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    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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Help Sainsburys Court Problem!!!


Guest dvdriley
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Guest dvdriley

I have 2 accounts with Sainsburys. One was a credit card and one was a loan. The loan agreement was enforceable and I pay an agreed monthly amount which I can no longer afford. However the credit card account, I is not enforceable. For 9 months I have been requesting a cca. I has gone thgrough 5 dca,s. I have now been sent to agreements. One headed " CREDIT CARD AGREEMENT" and one headed 2 FIXED TERM LOAN AGREEMENT. bOTH HAVE THE SAME ACCOUNT NUMBER!! I cant possibly have 2 agreements with the same account. The top of the agrements look to be doctored.

 

I cant get a clear copy so this is what is claimed:

 

THE CLAIMENTS CLAIM IS FOR £....... PRESENTLY DUE PURSUENT TO A CREDIT AGREEMENT ENTERED INTO BY THE PARTIES, FULL PARTUICLARS OF WHICH HAVE BEEN SUPPLIED HITHERTO.

 

BY AN AGREEMENT DATED ....2005 THE DEFENDENT HAS AN ACCOUNT5 NUMBER ........ WITH THE CLAIMANT. THE DEFEFENDENT HAS FAILED OR DELAYED TO ADHERE TO THE TERMS OF THE DEFAULT NOTICE ISSUED BY THE CLAIMENT UNDER THE TERMS OF THE CDONSUMER CREDIT ACT 1974. THE BALANCE DUE AS AT 23/7/9 ON SAID ACCOUNT IS £....

 

I have sent back acknowledgement stating my intention to defend the claim. This is a loan from Sainsburys bank taken out in July 2005 with an enforceable agreement. I also have a credit card agreement with them. Now this is the interesting bit. Both agreements sent to me have the SAME ACCOUNT NUMBER but both agreements are totally different. One contains my signature and one does not. One is headed CREDIT CARD AGREEMENT and the other is headed FIXED TERM LOAN AGREEMENT. Looking at the balances I am presuming it is the fixed ternm loan agrement they are suing for. As for the DN . I received a DN on August 16th 2008 ( Saturday ) dated 14th August 2008. Arrears of £.... had to be paid by 28th August 2008. Since then I have not received any termination notice or assighment of loan to Blair Oliver who have been writing ever since.

 

Now I have to start putting my case together.

 

1. I have been sent 2 agreements both different but both with the same account number

2. The one I believe they are suing for is not signed by me but stamped over it is CUSTOMER COPY.

3. The DN did not give me enough time to adhere to ie 14 days.

 

As a side issue I am still being pursued by Robinson Way for the credit card debt. They have sent a credit card aghrrement with the same account number as the above headed CREDIT AGREEMENT.

 

I have negative equity in my home with 3 charges on it due to a failed business. I want to pay them £1.00 which income and expenditure justifies.

 

When they sue for the credit they will have a problem as they will be relying on the same account number?

 

Where do I start. I have 20 days left

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i would also be inclined to scan up the agreements but remove pers inf.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have 2 accounts with Sainsburys. One was a credit card and one was a loan. The loan agreement was enforceable and I pay an agreed monthly amount which I can no longer afford. However the credit card account, I is not enforceable. For 9 months I have been requesting a cca. I has gone thgrough 5 dca,s. I have now been sent to agreements. One headed " CREDIT CARD AGREEMENT" and one headed 2 FIXED TERM LOAN AGREEMENT. bOTH HAVE THE SAME ACCOUNT NUMBER!! I cant possibly have 2 agreements with the same account. The top of the agrements look to be doctored.

 

I cant get a clear copy so this is what is claimed:

 

THE CLAIMENTS CLAIM IS FOR £....... PRESENTLY DUE PURSUENT TO A CREDIT AGREEMENT ENTERED INTO BY THE PARTIES, FULL PARTUICLARS OF WHICH HAVE BEEN SUPPLIED HITHERTO.

 

BY AN AGREEMENT DATED ....2005 THE DEFENDENT HAS AN ACCOUNT5 NUMBER ........ WITH THE CLAIMANT. THE DEFEFENDENT HAS FAILED OR DELAYED TO ADHERE TO THE TERMS OF THE DEFAULT NOTICE ISSUED BY THE CLAIMENT UNDER THE TERMS OF THE CDONSUMER CREDIT ACT 1974. THE BALANCE DUE AS AT 23/7/9 ON SAID ACCOUNT IS £....

 

Where do I start. I have 20 days left

 

Ok if you have acknowledged the claim (you get 14+14+3 days to issue defence) then I would personally ask for a copy of the agreement, plus the default notice they say they are suing you for under a CPR 31.14 request. At the very least this would clarify which account they are attempting to claim on.

 

CPR 31.14 details here

S.

Edited by the_shadow
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Guest dvdriley

thanks. I will sent cpr request. What if they do not respond to it and it gets near to cut off date?

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thanks. I will sent cpr request. What if they do not respond to it and it gets near to cut off date?

 

You can either with help from this site put in an embarrassed defence and the judge should force them to disclose or a particularised defence with what info you have now...

 

S.

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also can i ask the case to be transfered to my local court and is this the time to do it/.

 

When you send in your defence it automatically gets moved to your local court as you are a LiP and they are a company.

 

S.

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Guest dvdriley

I need to put a defence by fax by tommorrow in respect of a cc debt over £5k. Bank failed to responde to cpr request. I cant seem to find an embarrassed defence template,

 

I waited till the last minute in the hope that Sainsburys would respond

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Eeek!!:eek::eek:

 

 

  • I, ********** of ************** make this statement as my defence to the claim brought by **************
  • The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  • No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information under CPR 31.14 on xx/xx/xxxx, none has been forth coming and as a result I cannot plead in defence to the claim
  • Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
  • Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

I believe that the facts stated in this witness statement are true.

Signed ________________________

Dated ________________________

 

 

Need to add in the date of your request.

 

S.

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  • 2 weeks later...
Guest dvdriley

I have had confirmation from court that my embarressed defence was received and Sainsbury's now have 28 days to respond

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Guest dvdriley

Well, their next move was .........

 

 

To send me a letter saying they had obtained judgement against me and if i do not make payment as per the terms of the judgement they will send a bailiff to seize goods

 

Now how can that be when I received a letter from court confirming receipt of my defence. They sent it to Sainsbuys who have 28 days to respond. The 28 days is up on 29th of Sept. Should I witre to sainsburys and tell them they have not got judgement or wait and hopefully get the case stayed?

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It's probably worded a little more cleverly than that with an 'if' , 'should','could' or 'but' to mislead you. Keep it close to hand.

 

It's not worth writing to them and telling them anything that they should already know. Wait for the reply and then include it in your defence if needed, and then send copies to the court and the claimant.

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Well, their next move was .........

 

 

To send me a letter saying they had obtained judgement against me and if i do not make payment as per the terms of the judgement they will send a bailiff to seize goods

 

Now how can that be when I received a letter from court confirming receipt of my defence. They sent it to Sainsbuys who have 28 days to respond. The 28 days is up on 29th of Sept. Should I witre to sainsburys and tell them they have not got judgement or wait and hopefully get the case stayed?

 

Personally I'd contact the court and ensure that for some freaky reason judgement by default has NOT been obtained. Its then a choice either to share their mistake and warn them or to keep it under the hat for further down the line.

 

S.

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hi dvd,

as shadow says a call to confirm that judgment hasnt been made is essential given that you had potential time issues with your defence, even with court confirmation!

if this is so, id be tempted personally to keep this under my hat and add it to the dossier of iffy/confused CA(s), dodgy DN and lack of response to documentation rqsts,etc to stick under the DJs nose at any hearing whilst making the most of their lack of respect for the overriding objective of the CPR. wont win your case on its own but may put the DJ onside a bit.

then if judgment has not been granted i would report them to every relevant regulatory body known to man.

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Guest dvdriley

ok, I spoke to the court, they tried to register judgement but it was refused. Presumably they have not realised this. They have til 30th Sept to reply to my defence. If they dont I can have the case struck out. What gorunds could Sainsburys have for trying to enlist the case again if it is struck out?

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ok, I spoke to the court, they tried to register judgement but it was refused. Presumably they have not realised this. They have til 30th Sept to reply to my defence. If they dont I can have the case struck out. What gorunds could Sainsburys have for trying to enlist the case again if it is struck out?

 

Shouldnt be any if memory serves me correct...against CPR to bring proceedings against a defendant if previously have answered the same proceedings.... you've filed a defence they either need to put up or discontinue I believe.

 

S.

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they can apply for the judgement to be set aside as they thought they had already got judgement against u in relation to the deafult judgement but any court action would need u to be informed so u could argue your side of the request.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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14 days normally unless u get a good judge.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 4 weeks later...
Guest dvdriley

Sainsburys now want a consent order for £20.00 if i discontinue case, they will waive £190 court fee and not enter judgement, which thewy have not. if i refuse they will show court that they have tried to resolve matter, despite the fsact that i have been trying to resolve it for 12 months. what do you think>

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