Pumpytums goes to Northampton Help Please!

[pumpytums]

Hi everyone,

I have received my first Court claim, the amount is just under £5000.

 

The particulars of the claim are as follows :-

 

The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated xx/xx/xx and assigned to the claimant. The agreement and/or associated agreements are regulated by the consumer credit act 1974. The defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the claimant and /or assignor.

 

and the claimant claims:-

 

1. XXXXX.XX

2. Interest pursuant to section 69 county court act (1984) at a rate of 8.000% per annum from xx/xx/xx to xx/xx/xx of xx.xx and thereafter at a daily rate of x.xx to date of judgment or sooner payment.

 

The amount claimed includes the interest and a court fee.

 

Ok a bit of background the agreement is before the 2007 cutoff and it appears the CCA is enforceable. The account was sold to a DCA, the CCA was requested and received (late) from the DCA. The CCA refers to documents that have never been received, I then wrote to them saying the account was in dispute due to the missing documents. I wrote to the DCA about the missing documents they wrote back saying that they had now complied with the CCA as they had sent all they had. The T&C have never arrived.

 

The original creditor has also never sent the documents I requested under my SAR. A letter was sent to them LBA requesting the documents, nothing has arrived.

 

The DCA was fully aware of the fact that no SAR can been received.I even wrote to them saying that I would like to come to a payment arrangement once I was able to work out the unlawful charges.

 

I have copies of all letter from the DCA and ones I sent recorded delivery.

 

 

What do I need to do first is it safe to discuss the N1CPC here? Because I have a few observations.

 

Can someone help please

 

 

Pumpytums

Edited December 2, 2009 by pumpytums

[MandM]

Hi Pumpy,

 

P.S just noticed this is in the wrong area should I delete it and put in legal section?

Post the above info in a post and hit the red triangle. A mod will move you i'm sure.

 

Get the AOS back first, get yourself another 2 weeks.

 

MandM

[pumpytums]

Hi Pumpy,

 

Post the above info in a post and hit the red triangle. A mod will move you i'm sure.

 

Get the AOS back first, get yourself another 2 weeks.

 

MandM

 

 

Hi M&M,

do I just log onto the moneyclaim site?

[MandM]

Yes, can be done online.

 

M

[MandM]

Does this relate to your other thread which i've just subbed to?

[MARTIN3030]

Moved here as requested.

[42man]

First thing to do is to acknowledge receipt of the claim form within 14 days of the date on the claim form, if you wish to defend all then state that, then you have a further 14+3 days in which to submit a defence...although at this stage it might be too early. First things first, read this very carefully and edit as required, and send recorded delivery to the opposing solicitors. In line with the letter below you might like to read this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

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 acknowledgement 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][delete if no such request was delivered]

 

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 / the] document(s) 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 original(s) 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*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

[pumpytums]

Thanks all for your quick responses. (Cheers Martin)

 

Hi 42man, the POC only mentions agreement and/or associated agreements, so what should I ask for just the agreement (ie CCA)?. The other documents are not mentioned (ie default,assignment). Also should they send all documents referenced in the agreement or do I need to bring this to their attention?

 

Sorry if this sounds a bit thick, new ground to me.

 

Pumpytums

[42man]

These are your POC's

 

The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated xx/xx/xx and assigned to the claimant. The agreement and/or associated agreements are regulated by the consumer credit act 1974. The defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the claimant and /or assignor.

 

These are highlighted in the CPR31.14 letter...these are what you are ordering them to produce.....and leave in the termination too...AND you can add statements for the duration of the agreement/s too..

[hungrybear]

Still think its best to throw a CPR 18 in as well, then they have no wriggle room:

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 18

 

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.

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

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.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).

e. 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.

f. 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.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

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

 

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).

 

Send by Recorded Delivery.

[42man]

Yup send in both for good measure.....

[MandM]

Looks like things are warming up then

 

Great advice - will using plenty from this thread i reckon

 

M

[pumpytums]

Thanks for all your help,

I feel much better now, letters will be away very shortly.

 

Off topic I know but registered mail has anyone had things delivered and not signed for? Over the past few month I have had 2 letters delivered (I have received responses) but there is no proof of receipt. So basically no better than 1st class. Nothing to do with this case may I add.

 

Thanks again

 

Pumpytums

[42man]

By sending it recorded demonstrates that you have made more than a reasonable attempt to get it to the other party....just keep your receipt and copies of letters...

[pumpytums]

Hi,

just a quick update my documents have gone and checking the online tracking (Special delivery so no mistakes) the following message is displayed "xxxxxxxhas reached its PO Box and is awaiting collection/delivery.". I'm just a bit worried that they will drag their feet collecting it and I will have no time for a defence. Especially with Christmas looming into view, they must time these things on purpose.

 

If I'm unable to file a defence due to no documents, is that a defence in its self. I don't want these parasites to win on a technicality.

 

Thanks

 

Pumpytums

[42man]

Don't get anxious or beat yourself up about it....you have made MORE than a reasonable effort......

[pumpytums]

Thanks 42man.

 

Thanks again for all your help. I shall ignore it and await the postman with baited breath.

 

Cheers

 

Pumpytums

[hungrybear]

Hi,

just a quick update my documents have gone and checking the online tracking (Special delivery so no mistakes) the following message is displayed "xxxxxxxhas reached its PO Box and is awaiting collection/delivery.". I'm just a bit worried that they will drag their feet collecting it and I will have no time for a defence. Especially with Christmas looming into view, they must time these things on purpose.

 

If I'm unable to file a defence due to no documents, is that a defence in its self. I don't want these parasites to win on a technicality.

 

Thanks

 

Pumpytums

 

 

Right, they gave a PO Box as the address - it is their responsibility to pick up from it in a timely manner. I would take a screen shot of it being in the PO Box now. As far as I am concerned under the Interpretations Act it is delivered now to their stipulated place of business.

 

If they do not reply effectively or at all to the CPR requests then you have the right to put in a holding / embarrassed defence because you are unable to 'plead effectively or at all' on the information you have to hand.

 

If it were me I would get such a defense ready and if you have no reply or documents by the day before the defence is due in then put that in.

[pumpytums]

Thanks hungry,

oddly I have their post box address, the post must be redirected from the claim address to that as well interesting.

 

Pumpytums

[pumpytums]

Hi everyone,

the letter was safely delivered and I have proof of delivery.

 

On a side not I have just received a letter from the original owner ref my SAR. I requested the information at the start of October, strangely I had to send a letter before action to get anything moving.

 

I had two alleged accounts with the company. In the covering letter they have stated that they only need to send 6 years worth of statements I believe this is incorrect shouldn't it be all information held? Also they have only sent one of the two accounts, the data for the one I actually need is still missing. They made no reference to this account in the letter.

 

Do company's play silly buggers like this?

 

I have now found the full paper trail from the new buyer, looks like they were only ever interested in going for a charging order. I asked for my default prior to claim, also missing T&C I even asked them to forward details so I could make token payments nothing was ever received or simply ignored in followup letters.

 

The clock is now ticking on the CPR 31.14, documents need to be with me by the end of the week.

 

If I receive no documents in relation to the CPR 31.14 and then nothing to the CPR18 do I file an embarrassed defence?

 

Also can the new owner add charges to the alleged defaulted amount prior to the claim?

 

Thanks

 

Pumpytums

[hungrybear]

pumpy,

 

yes they do play silly buggers as you put it in sars, write back with explicit instructions. Some will send what they can get easy and hope that's enough to fob you off

 

yes, no documents the holding defence. Have you got on ewritten? if not do it now!

[pumpytums]

pumpy,

 

yes they do play silly buggers as you put it in sars, write back with explicit instructions. Some will send what they can get easy and hope that's enough to fob you off

 

yes, no documents the holding defence. Have you got on ewritten? if not do it now!

 

 

Hi Hungry,

I'm sorry I don't understand the last part "Have you got on ewritten?"??

 

 

Thanks

 

Pumpytums

[MandM]

Hi Hungry,

I'm sorry I don't understand the last part "Have you got on ewritten?"??

 

 

Thanks

 

Pumpytums

 

I think HB is saying Have you got one written? as in do you have a holding defence ready to go?

 

Unfortunately, HungryBear is typing with paws, and this can be a problem! My problem is fat fingers which is my excuse for typos :-D:-D

 

If you need a defence we can do you one,

 

Hope you're well,

 

M

[hungrybear]

I think HB is saying Have you got one written? as in do you have a holding defence ready to go?

 

Unfortunately, HungryBear is typing with paws, and this can be a problem! My problem is fat fingers which is my excuse for typos :-D:-D

 

If you need a defence we can do you one,

 

Hope you're well,

 

M

 

yes to all that:D although we'll help you write a defence not do it for you

[MandM]

yes to all that:D although we'll help you write a defence not do it for you

 

Corrected

 

M