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brian carter and co county court claim


debthead1
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URGENT

 

Please let me know if in a small claim court I quote a legal basis for the fact that they cannot provide me with proof that a default notice was sent to me. After all this time and as a result of my having, for the first time, quoted the consumer credit act, they have 'done some more investigating' and come up with the following in a letter dated 25 Sept 09:-

 

"Having conducted a further search of your account and our records, I am able to enclose a copy of the original default notice sent to you dated 6 October 08, together with a copy of the original statement of default sent to you on 9 Nov 08.

 

I also enclose a copy of a screen print of your account, which details that both a default notice and statement of default were issued to you. These records are generated once a default notice and statement of default are issued. If such notices are not issue, then these records would not have been kept. We are confident therefore that the notices were posted to your home address which you should have received.

 

A further note on your account indicates that you had a conversation with a Capital One associate on 9 November 09 (the same day the statement of default was issued but before you received it) that you had received certain letters regarding your account but that you would wait for the statement of default tobe received".

 

This is bogus. I made a telephone call as a result of my having received the statement of default to say I had not received any default notice. How would I have a telephone conversation on the same day as the date of the statement of default notice? I know I was being harassed with phone calls from call centres who said they were calling from places like India, Philipines, Montreal, etc. vast time differences. I find it very strange that they have suddenly come up with this after all this time. I took out a claim against them at the beginning of this year based on the lack of default notice.

 

Could anyone advise me what legal basis or CPR I can rely on at a small claims court on the point them not providing proof of sending default notice? Also, can I ask for a transcript of the telephone conversation I was supposed to have had on the same day as the date of the statement of default, providing me with a name and location of the person I am supposed to have spoken to.

 

They obviously don't want me as a customer any more and that is because (and they have admitted this) I have taken legal action against them (a credit card company), but being annoyed with me is not a defence.

 

The serving of the DN is key to this matter and in a small claims court can I insist on their proving proof of having sent it and if so on what basis? I am thinking of asking the judge on Wednesday to insist that they provide this proof of both the sending of the DN and of the conversation that is supposed to have taken place. In the alternative, I want to ask that they start the default process again.

 

Thank you.

 

thescorpion

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Can Cymruambyth please kindly tell me how I can access the site that I posted something on today asking for help with a hearing on Wednesday. I'm afraid that navigating this website is difficult. I would like to know if anyone has answered my posting. Thank you.

Edited by thescorpion
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Hi again, if you click on your name it will bring up your profile and you can click on any threads started by yourself. If you have not had any replies or want to get more people to look at your thread type in bump and this will put you back to the top again. I hope this helps, C

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