Tower capital court papers recieved

[mightyroyals]

hi i have just got home and opened a letter which is a claim form that has been done through money claim online.

 

the particulars say the amount owed has got costs to cover letters and emails sent and telephone calls along with interest and late payment fee as per the loan agreement they also say they sent a default notice to me to which there has been no response despite follow up e-mails and attempts to resolve by phone.

 

firstly i have not recieved a default notice but i am sure they have one they can make up also i have never had a phone call off these people so can they really charge me for these when i have never spoken to them??

 

also the loan reference is diffrent to the one on the agreement i have just looked at online.

 

the charges are now over 100 pounds more than what i borrowed what do i do any help is much appreciated as i am at my wits end what with christmas nearly here thanks

[robjam1969]

Firstly you need to acknowlege service within 14 days of date of service. You can do this on line. To avoid Xmas etc I would do just before the 14 days are up. You then get a further 14 days to prepare defence. In meantime you need to request disclosure of CPR info from tower by recorded delivery. 42man has a nice template for this. Might be an idea to move to legal forums where you will get help with a defence.

To be honest don't let it affect Xmas as it's not that bad a situation.

[mightyroyals]

hi thanks for the reply, what is a cpr??? sorry if i am being dumb and what would i be defending as i am no good at this type of thing thanks

[maroondevo52]

Thread moved to Legal Issues.

[robjam1969]

CPR is civil proceedure rules and they will have to provide all the documents they will rely on court. On the legal forum you will get advise on the enforceability of the credit agreement and the validity of any default notice.

 

You are defending your position - do tower have the correct paperwork to enforce this debt. Unless they follow the rules they could easily find the courts siding with you.

 

Read through some legal threads for an idea of how it works.

[vjohn82]

hi thanks for the reply, what is a cpr??? sorry if i am being dumb and what would i be defending as i am no good at this type of thing thanks

 

CPR is civil proceedure rules and they will have to provide all the documents they will rely on court. On the legal forum you will get advise on the enforceability of the credit agreement and the validity of any default notice.

 

You are defending your position - do tower have the correct paperwork to enforce this debt. Unless they follow the rules they could easily find the courts siding with you.

 

Read through some legal threads for an idea of how it works.

 

You'll be fine... as Rob says you need to do a little reading but this shouldn't ruin your Christmas.

 

If all goes well you might well be claiming money from them.

 

Here are your steps...

 

1) Acknowledge service with 14 days which gives you another 14 days to file a defence

 

2) Send a CPR letter requesting disclosure of EVERYTHING they have mentioned in their Particulars of Claim

 

3) Wait 7 days to see what they send back

 

4) If they send papers then you write up a defence based on those papers

 

5) If they don't send papers then you file something called an "embarassed defence"

 

With 4 & 5 I, and I'm sure others, will help you write one out (I'm currently in the same position you are in and have helped others)

 

So don't panic... lets get to work on it.

 

Have you got a scanner?

[vjohn82]

Send this RECORDED DELIVERY tommorrow

 

Your address

Date

 

 

Claimant’s Address

 

Claimant’s Reference/

Account Number:

 

County Court Reference:

 

 

CPR 31.16 Document Request

 

Dear Sir/Madam,

 

You have issued a claim via MCOL and I am therefore making a request under Civil Procedure Rule Part 31. I require all documents mentioned in the Particulars of Claim and documents which may materially affect my ability to mount a fully particularised defence.

 

I am entitled, under the provisions of the Civil Procedure Rules, to request this documentation under section 33 of the Supreme Court Act 1981 (c.54) and section 52 of the County Courts Act 1984 c.28:

 

1) Original copy of the credit agreement

2) Original copy of the Default Notice

3) The Notice of Assignment

4) The Deed of Assignment

5) Statements showing how the balance has been calculated

 

I am requesting this information as there may be;

 

a) discrepancies within the agreement which may leave it improperly executed;

b) discrepancies with the Default Notice to leave the account unlawfully terminated;

c) issues relating to the lawful assignment of the account;

d) a case of mis-sold Payment Protection Insurance (PPI) on the original account balance;

e) the addition of overcharges on the account and/or the addition of unlawful penalty charges;

I must stress that the request for a copy of the original credit agreement made in this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. In the event that you no longer have a copy of my signed agreement then please inform me in writing.

 

I look forward to your reply and would ask for a response by 4pm on the [insert date] which is 14 days from the date of this letter.

 

Yours faithfully,

 

[Name]

[mightyroyals]

thanks i will get that written up and sent out tomorrow recorded delivery many thanks mightyroyals

[vjohn82]

We will then see what they write back to you and then we can deal with the defence from there.

 

Make sure you acknowledge the claim and indicate that you are going to defend the case.

 

Have you got a scanner?

[mightyroyals]

hi

 

i have got a scanner but not sure if it works or not? also i looked on my bank statement and i have paid £50 to this lot already in September towards the debt so i dont know if that goes against me or not

[mightyroyals]

All sent off and done i guess its just a waiting game now

[mightyroyals]

just a quick update i have not recieved anything back as yet and i have done the acknowledgement of service online today the 23rd. how long do i get now to file my defence thanks mightyroyals

[mightyroyals]

ok so far i have not had any response from tower capital and they have received the letter as it is up on royal mail website as being received.

 

There is 8 days left till the 28 days are up to file my defence so what do i do now any help would be much appreciated many thanks

[vjohn82]

What you need to do is post up the POC and the Claimant's details in full (word for word).

 

Then I can write up an embarassed defence if you still have no docs.

[mightyroyals]

ok i will type it up now for you thank you

[mightyroyals]

Particulars of Claim

 

The claim is for #215.00 which is in respect of a loan, Reference 2009-*****, Which was due to be repaid on 30/10/2009 and includes costs to cover letters,e-mails sent ,and telephone calls made along with interest and late payment fee as per loan agreement dated 07/10/2009. Default notice was sent 17th November 2009 to which there has been no response despite follow up emails and attempts to resolve by telephone.

 

 

that is all the particulars of claim and word for word and in the big block like above too. is there anything else you need to know thanks in advance

[vjohn82]

Hmmm... odd PoC. Very poorly written.

 

For instance where is the Letter before Action? It's not referred to... they must give you notice. Vexatious litigation is frowned upon by the courts.

 

Ok... next question...

 

Do you have ANY documentation whatsoever for the debt?

[havinastella]

Just had a quick look at their website, very poor.

 

No contact address or phone number.

 

Should be easy to defend this one.

 

Jogs

[mightyroyals]

I have nothing as it was all done online and i have never recieved a letter from them and they want to charge me for them lol as for a default notice i have not got one of them either.

 

But i will double check in the morning and let you know tomorrow

 

thanks again

 

Mightyroyals

[mightyroyals]

hi as i thought no letters at all i cant find none

[mightyroyals]

can anyone help me on writting up and embarresed defence as i have not heard nothing back from my cpr request and i need to get my defence in by the middle of next week thanks

[vjohn82]

Give me half an hour... I will write one up for you

[vjohn82]

Have attached it... make sure you read it over... understand it... and fill in the required bits (proper name/address/county court/dates etc)

 

Any questions please ask...

 

Good luck

mightyroyals Embarassed Defence 02-01-10.doc

[mightyroyals]

Thanks for that all submitted just a waiting game now

 

Does anyone know how long it takes to hear back from the court???

[vjohn82]

From the submission of your defence? Not long really... but I would keep checking.

 

Make sure you submit a copy of the defence to the other side aswell!!!

 

They have the opportunity to respond to your points and then you will have the opportunity to issue a fully particularised defence if they decide to disclose further documentation.

 

So yes... just wait for the moment.