Allocation questionnaire

[Consumer dude]

Further to all this, the agreement that was sent and the agreement refered to in the claimants witness statement do not match. I am planning a letter to request a CCA agreement to what they refer to in there witness statement as it is this that they are refering to and to what they appear to be depending on. Two different dates of entering into an agreement and two different agreement numbers. Its getting better.

 

In the same said witness statement it is claimed that the defendant entered into a regulated credit agreement with the retail financial services limited. It is this agreement that the witness statement refers to was entered into in 1998 and to which the only agreement that has been sent is an agreement for a later date. In that same witness statement it states there is now exhibited hereto marked 'ARI' a copy of the said agreement. What do they mean by that ? Does any one know what they are going on about ?

[Consumer dude]

Bump..

[Consumer dude]

Further to all this, the agreement that was sent and the agreement refered to in the claimants witness statement do not match. I am planning a letter to request a CCA agreement to what they refer to in there witness statement as it is this that they are refering to and to what they appear to be depending on. Two different dates of entering into an agreement and two different agreement numbers. Its getting better.

 

In the same said witness statement it is claimed that the defendant entered into a regulated credit agreement with the retail financial services limited. It is this agreement that the witness statement refers to was entered into in 1998 and to which the only agreement that has been sent is an agreement for a later date. In that same witness statement it states there is now exhibited hereto marked 'ARI' a copy of the said agreement. What do they mean by that ? Does any one know what they are going on about ?

 

 

 

 

 

Just received another credit agreement but it is the same as before. I want them to send a copy of the orignal agreement as requested from 1998. What do I do now ?

[Consumer dude]

New hearing in for 27th/July.. This is where I'm up to on this. In claimants witness statement they mention an agreement that was entered into in 1998 however the only agreement received is from 2004. If the witness statement is a statement that they will be relying on as evidence then should they issue the agreement mentioned in that said witness statement if requested which is what I have done and to which they continue to send a later agreement from 2004. Another issue is about the PPI. I have requested details of how this part has been worked out because this was added to the loan but no reply. Should I request the same information again as if I'm starting from scratch. I have more time time to get it right now so here we go..

[Consumer dude]

New hearing in for 27th/July.. This is where I'm up to on this. In claimants witness statement they mention an agreement that was entered into in 1998 however the only agreement received is from 2004. If the witness statement is a statement that they will be relying on as evidence then should they issue the agreement mentioned in that said witness statement if requested which is what I have done and to which they continue to send a later agreement from 2004. Another issue is about the PPI. I have requested details of how this part has been worked out because this was added to the loan but no reply. Should I request the same information again as if I'm starting from scratch. I have more time time to get it right now so here we go..

 

 

 

 

Bump..

[caro]

Right, I've got an idea, although I believe someone else mentioned this sometime back. You're going to have to do the research on this CD because I can't give you step by step instructions on this and sharpish. A few questions.

 

1. Am I right in thinking that there is still an embarassed defence?

 

2. Has the CPR request been fully complied with?

 

3. Have you got a proper breakdown of how the amount of the claim has been calculated?

 

I'm thinking maybe should apply for the claim to be struck out.

 

This may (or may not) still require a hearing depending on the strength of your case, so your partner needs to get used to the idea that an appearance in court may well be necessary if she wishes to avoid a CCJ and quite possibly she'll owe more money due to costs if she fails to appear again.

 

If she's not prepared to do that, then frankly we could all be wasting our time. I'm sorry if that sounds harsh but it's a fact.

 

Can you remind me of the steps taken regarding PPI please.

[Consumer dude]

Right, I've got an idea, although I believe someone else mentioned this sometime back. You're going to have to do the research on this CD because I can't give you step by step instructions on this and sharpish. A few questions.

 

1. Am I right in thinking that there is still an embarassed defence?

 

2. Has the CPR request been fully complied with?

 

3. Have you got a proper breakdown of how the amount of the claim has been calculated?

 

I'm thinking maybe should apply for the claim to be struck out.

 

This may (or may not) still require a hearing depending on the strength of your case, so your partner needs to get used to the idea that an appearance in court may well be necessary if she wishes to avoid a CCJ and quite possibly she'll owe more money due to costs if she fails to appear again.

 

If she's not prepared to do that, then frankly we could all be wasting our time. I'm sorry if that sounds harsh but it's a fact.

 

Can you remind me of the steps taken regarding PPI please.

 

 

 

 

 

 

 

Hi Caro..

An embarassed defence in the sense that certain information has been requested wheter under civil procedure rules or otherwise and has not been fortcoming. I have not used the term embarassed but I am certainly embarassed by the issue thats a fact..

 

The CPR request that I had made has not been fully complied with in the sense of they have'nt replied for the request to the breakdown of charges, fee's including the PPI..

 

I have requested a full breakdown of how any charges have been worked out. I think I may need to make the PPI a more specfic enquiry/request. What do you thinK ? The waters have got a bit muddy, got a bit stressed with it but am getting back into again.

 

If you remember I made one request for information under any civil procedure rules but did'nt quote the legislation that it applied to but to been safe (as I thought ) I would send it again. No reply to either letter.

 

On one of my posts I metioned that in the witness statement from the claimant, they quote an agreement number that is not the same agreement number that was on the credit agreement sent. What should I do about that I wonder..

 

I feel lucky in some ways in that there is still no CCJ.. There must be a fair chance of the case being struck out so this does now seem the way to go.. Thank you Caro..

[**Tilly**]

Hi CD ,

 

Now as regards the claimants :

 

Furthermore , if the claimant is so incompetent as to get the agreement number wrong , I'd let them stew with that and bring it to the court's notice on the day .... won't endear them to the judge .

 

 

 

 

 

On one of my posts I metioned that in the witness statement from the claimant, they quote an agreement number that is not the same agreement number that was on the credit agreement sent. What should I do about that I wonder..

.

 

[Consumer dude]

 

 

 

 

 

 

 

What does that mean ? Have u been at the sherbert again ?

[Consumer dude]

They may have the correct agreement number but it has no bearing on the credit agreement that was sent. I could post up the credit agreement of course that they sent but the claim form to which this case is about does not state the agreement number on that agreement that was sent.. if any one follows me, and tilly please behave will you ? lol..

[**Tilly**]

 

What does that mean ? Have u been at the sherbert again ?

 

 

noo

 

was meant to have been a

[Consumer dude]

noo

 

was meant to have been a

 

 

 

 

 

 

Thats ok then..

[johnnymitch]

CD ......don't post up any agreement with an identifiable number of any sort on it ..... they have their spies on these forums .....

[johnnymitch]

btw ....nice to be quoted Tills ...... thank you !...

[caro]

I think that Tills was just pointing out that Johnny had answered the question about what to do about the wrong account number already Dude.

 

If they've got the account number wrong, it must raise the question about whether any of their witness statement is about your case.

 

Go through all the paperwork, and make a list of all the questions that need to be asked in court. It will make it easier for you and your OH if you plan ahead for the new court date.

 

Sometimes people have written down what they want to say on the day, and the judge has just read the piece of paper it's on if the defendant is worried about speaking in court. There may still be questions about it, but if you and your OH are prepared in advance it will be a much less worrying experience.

[Consumer dude]

I think that Tills was just pointing out that Johnny had answered the question about what to do about the wrong account number already Dude.

 

If they've got the account number wrong, it must raise the question about whether any of their witness statement is about your case.

 

Go through all the paperwork, and make a list of all the questions that need to be asked in court. It will make it easier for you and your OH if you plan ahead for the new court date.

 

Sometimes people have written down what they want to say on the day, and the judge has just read the piece of paper it's on if the defendant is worried about speaking in court. There may still be questions about it, but if you and your OH are prepared in advance it will be a much less worrying experience.

 

 

 

 

 

 

 

Thanks again for your advice. The account number on the claim form maybe right but when requesting the credit agreement in relation to it, it is met with a credit agreement being sent that has a different agreement number on it. I am deciding how to play this.. Either to request the information that is required (including the correct credit agreement) again under the civil procedure rules, or should I request a SAR and pay ten pounds. The latter might produce different results but I would'nt know for certain as I have'nt any documentation that was requested from the written request under the civil procedure rules.

 

Do you think there is any reason why they can't or won't produce the credit agreement that has the same number that is stated on the claim form ? Is it a certainty that if they can't produce a credit agreement that has the same credit agreement number as any of there paper work (including what's on the claim form then its unforcable until they do ?

 

I think what I have decided to do is make a SAR request and see what this throws up, however the rest of this weekend to ponder.

 

Any other views or ideas in the meantime would be greatly appreciated..

[caro]

I wouldn't waste your money on a SAR at this stage. Who knows what they would or wouldn't come up with.

 

The fact is that you have done a CPR request to get the informmation you need and it has not been complied with, so you tell the judge that. You don't need to ask them again IMHO. Let them keep digging themselves into a bigger hole.

[Consumer dude]

I wouldn't waste your money on a SAR at this stage. Who knows what they would or wouldn't come up with.

 

The fact is that you have done a CPR request to get the informmation you need and it has not been complied with, so you tell the judge that. You don't need to ask them again IMHO. Let them keep digging themselves into a bigger hole.

 

 

 

 

 

 

 

 

 

 

Thanks again.

I keep asking myself if I have overlooked anything or If I am making mistakes. The law is a funny thing is'nt it in the sense that what is right is'nt always so in a court of law as quite often its one ability how to communicate the correct thingd and the right time.

 

What I don't want to be doing is sitting back for the next eight weeks doing nothing. I assume any request for information under civil procedure rules will be the same as any request under SAR, and hopefully the result will be the same.

 

The other thing is that if you remember they offered a consent form to pay five pounds a week and were implying in there witness statement that this was accepted which it was'nt.

 

It may appear that I am going over this issue about different agreement numbers but I just need to claify something for certain and it is this.. One agreement number (the one on the claim form goes back to 1998 well thats what it says on the claim form anyway and to which the agreement has not been received and the other agreement number is from 2004 and to which is not methioned in this claim form or any other but to which an agreement has been received which was nice of them but has nothing the do with the current claim or has it ? The basis of there claim is an agreement that goes back to 1998 and regardless if that agreement was assigned or not, am I correct in thinking that unless they provide a regulated credit agreement for that then that agreement can not be inforced. I hope that I am clear how I have asked that particular question and look forward to claification on that..

[caro]

If your OH sends a SAR then she will be sent everything about her dealings with them, regardless of account numbers. With a CPR request you have to be specific about what you want.

 

I can see how a SAR might be helpful, although they have 40 days to comply. It might help explain the confusion so far. Do you know the new court date yet? I would suggest that you just ask for everything and don't be specific. The one on the ICO website is best IMO.

 

Your full address

 

The date

 

Dear Sir or Madam

 

(Your full name and address and any other details to help

identify you and the information you want.)

 

Please supply the information about me I am entitled to under

the Data Protection Act 1998 relating to (give details of the

information you want). (Please would you also tell me the logic

involved in any automated decisions you have made about

me.)

 

If you need any more information from me, or a fee, please let

me know as soon as possible.

 

If you do not normally deal with these requests, please pass

this letter to your Data Protection Officer or another appropriate

officer.

 

Yours faithfully

 

Edited May 30, 2010 by caro

[**Tilly**]

. Do you know the new court date yet?

 

 

New hearing in for 27th/July.. .

 

 

Gets coat

[caro]

 

Gets coat

 

Good idea.

 

Well at least it's over 40 days away so gives the claimant time to comply and gives you time to have a good look through what they send.

[Consumer dude]

Good idea.

 

Well at least it's over 40 days away so gives the claimant time to comply and gives you time to have a good look through what they send.

 

 

 

 

 

 

 

What do you mean, A SAR request, or perhaps a reminder that I'm still waiting for a response from the civil procedure request ?

[**Tilly**]

What do you mean, A SAR request,

 

With a CPR request you have to be specific what you ask them for

if you sar them they have to send everything all the data they hold;)

Send the one caro gave you (below)

 

Your full address

 

The date

 

Dear Sir or Madam

 

(Your full name and address and any other details to help

identify you and the information you want.)

 

Please supply the information about me I am entitled to under

the Data Protection Act 1998 relating to (give details of the

information you want). (Please would you also tell me the logic

involved in any automated decisions you have made about

me.)

 

If you need any more information from me, or a fee, please let

me know as soon as possible.

 

If you do not normally deal with these requests, please pass

this letter to your Data Protection Officer or another appropriate

officer.

 

Yours faithfully

[johnnymitch]

Hi CD ,

Further to Tilly's and Caro's info this is what you get in a SAR .............

 

What to ask for in a SAR (courtesy of Freakyleaky

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

 

S.A.R - (Subject Access Request) information, they have a legal obligation to provide ALL of the records they hold on you when you request it. This includes ALL of your accounts ALL of their internal notes and ALL of their correspondence ANYTHING with your name on it, and all for £10

 

They should send you anything with your name on it for any account of yours they have for a single Subject Access Request. This has nothing to do with how many accounts you hold with them its a request for all and any data they hold concerning you, this includes:

 

copies of correspondence

copies of internal notes,

copies of any telephone recordings or a transcript of the recording

copies of statements of account

and last but not least a copy of the terms and conditions agreed to by you governing the account.

 

Literally anything with your name on it or about you... and all for £10.00

 

Send anyone who has not fully complied with your Subject Access Request an LBA stating that if they don't comply you will be taking them to court under the data protection act .

Edited June 1, 2010 by johnnymitch
removing font markings ............

[Consumer dude]

Has any body else had a credit agreement with a company called retail financial services Limited.('RFS')

 

 

 

 

 

 

 

I thought I would update this thread with some stuff that may not be clear, as to a degree I have been frustrated as to know how to move forward with it.

 

It was this agreement with RFS that was in the particulars of claim which the claimant state as monies due under a regulated credit agreement made in writing under reference (then the agreement number)

 

Although the year of this agreement was not mentioned in the claim form, the witness statement recently produced by the claimant confirms the date at the end of August 1998. In that same witness statement it states that there is now exhibited hereto marked ''AR1'' a copy of the said agreement, so its with this I would appreciate some one explaining to me what are they refering to with that statement ?

 

What I understand is that the above agreement may have been refinanced in 2004 but without the paperwork I am unable at this stage to add further.

 

A request for the credit agreement from 1998 which forms part of the claim has been met with a credit agreement from 2004. There is no mention of this agreement from 2004 on either the claim form from the claimamt of the witness statement. If requested, does the claimant need to produce the agreement as stated in that claim ?

 

I am working on a letter today to the claimant requesting the documentation under the civil procedure rules that has already been requested but not yet received and to request this information within seven days.

 

In the meantime I would appreciate if any one is able to answer the specfic questions that I have posted today. Many thanks..