Shoomsmiths issued Claim form Help!

[hazyeyes]

Hi all

 

Been a while since I have been on here, had a baby things have been hectic and all that jazz! Anyway I have a problem..

 

Yesterday I received a claim form from the county court at Northampton, this is regarding a debt to RBS of just under £5000

 

I sent of a CCA and SAR last week and haven't heard anything and I am unsure what to do as I wish to check they have the correct credit agreement for the loan and also I sent in a SAR because I had a current account also and they have slapped on loads of charges due to a standing order they refused to let me cancel..

 

Could anyone advise me what to do? Basically I don't want to admit to any of the debt until I have all the relevant paperwork to work out 1: if the can in fact enforce the loan, 2: How much has been added in unfair charges!

 

This is my first experience of a claim form and to be frank I have no clue what to do with it!

 

Thanks in advance, if I have missed anything will try to update it as best as I can I have no scanner so can't easily scan in documents they have sent me

 

Lucy

[r&b]

hi hazy,

congrats on the new arrival btw.

can u type out the Particulars of Claim being vague with amounts etc. when was the loan taken out?

u will then need to use the MCOL password on the claim form to do ur Acknowledgment of Service online. u say u wish to defend all. that will give u a further 14 days in which to submit a defence in addition to the 14 for the AOS, which in total will give u 33 days (28 + 5 for service) from the date on the claim form in which to do this.

u have dun the CCA rqst and SAR (was this to regstd address of OC?) so thats a wait and see, but i believe you can now send a CPR31.14 request for disclosure as proceedings have begun. have a look here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

it may be prudent to give them 7 days in which to reply to this, due to the constraints of timing in regard to ur defence.

keep a close eye on the timeframe so u dont miss the deadlines.

ur defence will depend on what disclosure you get.

[hazyeyes]

hi hazy,

congrats on the new arrival btw.

can u type out the Particulars of Claim being vague with amounts etc. when was the loan taken out?

u will then need to use the MCOL password on the claim form to do ur Acknowledgment of Service online. u say u wish to defend all. that will give u a further 14 days in which to submit a defence in addition to the 14 for the AOS, which in total will give u 33 days (28 + 5 for service) from the date on the claim form in which to do this.

u have dun the CCA rqst and SAR (was this to regstd address of OC?) so thats a wait and see, but i believe you can now send a CPR31.14 request for disclosure as proceedings have begun. have a look here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

it may be prudent to give them 7 days in which to reply to this, due to the constraints of timing in regard to ur defence.

keep a close eye on the timeframe so u dont miss the deadlines.

ur defence will depend on what disclosure you get.

 

Hi r&b

 

thanks for the congrats, had a girl she is now approaching 7 months gone way to fast

 

Ok the particulars are as follows:

 

The loan was taken out roughly in 05 I think without finding the paperwork I am not exactly sure I will try and look it our later when I have more time as I have to nip out shortly!

 

Account Nos

******* 0.00

******* 0.00

******* 1000.00+

******* 3000.00+

******* -0.80

 

They have added £165.00 in charges court and solicitor fees

 

It is dated 2nd September, so I take it I have 14 days from that date to respond, so if I dispute all I will have another 14 days which I think is best as I have yet to recieve any information back from them regarding the CCA and SAR..

 

I did send it to shoosmiths yes as they are the only ones dealing with this now, I didn't send it registered because I sent in cheques (in my partners name to avoid any signature hoo haas) so once they are cashed I know they have received the requests..

 

Not sure what else to put, I will get back to you about the loan year when I return later on

 

Thanks

 

Lucy

[r&b]

Hi r&b

 

thanks for the congrats, had a girl she is now approaching 7 months gone way to fast

 

excellent...it doesnt slow down im afraid....n ive got lots..lol

 

Ok the particulars are as follows:

 

The loan was taken out roughly in 05 I think without finding the paperwork I am not exactly sure I will try and look it our later when I have more time as I have to nip out shortly!

 

Account Nos

******* 0.00

******* 0.00

******* 1000.00+

******* 3000.00+

******* -0.80

 

is that it? no mention of agreement, dates or anth?????

 

They have added £165.00 in charges court and solicitor fees

 

It is dated 2nd September, so I take it I have 14 days from that date to respond, so if I dispute all I will have another 14 days which I think is best as I have yet to recieve any information back from them regarding the CCA and SAR..

 

correct, so if my brain is in gear u have, once AOS submitted, until 5th Oct to submit a defence (best just before to be safe).

 

I did send it to shoosmiths yes as they are the only ones dealing with this now, I didn't send it registered because I sent in cheques (in my partners name to avoid any signature hoo haas) so once they are cashed I know they have received the requests..

 

ah, SAR shud go to the Original Creditors regstd address and send everything recd del!! not to worry see what they give u and get the CPR31.14 off agn recd del to the solicitors.

 

Not sure what else to put, I will get back to you about the loan year when I return later on

 

they should have that on the POC!!!

 

Thanks

 

Lucy

 

after that you just have to wait and keep an eye on your deadlines i think.

[hazyeyes]

after that you just have to wait and keep an eye on your deadlines i think.

I have actually sent previous stuff to RBS and they have completely ignored me, so hence why I sent it to shoosmiths, I didn't actually know you had to send the SAR to the original debtor hopefully shoosmiths will be forthcoming and supply me with all the details I have asked for..

 

There is NO mention on any of my paperwork from them or the court claim form agreement dates nothing just what I have posted to you..

 

POC forgive me but whats that? There is nothing like I said about any dates, just account numbers and the amount they say I owe to them!

 

I take it because I am unaware if they have the correct CCA and also how much in charges I go with No3: I intend to contest jurisdiction?

 

And then when I have all the paperwork I can work out how much if any I agree to pay and what I am actually contesting yes? And submit that in my defense..

 

Thanks

 

Lucy

[r&b]

sorry POC - Particulars of Claim.

i would imagine the more legal minded individuals on here would find those POC quite shocking.

it seems difficult for u to ask for disclosure or form any defence as they dont seem to state any case to answer.....

i would defend all in ur AOS and await any replies from them and some more comment from the site.

if u do get a chance to post up the claim form minus any personal dets it may be useful, photobucket.com is a favourite.

[hazyeyes]

Cool I will do that, there is nothing at all on the claim form appart from what I posted..

 

I am off to the site now to defend all and will await the response to the CCA and SAR

 

Thanks so much

 

I will try and take a photo of the document for you, and post it up later best I can do without a scanner lol

 

EDIT: In the POC it says this

 

The defendant held accounts as listed below with the claimant D failed to pay the sums due to C when demanded and the sums listed below remain outstanding

* what I posted*

C has complied as far as is necessary, with the pre-action conduct practice direction

 

Thats it the whole of the POC

Edited September 4, 2009 by hazyeyes

[hazyeyes]

Also just to be sure you say send of a CPR31.14 is there any template I can use for this?

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/197168-speedloan-claimform-claim-discontinued.html#post2139676

 

Would this one be OK?

[r&b]

Also just to be sure you say send of a CPR31.14 is there any template I can use for this?

 

Speedloan claimform **Claim Discontinued - WON!** - The Consumer Forums

 

Would this one be OK?

 

well as i said above it seems very difficult to ask for documentation in relation to the claim (which is what 31.14 does i believe) when there appears little substance to that claim.

i think it better to wait n see if u can get some more informed opinion as to how to react when the POC are soooooo vague. im hoping someone will be able to point u in the direction of getting it thrown out on that basis but im not in a position to offer that advice im afraid.

 

added: may be helpful for people to see the claim form if u can get it posted, photo or otherwise.

 

anyone care to comment?

Edited September 4, 2009 by r&b
added:

[bazaar]

If their claim is vague, then you should file an embarrassed defence.

Do you have proof that you sent RBS requests under SAR etc? IE, registered post?

Make sure you now send everything registered, because youll need this in court.

Try to get organised with your paperwork leading up to the claim.

(dont let the baby dribble on it:)).

[hazyeyes]

Ok I took a photo of it on my iphone and uploaded it hopefully you guys will be able to see enough, its not a bad photo saying its done on my phone. I have removed my addy and claim number etc...

 

http://i11.photobucket.com/albums/a183/fightstardotorg/claimform.jpg

 

What do you guys think?

 

Thanks

 

Lucy

[bazaar]

Its a little unclear, can you type what it says on the claim part, IE does it mention a contract or agreement?

Minus personal details of course

[hazyeyes]

I assume you mean the POC bit yes?

 

It says this in that:

 

The defendant (D) held accounts as listed below with the claimant © D failed to pay the sums due to C when demanded and the sums listed below remain outstanding

Account Number

******* 0.00

******* 0.00

******* 1000.00+

******* 3000.00+

******* -0.80

C has complied as far as is necessary, with the pre-action conduct practice direction

 

Mentions no contract or agreement just what I posted above... Only thing it states is the account numbers and amount they are claiming they are in debt

[r&b]

ok it may be best to send a CPR31.14 rqst as per the thread link i gave u above asking for the details of the claim, any agreements by which the accounts are regulated, how they come to the sums claimed, any Default Notice or Termination Notice, along with proof of service that would have been required to enable them to get the point of litigation, proof of demand of sums claimed, etc, etc. recd del as bazaar points out.

[hazyeyes]

Hey r&b

 

I have submitted the AOS online and will get the CPR31.14 written up and posted out today..

 

Is it OK for me to shout someone when I hear from them as I have no idea how to submit a defence on this.

 

Thanks for all your help its really appreciated

 

Lucy

[r&b]

Hey r&b

 

I have submitted the AOS online and will get the CPR31.14 written up and posted out today..

 

Is it OK for me to shout someone when I hear from them as I have no idea how to submit a defence on this.

 

Thanks for all your help its really appreciated

 

Lucy

 

hi lucy,

u will usually get pretty swift responses from the site so post up whatever reply you get, if any. if none there are numerous embarrassed defence templates. keep a very very close eye on the timeframes now and i would suggest to keep reading through the site for similar situations as you can learn an awful lot from others experience.

[hazyeyes]

I have posted of the CPR request by recorded delivery I wasn't sure about what to ask for as you mentioned their POC are very vague, so I just left it as agreements and statements, default notice etc..

 

I will see what I get back from them, I have a few weeks now so I guess its just sit and wait to see what they come back with, if anything (which to be honest I am hoping for lol)

 

When I hear anything I will be sure to post and let you guys know

 

Thanks for your help, couldn't of even started to do this without your guys help

 

Have a good day

 

Lucy

Edited September 7, 2009 by hazyeyes

[hazyeyes]

Also I forgot to mention is it normal in this process to receive a letter stating that I can pay a lump sum to end this now? I received one this morning from shoosmiths asking me to look into making a lump sum payment which they will agree with me to be reduced from the original amount if I can pay, they also said they will still take me to court if I offer installments.

 

So they will only stop it if I pay a lump to clear it, which I can't as I am currently still on maternity and only earn about £300 a month anyway because I only work part time..

[bazaar]

Normal BS threats from them, Pay us a lump sum we know you cant afford, and if you offer instalments we will take you to court because youve just admitted owing the money. they are now on notice that you want documents to prove they can claim off of you, so lets see what they have.

[hazyeyes]

Normal BS threats from them, Pay us a lump sum we know you cant afford, and if you offer instalments we will take you to court because youve just admitted owing the money. they are now on notice that you want documents to prove they can claim off of you, so lets see what they have.

 

I thought so, no intention of even acknowledging their letter I will file it with the rest and wait to see what they come back with..

[hazyeyes]

Hi all

 

Bit of an update, I have received a letter from RBS this morning stating they have received the SAR request..

 

They state this:

 

To enable us to progress your request, we require the following:

 

A signed letter addressed to the RBS requesting a DSA request

 

Under section 7 of the data Pro Act, I request all personal inmformation that the bank holds in relation to my accounts with RRS

 

Signed ..................... My Name

 

Says I can sign this form and send it back, now I never like to sign anything because if they don't hold my signature they will if I sign this..

 

Any advice on this?

 

Also it says within 40 days, I have to submit my defence by the 3rd October

 

Lucy

 

P.S They have cashed the cheques too!

[r&b]

send em a letter back saying they have seen fit to serve sensitive information, including court papers on you at that address so why is there now an issue? you could also print your name in a style very different from your normal sig so that it satisfies their request. notify them that the 40 days began on their receipt of the SAR, NOT from when they receive their petty game-playing response.

[bazaar]

Yep agree with R&B they are playing the same games as Barclays do. They really think they are being clever with this BS, the clock is ticking.

A letter with something like this:

There is no requirement in law that states you need my signature. 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.

I would be happy to collect the Data from my local branch.

Continued prevarication will be highlighted to court at the appropriate time.

[hazyeyes]

I thought that was the case no way am I signing anything at all, I will send them a letter back today thanks for the replies much appreciated..

 

I noticed something on the letter to, it says please be aware that it is not our practise to provide further copies of standard documents that you would have received as part of our normal course of buisness...

 

I seriously hope this doesn't mean bank statements as thats what I have paid for with the SAR isn't it!!!!!

 

Will wait and see what response I get back from them and will keep everyone updated

 

Lucy

 

P.S Sorry for the late response was out all day yesterday

[r&b]

I noticed something on the letter to, it says please be aware that it is not our practise to provide further copies of standard documents that you would have received as part of our normal course of buisness...

 

I seriously hope this doesn't mean bank statements as thats what I have paid for with the SAR isn't it!!!!!

 

excellent, so they have a divine right to ignore statute as well as the CPR and perhaps even court orders do they?

well if they dont provide them, they needn't bother trying to enforce it then!!! happy days;)

it takes a while Lucy but u get used to the drivel dished out from these... erm...places.

for the most part, if they had the correct docs u can bet ur life they would have decent copies in front of u by return post with a letter saying 'get out of that if u can!', so my advice would be to just ignore the rubbish n wait to see what u get.