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    • you need to converse with us Drays...   i will guess you have NOT received a claimform pack from northants bulk but merely a letter of claim from BW legal.   you respond by following Post 4 here: do NOT use their reply pack. but you MUST reply. follow Exactly as post 4 i would suggest the reason as: the alleged debt concerns a dispute for failure to provide a reliable service ( put nothing else at this stage)       JCI buy these old telecom debts up because sadly so many people wet themselves thinking they are owed and JCI have magical powers...when they don't. the debt is subject to a valid dispute.   there are number threads here regarding them.. https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=JC Talk talk&oq=JC Talk talk&gs_l=partner-generic.3...801398.805115.0.805375.12.12.0.0.0.0.121.799.10j2.12.0.csems%2Cnrl%3D13...0.3728j1478984j13...1.34.partner-generic..12.0.0.zyRD3vNgDww
    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS   ******************************************************************************************************************************************************************   Dear Walker Dunn,   Apologies on the delayed reply unfortunately I had to attend to some personal matters that left me unable to reply to emails.   A few points I want to make regarding your previous letter.   You mention at the time of the inspection that the surface of the tiles was covered in moss and obscured the view of the tiles, we however have pictures from when we moved in showing this was not the case, whilst there is moss on the tiles it in no way obscured to the point that the material would have been assessed incorrectly and you can also see the curling of the edges to a large amount of the tiles and this is a characteristic of asbestos.   You state in the report that the roof was in satisfactory condition, however, if the roof was indeed slate that your report indicated this would have been correct however the curled edges of asbestos tiles indicate that they are fatigued and need replacing and that is not satisfactory condition, again the material was not identified correctly at the time of the report.   As for this point "You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor."   We had put away money to have this done, at the time as it was deemed slate in your report we didn't prioritise this as a repair, as you know the roof of the main property was in an awful state and was leaking into the bedroom this took priority along with having all the plumbing in the bathroom replaced as we discovered it was stuffed with kitchen roll under the bath to hide a set of leaking pipes that eventually made its way into the kitchen. We then also had a passing in the family that took us away from the local area for around a month and then my partners dad became homeless due to a gas explosion that destroyed his property so we had to accommodate him for a year and half so most work we had planned got put on hold. This doesn't confirm your comments in your report, this just allows you to assume it did as it wasn't done straight away however this was not the case. We have all the paperwork and invoices to show the above work was done to the main property along with pictures along with all the details surrounding the gas explosion.   We don't agree that part of a building being a habitable room of the main property makes a difference in our case, of course any structure on a property would affect the properties overall value when offers are being made as you make your offer based on the overall property and if you wanted to use the outbuilding for a specific reason you would be more inclined to go for a property that dose have an outbuilding over one that doesn't or if you want another example one with a swimming pool selling for a higher amount as that is considered a premium.   You then say "You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos."   We had the roofer come and take a look instructing him that we wanted two slate tiles replacing due to us believing at the time the roof was slate based on your report, he then mentioned from a simple visual inspection that they are in fact asbestos. He said he could replace them with two slate tiles but we would have dispose of the two slipped asbestos ones safely as he wasn't licensed to do so, they were removed in a safe manor to avoid cracking them due to how brittle they were.   We have at several times offered to have them tested for you if you would cover the costs of testing if they are in fact asbestos tiles but this simple question has still remained un answered, so for this reason we have now booked a test and this will be added to the costs we will be pursing if and when we are forced to go down the legal route along with all legal cost and the cost of disposal and replacement of the roof, as mentioned before I just wanted the disposal costs covered, but our solicitor has now advised us we should be entitled to have the full costs awarded so we are left in the same place financially along with the roof material matching the report.   Our next step would be to have the test results come back, and send those tests results if they come back as positive with the invoice and three quotes for removal of asbestos to yourselves to decide if you want to cover those costs or if you wish to continue with legal proceedings and as mentioned before if we have to issue legal proceedings we will be asking for all costs to be covered and a complaint to the RICS and Ombudsman will also be issued.   Unfortunately at this point we are rejecting your £500 settlement but if you decided you wanted to settle it without facing any potential legal action or complaint we would settle for the sum of £2000 and that will be the matter resolved, we believe this to be a fair amount as the testing has now cost us £150 and the mid range quote has come in at £1900.   Regards   Robert Atkins   ******************************************************************************************************************************************************************   Dear PIXeL_92 I refer to your email sent on 7th September. I am disappointed and dismayed that you have decided to not accept our very reasonable offer. We have now notified our legal team in preparation should you decide to proceed along the legal route. You have told us you are receiving legal advice, therefore I am sure that your solicitor will have explained to you that in matters of alleged negligence, if the court finds in your favour, they can only make an award on the basis of diminution of value and not the cost of repairs.   Therefore to quantify the diminution in value you would need to obtain a report from another surveying firm that identifies the value of your property three years ago with a slate roof to the outbuilding and the value of the property three years ago with an asbestos roof to the outbuilding. To do this effectively, the surveyor would have to identify comparable properties in the area with and without such roofs to be able to justify his findings. This would be no easy task.   To further complicate matters, the guidelines set out for the court are that they only award losses based upon diminution of value that exceed 5% of the property value, which is considered a reasonable margin of error for surveyor to work within. In this instance therefore, you would be required to identify a loss in excess of £6,000. This figure does not include your legal costs. Because this is a claim for alleged negligence and not for a debt, it is not a matter that can be dealt with by the Small Claims Court, it would have to be heard by a higher court. This would mean we would then be able to claim the costs of our barrister, solicitor and any experts for however many days the hearing lasts, plus you would have your own costs, if you were unable to prove your claim. Once you submit a claim, you are unable to then back out without incurring costs. I hope you find this advice helpful and I am sure that if you present this letter to your solicitor, he will be able to verify whether the above information is correct. We will await your response on how you intend to proceed. Yours sincerely, Colin Walker MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
    • So you did...should have gone to specsavers......so as this debt is in your name only only a restriction type K can be placed on your share of the equity.   You have still not explain why " you dont actually own any equity "...you can PM if you rather this was not divulged on the open topic....as this may be important and possibly stop any interim charge.....subject to your response.
    • unfortunately, under the statute of limitations Act, that has has been around for probably +100yrs, yes.
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
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Rashley V's Westcott


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Morning Guy's, need some serious help.

 

Had a phonecall from Wescot about three weeks ago regarding an old (NOT Statute Barred) Credit Card debt from MBNA. Told them I would CCA and statement request them, but don't get paid untilMonday so thought I'd leave it until then.

 

Guess what, this morning a Claim Form from Kingston Upon Hull drops through the door asking for £5.7K. No idea yet how much is charges or whether they have a completed CCA.

 

I'm sure I owe them some and would like to offer a payment plan, but given the fact that I have no statements and no CCA, unsure what next course of action is.

 

Could really do with yet more help !!!

 

Rashley

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Is this really a court document or a debt collection scare?

 

try comparing it with the real thing - there are a few posted on the site - or scan yours, remove personal details, load to photobucket or eqvt & post the link here.

 

Are MBNA the ones making the claim?

 

If this is a real claim, you will have to decide what to do.

 

You will have to acknowledge the claim by one date (probably saying that you contest the full amount) and supply a defense by a later date. Most likely you will have insufficient details & wont get all you need in time so you will use a general holding defense until you have.

 

How old is the card? Did you apply on paper or online? Is it personal or a business account?

 

Send a CCA request immediately (and a CPR request to see a copy of the actual signed document).

 

Do you remember receiving a default notice? Do you still have it? If not, include a request for the default notice in the CPR request.

 

You probably need a SAR as well - you need as much information as you can get. The SAR wont arrive in time to help with your defence but it may be useful later.

 

If it's not MBNA taking you to court, you should be asking for a copy of the letter of assignment.

 

Have a look through the legal issues forum as well as this one. There are a lot of successes so don't be despondent.

 

They need to have all of the documentation to win & it needs to be 100% correct. Most likely they won't be able to find all of it or it won't be correct.

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Looks pretty real to me !

 

Firstly, let me just say that I'm not trying to wriggle my way out of this. I do owe the guys some cash. However, I do NOT want to pay any unlawful charges. What I'd like to do is try and agree, either with Westcot or the court, a repayment schedule that suits both parties until the amount, excluding said charges, is cleared.

 

So, the question is how do I complete the court thingy, do I contest some of the amount, as yet unknown?

 

By the way, the original phonecall was from Westcot, Westcot are taking me to court. I think I rec's a letter before action.

 

Anything else required, let me know.

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If they take you to court you are stuffed unless you win completely

 

It will be all, plus court fees plus their costs or nothing

 

For them to win they need

 

A properly executed credit ageement with all of the appropriate terms

A valid default notice

A letter of assignment delivered recorded delivery by the original creditor

 

They are unlikely to have all that

 

Your best course is to contest this and win

 

Of course you can pay them something afterwards if you want to.

 

Acknowledge the claim before the date on the claim form saying that you will contest the fuill amount

 

Supply a defense by the second date

 

You will get the case transferred to a court near you if you are going to defend yourself

 

Read the rest of this thread & a few from the legal section.

 

Can you scan the claim form & post it here (block out persona details)

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If they take you to court you are stuffed unless you win completely

It will be all, plus court fees plus their costs or nothing

 

Not so....they can repay a £1 per month if need be, once all outgoings are taken into account ;)

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Thanks Guys,

 

No scanner I'm afraid, but definately NEVER had a deed of assignment delivered in any manner.

 

Basically, I know I owe, if I have to pay, I just wanna pay what I owe, NOT what they have decided to add on in charges. £1 a week sounds like too much to me !!! (Joking, although it does make you wonder why you bother working sometimes.)

 

I'll do a CPR request and post it up for review if that's OK.

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The first step is to ascertain whether or not this is a genuine court document. You say that you think it is, so assume for now that it is. It is much better to waste time replying to a court form you later find is false, than it is to ignore a form which turns out to be genuine.

 

You say the form has come from Hull? So, it wasn't issued through the Northampton Bulk Centre? In that case, there should have been documents, including the agreement itself, attached to the claim form. Were there?

 

What you need to do is acknowledge service first of all, to give yourself time to make the proper CPR requests and submit a defence.

 

If you have no scanner, can you type in the exact wording of the Particulars of Claim, leaving out any exact amounts which could positively identify you?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Westcot are well known for sending out a Notice of Court Action on blue paper exactly like a proper court document. The only way you can check this is to go online and type in the reference on the Northampton County Court Website. It seems a bit 'sudden' for them to start chasing this. They are not known to take people to court as they often don't have the proper paperwork and to do it like this is against the pre-action protocols.

 

We can help you write a solid defence against them.

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Westcot are well known for sending out a Notice of Court Action on blue paper exactly like a proper court document. The only way you can check this is to go online and type in the reference on the Northampton County Court Website. It seems a bit 'sudden' for them to start chasing this. They are not known to take people to court as they often don't have the proper paperwork and to do it like this is against the pre-action protocols.

 

We can help you write a solid defence against them.

 

Interesting. My only question here would be - If the papers were issued from Hull and not through Northampton, would they show up on the Northampton County Court Website?

 

I think you would need to get in touch with the issuing court to find out whether it is genuine.

 

Is there any tell-tale wording on the document, such as the aforementioned "Notice of Court Action"?

 

Did you receive a proper "Letter Before Action" from Westcot before this?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Sorry, meant to say Kingston on Hull (which again makes it dead supsicious to me as most bulk claims go via Northampton...). Still bunged up with swine flu...

 

They did a document like that to work for somebody who has never lived in our office and I sent it to the legal team, who reported them to the relevant authorities for 'faking a legal document'... sometimes they send out red documents as well.

 

Making a document look like a court form is against the OFTs guidelines.

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For some reason, I really hope I'm not being taken in. I'll find a scanner, but in the meantime, it's on Blue Paper and came with a response pack and notes. It has a stamp, rather than a seal where it says SEAL.

 

Came in a plain hand writen envelope (with wrong postcode and My dateof birth missing on the form)

 

POC says;

"1. The Claimants claim is for £xxxxx beingmonies owning (sic) to the Claimant due under a crediy agreement.

2. Under an agreement between MBNA and Wescot SPV Ltd, MBNA sold and assigned all rights, titles and interest, under this credit agreemnet to Westcot SPV ltd.

3. The sum of xxxx remains outstanding despite repeated demands.

 

and the claimant claims

 

1. £xxxx

2. Interest pursuant etc..."

 

Finally, there is a case number, how do I check this?

 

Thanks guys.

 

Sorry, forgot. Think I got an LBA, but so much been going on can't swear to ot.

 

Only wording at top of form is "Claim Form"

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Hi Rashley

Have you been served with a proper Default Notice? This should have been sent 1st Class recorded and signed for by you. You then have 14 dyas to rectify the sitation - sounds like they have committed fraud.

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I would telephone the court, quoting the case number, just to verify that this is a genuine claim.

 

If it is, then you need to send off the Acknowledgment of Service saying you will be defending all of the claim.

 

I'll read through the thread again to make sure we get the CPR letters right.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Afternoon chaps,

 

thanks for all the previous advice. I called the court today who confirmed that this is genuine.

 

Coud you peruse my CPR request and make sure it's OK? Thanks.

 

Should I send to to Nelson guest who are named as the solicitors and address for correspondence or Westcot SPV, the claimants?

 

Thanks (x 10 million)

Mr R Ashley.doc

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OK. I thought it sounded as though it was, but it was best to find out.

 

The first essential is to send out the Acknowledgment of Service. Don't forget to do that, whatever you do.

 

I will be back with a post about CPR letters in a few minutes.

 

Did any documents come attached to the claim form?

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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CPR 31.14 allows a defendant the right to inspect documents mentioned in a statement of case. The question is, what counts as a mention? Does it have to be a direct mention, or can it be indirect? The CPR are not specific here.

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

Going back to the PoC in this case, the credit agreement is clearly mentioned. The word "assigned" appears in the PoC, in the context of the account being sold to an agency, so I would treat this as the Notice of Assignment being specifically mentioned.

 

The use of the word "sold" is interesting, as it implies a default and termination. Can we therefore include these as part of a CPR 31.14 request?

 

In the absence of any clear direction, I would certainly do so as there is no potential downside. A request for these will be included in the Part 18 request anyway, and the court will need to order them to be disclosed if the case is to be fairly heard.

 

If I was fighting this, I would send the following -

 

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 acknowledgment 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.

 

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 documents 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 originals 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

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully,

 

xxxxxxxxxx

 

 

More to follow.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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The wider ranging but less powerful CPR 18 then needs to be used to attempt to gain other information which will be needed in ascertaining whether or not this claim has any justification. Examples are, statements which will be needed to calculate the amount of unfair charges or other excess monies which have been added without there being a contractural justification, the amount of insurance (possibly mis-sold PPI) added to the balance, and the evidence that this alleged debt was securitised in the UK.

 

PART 18 - FURTHER INFORMATION - Ministry of Justice

 

I would send this -

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. 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 *********.(AMEND TO THE COMPANY NAME)

b. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

c. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

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

e. Copies of statements for the entire duration of the credit agreement.

f. The Deed of Assignment

g. Evidence of securitisation in the UK

h. The termination

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

Don't expect these requests to be complied with, as the word "compliance" is not in the DCA dictionary. If they do not comply, they can be challenged again at the AQ stage, or, in the case of CPR 31.14, you can make an application to the court. These are the relevant links.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

Send CPR letters, or indeed any communications, to the address given as the "address for correspondence". Use Special Delivery if you can afford it.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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Thank you for all that !!

 

3 questions;

 

I never requested a CCA formally, just in a phonecall. Take that bit out ?

 

Send BOTH Letters to Neslon Guest?

 

Finally, I'm a kinda pessimistic guy (years of being beaten by the big companies I suppose), What, if any, is the downside of filing a defence. I know I owe them some money but I also recognise that some of it is made up of unlawul charges. What is the courts view on defending a partially valid claim?

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If you didn't make a formal CCA request, I would take this bit out -

 

"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."

 

Yes, send both letters to the address for correspondence.

 

There are no negative consequences for filing a defence, as a defence can only refute what is contained in the Particulars of Claim. At this stage you have no paperwork, so your only sensible course of action is to submit a holding defence and try to obtain the paperwork necessary to determine whether or not there is any debt, and, if so, whether or not that debt can be enforced through the courts.

 

If there are unlawful charges on the account statements, that is likely to mean that any default notice issued was inaccurate. As the account has now been terminated, that would leave the creditor unable to claim for the balance, and only entitled to any arrears.

 

There may be opportunities for negotiation as the case progresses. It is far too early to say at this stage.

 

SH

All opinions of ScabHunter are offered in good faith and believed to be accurate and true. Please note, though, that I have no legal training and am human like the rest of us (except the DCA trolls).

 

If you have received court papers, PLEASE POST EARLY. We can help, but only if we are within the timescales.

 

I am happy to receive PMs (and friendship requests!), but if you want me to look at your thread please leave a link to it.

 

If I have been helpful, please feel free to click the old scales!

 

____________________________________________________

 

LIGHT RELIEF - SCABHUNTER STYLE

 

A reply to a DCA troll with a limited vocabulary

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-199.html#post1840093

 

A template letter accepting a full and final settlement

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/104668-cabot-windywoo-4.html#post1813490

 

A reply to ARE letter dated 13th November 20088

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172657-mbna-letter-asking-me.html#post1863523

 

A reply to a naughty DCA suggesting that the alleged debtor was ignoring the poor dears, and promising a nice social visit

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/167422-help-needed-re-letters-3.html#post1850119

 

 

 

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