you wanted to hear, but if you want to get this stopped I suggest that you do need to take some action.

[silverfox1961]

With the CCA request, you have done evrything you can so far. You could ignore any deemands for money until they supply. They would be very silly if they tried to take you to court. Let them sell the debt on as you will be able to see off the muppet DCA's that come along.

 

 

With the SAR, they haven't complied, so your next step is the court route.

 

Here is a link I used to get the info I needed to serve my court claim on Crapital One:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html#post1592782

 

Just use what you need and edit to suit

 

I would also complain to the information commissioner

[peter1234]

Hi watching with interest at the same stage as you and getting the same denials from tesco

[jowil1973]

Thanks again Fox and thanks too Nicklea.

 

I'm happy to take action and issue court proceedings and I do understand why they won't just roll over without me doing so... I just wanted to be sure I wasn't way off the mark and to get a little guidance on the next step.

 

I've actually subscribed to your thread too andbrat -hopefully we'll both get somewhere soon.

 

I've had a letter now from Tesco re the FOS saying they've already issued their final response and I should forward that to the FOS. Not sure I'll bother, think my next step is to issue the N1 at County Court. I'll keep you posted.

[peter1234]

i have had final response and sent all details to FOS but they will take 6 to 9 months toreally do anything

 

my problem is that i am not sure how to go about court and all the implications and whether i will be able to handle a court hearing

[jowil1973]

Got to work out costs for my N1 form but was going to put this as the Particulars of Claim...

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has an account number ("the Account") with the Defendant which was opened on or around 2002.

 

3. On ... May 2009 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendants failure to comply with the Subject Access Request the Claimant has suffered damage.

 

6. The damage caused is:

Extra costs incurred in addition to Court costs due to the Defendantsfailure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice. I estimate the cost to be £..... (see attached schedule 1).

 

7. The Claimant seeks an order that the Defendant do comply with the Claimants Subject Access Request.

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimants Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information and where it finds that the Defendants opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

It's edited from http://www.consumeractiongroup.co.uk...ml#post1592782

 

Does it look correct?

[jowil1973]

Anyone...?

[jowil1973]

I issued the N1 last week and noticed TPF have removed my file from Experian (the day I issued). I received a letter 4 days later (though dated the day before) in response to my SAR follow up letter dated 31st May saying they hadn't received a SAR letter but would respond to my SAR if I sent them a £10 cheque (I sent a £10 PO in my original SAR for which I have proof of delivery).

 

Will have to wait to see what happens next...

[jowil1973]

I have had (finally) the defence from TPF's solicitors. After asking for (and getting) a further 28 days to respond, they sent a sorry version of a SAR response last week along with a defence that they have complied by sending it.

 

They have refused any financial costs I had in the claim and say that the reason it took so long to get the SAR response was due to it not being received until September due to internal administration by TPF.

 

The response is full of holes though, three or four statements from about six years ago then a gap until 2008! Just that and the same copy of my application form they sent in response to S78 request and some copies of recent letters (mostly from me to them) and a Default Notice.

 

Looks like I need to go through with the Court hearing!

[jowil1973]

I have to send a copy of my defence to the Court and the defence solicitors this week. Can anyone help as it's a bit confusing what format this should take??

 

I've been surfing this site but it all gets a bit confusing!

[supasnooper]

Is this relating to your case of Tesco's non-compliance of the SAR ?

[jowil1973]

Yes. Tescos solicitors are defending.

 

I'm going to copy all their response to the SAR, all their letters, my letters to them, proof of deliveries and postage receipts. I don't know what else I need to send and whether I just send these copies or if I need to outline my case??

[supasnooper]

I'd do a Witness Statement detailing in chronological order how you have approached this.

 

I would use your letters and responses as exhibits and list them as such.

 

Have read through this thread for a good insight, although FUAFB was against LloydsTSB; the same principles apply.

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

Edited November 30, 2009 by supasnooper

[jowil1973]

Thanks supasnooper! Much appreciated.

[jowil1973]

Hi, more help needed please.

 

I submitted a Witness Statement and copies of correspondence as evidence but received a reply back (dated the 8th, the day the defence was due from both sides) from the TPF's solicitors saying my Witness Statement did not meet the required form of the Practice Document. I was given 7 days to re-submit (which I did, sent today).

 

However I also received a General Form Of Judgment or Order from the Court saying upon the Courts own motion they have made this order of their own initiative that by 4pm on the 15th (today) I need to pay £25 Hearing Fee or the Order of the Claim will be struck out.

 

Like an idiot I thought this was due tomorrow. Have I screwed it all up or can I go and pay this tomorrow?

 

It says dated 7th December 2009 but at the top right it's dated 8th December 2009 and the post mark is dated 9th December 2009?

 

Help please??!!

[supasnooper]

It doesn't matter what TPF's solicitors say........it is the Judges opinion that counts !

 

TPF are trying to put you off !

 

If the court has requested a fee then you must pay it.

 

Give the court a call to confirm the date.

[jowil1973]

Hi Supasnooper.

 

The letter is from the Court not the solicitors. It says:

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. The Claimant shall by 4pm on 15 Decembner 2009 pay the Hearing fee of £25.

 

2. If the Claimant fails to comply with paragraph 1 of this Order then the Claim shall stand struck out.

 

Dated 07 December 2009

 

As I said though the post mark was 09 december so it would have been received on the 10th.

[supasnooper]

Oh dear.

 

Get down to the court or ring them the Court Manager to see if they will accept a payment somewhat late.

 

Explain about the dates on the letter and the post mark and that you would have indeed complied if you had received it earlier. Remember it's now the Xmas rush for the Royal Mail.

 

Hopefully, they will allow the payment.

[jowil1973]

My confusion comes from the solicitors letter giving until 4pm on the 16th for the revised Witness Statement. Ive spent all my free time for the past week re-doing the statement and replying to their letter.

 

I hope I haven't buggered it all up now!!

 

It seems unfair that they were a day late filing their defence and nothing is said or done but I can risk having the claim struck out through being a day late with payment - especially as its just a genuine mistake.

[supasnooper]

Speak to the court tomorrow....I'm sure they will alllow you to make the payment.

[jowil1973]

Thanks Supasnooper.

 

Beginning to think the legal system is on the banks side.

 

If the claim is struck out is it finished for good?

 

Would I have to start all over again?

 

I was given Judgment By Default on an MBNA SAR claim when they didn';t issue a defence but they just ignored that too. I asked the Court what I should do (wrote a letter as advised when I called them) and received a letter back telling me its not for the Court to tell me what to do. Makes you wonder what the point is if even when you win a battle it doesn't seem to get you anywhere?

Edited December 15, 2009 by jowil1973