Me v Tesco/Incasso - Appeal in process

[costa12]

Hi All,

 

I have been in a DMP with Payplan since June this year. Made all payments on time and no significant hassle from any of my creditors except - Tesco. I took out a loan with them in October 2008. At the time I was in a very well paid job and so the loan was for £25,000. However, like many other people who use this forum, my circumstances changed for the worse. The original monthly payment to Tesco was about £400, my reduced payment with Payplan is £260 per month. I believe this to be a reasonable amount!

 

Got the usual letters from Tesco and Triton. Even spoke to Tesco. I've also spoken to Payplan and let them know the facts.

 

Account has now been passed to those 'lovely people' at Incasso. Received a letter from them towards the end of November demanding full payment of outstanding amount of loan, £30,000+. Informed Payplan, but also thought it was time to sort the situation myself.

 

CCA'd Incasso on 30th November. Tracked the special delivery and they signed for letter on 1st December. No news until today. Low and behold no CCA just a County Court Claim (Northampton). Having read many threads on this forum it did not come as any surprise to receive this 'joyous festive news'.

 

I believe I now have to achnowledge the claim form. What should be my next actions? I am determined that these shysters are not going to get the better of me!

[costa12]

Hi M,

 

Thanks for your prompt reply. All help will be much appreciated. The POC is for £30,000+. I'll post all other info requested in the a.m. I am able to acknowledge on line. Also I've some idea about the CPR's you mentioned. However, will need a little help with wording. Also not sure about the 'embaressed' defence. I have thought about leaving Payplan. I feel I need to be in control of my financial affairs, and not rely on a 3rd party.

 

Thanks again.

[costa12]

Have scanned POC. What is the best way to attach to post for people to view?

[costa12]

Here is the POC.

 

 

 

Hopefully it will work!

 

Not had time yet to acknowledge claim. Will do so tomorrow online. Is there anything else I need to know about this procedure before I do it?

 

Many thanks.

Edited December 19, 2009 by maroondevo52
Removed poc

[costa12]

Hi M,

 

Edited scan as you recommended. New link below.

 

http://i968.photobucket.com/albums/ae163/neverist_photos/claim.jpg

 

I'd not removed anything from their claim section until you just told me.

 

The first scan was their original copy.

 

Costa.

[costa12]

Hi M,

 

I've got DN etc. filed away. I'll dig them out and post in the a.m. if ok.

 

Thanks again.

 

Costa

[costa12]

Thanks for the interest GirlAloud. I am sure there will be more to follow.

 

Posted below is link to DN.

 

http://i968.photobucket.com/albums/ae163/neverist_photos/DN1.jpg

 

http://i968.photobucket.com/albums/ae163/neverist_photos/DN2.jpg

 

Any help or views on the DN will be much appreciated.

 

Costa.

[costa12]

Sorry M did not keep envelope. However, since I started reading the threads on CAG I now see the relevance of keeping the envelopes!

 

Costa

[costa12]

Hi All,

 

Just a quick question on the AOS. The acknowledgement has to be submitted within 14 days of when? Is that 14 days after the date the claim was lodged with the cc, in my case 14th December, or is it within 14 days after I received the claim form, that was on 18th December?

 

Further to the CPR requests, I am about to draft the letters following the templates provided by M. Which company details should I put on them? Should it be Tesco, who the loan agreement was with, or should it be Incasso, who have filed the claim? Also, what is the exact timescale to post them?

 

Thanks once again for the assistance. Also, MandM, been reading your Egg thread. It makes interesting reading.

 

Costa

[costa12]

Hi M,

 

Thanks for info. After I posted I thought to look at notes with the cc. It is 14 days from issue, plus 5 days for post. It gives me until 2nd Jan. However, it will be done well before that!

 

Costa

[costa12]

Hi

 

Just been reading a different forum concerning invalid default notices and was interested to see some info on the time periods required to settle arrears etc. This takes me back to MandM's point about the time period afforded to me on the DN issued by Tesco. I believe that a DN is deemed to be served after two working days, the 25th September (the day the DN was issued) was a Friday, therefore Sat and Sun do not count. Take Mon and Tues to allow for postage and so the first day of the 14 day period starts on the Wednesday 30th September. They've undercut me on time due to the latest payment date being 12th October.

 

Am I correct in this thinking? And if this is correct does it add any weight to my defence etc?

 

One last question, under which Act and section must DNs be issued?

 

Thanks

 

Costa

[costa12]

Hi M,

 

Not had a termination, or not that I know of. Will check the file in the morning. Thanks for the section of the CCA. Shall have a read of that.

 

Costa

[costa12]

Checked the filed paperwork this morning and found no termination letter or any reference to termination in any of the other letters I have from Tesco or Incasso.

 

Will probably need that link you mentioned M.

 

Cheers, Costa

[costa12]

Hi All,

 

Hope everyone is enjoying the festive period and I'd like to take this opportunity to wish everyone on CAG a very Happy 2010 .

 

Moving on to other matters. I have just done the AOS online and printed off the completed form for my records. I said that I would be defending all of the claim. So what is my next step/steps? I realise that the AOS extends the time period for me to submit my defence. Which by my calculations takes me upto 16th January. So is it now the time to send the CPR letters? If so I'll get the ones I have already drafted posted here for the forum experts to check over.

 

Best wishes,

 

Costa

[costa12]

Hi M,

 

Thanks for the valuable info one again. Had a quick browse of the thread you mentioned. Will have a more in depth look later. Thanks again.

 

Costa

[costa12]

Hi M,

 

Had a more in depth read of Pumpy's thread. Certainly see parallels with my situation and I have taken on board all the relevant info in the posts.

 

Returning to my thread. I am about to draft my CPR letters and I need a bit of help with the CPR 31.14 letter. The letter is requesting that the Claimant produces true copies of all the documentation used to support their claim and that it is the documents mentioned in the POC. Well if you look back to the link to my POC, no specific documents are mentioned ie. 'the claimants claim is in respect of monies due pursuant to an account maintained with the claimant'.

 

When drafting the letter, which documants should I request from them?

 

When is the best time to send the letters? I believe the cut off point for the AOS was 2nd January and having now done the AOS I calculate that my defence must be submitted by 16th January.

 

All help will be much appreciated as always.

 

Costa

[costa12]

Hi M,

 

I've posted my CPR 31.14 draft letter below. Any comments welcome. I'll send the CPR 18 by recorded delivery on Tuesday and aim to get the CPR 31.14 away on Saturday 2nd January or Monday 4th January at the latest.

 

Dear Sir,

 

Re: XXXXXXXXX v XXXXXX Case No:XXXXXXXX

CPR 31.14 Request

 

On 18th December 2009 I received the Claim Form in this case issued by you out of the Northampton 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.

 

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 upon which the claimants case relies upon. 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 default notice upon which the claimants case relies upon .

 

3. the termination notice upon which the claimants case relies upon .

 

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

XXXXXXXXXX (sign or print?)

Thanks for the help.

Costa

[costa12]

Thanks for the support Babybear:)

[costa12]

Thanks supasnooper.

 

Costa

[costa12]

Welcome Sheena.

 

Costa

[costa12]

Quick question.

 

Should I sign at the end of the CPR letters or just print my name? I have read differing opinions for signing or printing your name.

 

Costa

[costa12]

Hi All,

 

CPR letters posted special delivery today. Now it's time to start preparing my defence I suppose. It will be interesting to see what I get in reply from Incasso!

 

Been reading other threads, where Incasso are involved, and it seems that they like to pass on their 'dirty work' to other solicitors once the going starts to get a little bit tough ie. people sticking up for themselves and their rights.

 

Any help with my defence will be received with great appreciation.

 

Costa

[costa12]

Firsly, a Happy New Year to All.

 

I have drafted my 'embarrassed' defence and psted it below. CPR request letters were received by Incasso on 30th December, as tracked on Royal Mail. So clock is now running for them to reply!

 

In the Northampton County Court

Claim number XXXXXXXX

 

Between

 

 

XXXXXXXXX - Claimant

 

 

and

 

 

 

 

XXXXXXXX - Defendant

 

 

 

 

 

 

 

Defence

 

1. I XXXXXXXX of XXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by XXXXXXXX.

 

2. Except where explicitly stated below the Defendant neither admits nor denies any of the assertions or claims made by the Claimant.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

4. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

d) A copy of any termination notice served under section 76 and/or section 98 of the CCA, on the alleged account, has not been served attached to the claim form.

 

e) A copy of any notice of assignment compliant with the provisions of the Law of Property Act 1925, on the alleged account and proof of original service of said assignment to the defendant, has not been served attached to the claim form.

 

f) The defendant requested information referred in the claim under CPR 18 & CPR 31.14 from the claimant by Royal Mail Special Delivery. The request was received by the claimant on the 30th December 2009, compliance with the requests has now expired. The defendant wishes to make the court aware that the claimant is trying to frustrate proceedings and denying the defendant an opportunity to file a defence and counter claim.

 

5. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof.

 

6. I respectfully request the courts permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim.

 

I respectfully request that the court consider striking out the claim under CPR 3.4.2(a) because it is not fully particularized nor offers any legal cause of action.

 

I respectfully request that the court consider striking out the claim under CPR 3.4.2© because, in light of the failure to respond to both CPR 31.14 & 18 requests, the Claimant is unable to substantiate their claim with documentary evidence.

 

Statement of Truth

 

 

I XXXXXXXX, believe the above statement to be true and factual

 

 

Signed .....................

 

Date

 

Any comments will be helpful. I also realise that if Incasso provide the information as requested my defence will have to be amended to reflect this, any help with amendments would be appreciated.

 

Costa

[costa12]

Hi All,

 

Any comments on my defence would be appreciated. Cut off point for submitting defence (which I believe can be done online) is 16th January. Obviously what I finally submit depends on what information Incasso supply me with.

 

On a different note - I am now seriously considering leaving my DMP with Payplan and starting my own. Feel a lot more confident in doing this after reading other threads and the advice people give on self-managed DMPs.

 

If I do proceed I will post each case separately.

 

Thanks,

 

Costa

[costa12]

Bump!