**urgent Help Please To Build A Defence**

[wycombe]

If you have already submitted CPR requests for information and received nothing back - and can prove you have sent them with Recorded Delivery receipts (or Special Delivery) and proof of delivery then you cannot produce a defence as the claimant has not provided evidence of his claim that he is relying on in court. A short 'embarassed' defence? - Pointing this out with evidence of the SAr's request made.

[joski34]

I have submitted the CPR requests and I have kept proof of delivery...I will give them the 7 days to respond..in the meantime I will also send an SAR to them..I will also have a look on embarassed defence on here and see what that means, a week has passed already and the slightest thing makes me panic!!

[Guest]

I have submitted the CPR requests and I have kept proof of delivery...I will give them the 7 days to respond..in the meantime I will also send an SAR to them..I will also have a look on embarassed defence on here and see what that means, a week has passed already and the slightest thing makes me panic!!

 

did you do a cpr request that includes specifically their 'records' re the alleged settlement 'discussion'?

[joski34]

the cpr I sent them is on post no 7, it asks for a information on the original agreement, default notice things like that.....it does not ask for those things you suggested...so would you send an SAR now?

[joski34]

do I need to send an SAR tomorrow? thanks guys..

[Guest]

is this the thread you refer to in your OP? http://www.consumeractiongroup.co.uk/forum/legal-issues/256724-aplins-solicitors-charging-order.html

[joski34]

yes that's right.

[blueboy987]

Did they give any indication as to who they are alleging you had the conversation with regarding a settlement offer? It's possible it was a debt collection agency rather than the original creditor, in which case it would probably be wise to send a SAR to both. Maybe have a check back through any paper work you have to see who was chasing you around that time.

 

I reckon its always well worth sending the SAR in addition to other requests - you never know what information will show in it which could be very useful further down the line.

[joski34]

there seem to be lots of people involved in this one they must just be passing it around..first it was credit resource solutions, then a company called DCL now its Aplins solicitors who have brought the CC summons, I wrote back to Aplins with a Statute Barred letter after the last letter threatening court, this must have crossed with the CC papers..so I got a letter back from DCL saying I discussed it with them in 2005...there seems to be 2 account numbers they are referring to in the letters one says one then further down the line its another!!!

 

Where I am at so far is ive sent the CPR request last week, I will send the SAR today then wait to hear?

 

Or should I be submiiting my defence as Statute Barred or should I wait ??

 

Thanks guys.

[blueboy987]

You haven't posted the Particulars Of Claim, but assuming it is the standard vague POC that most debt collectors use then you should be submitting a standard defence with the addition of the statute barred statement. You should be able to find the standard defence (claim is vague, documents referred to not supplied, no case to answer etc) pretty easily if you check the forums.

 

I'm no expert, but I think simply using the statute barred argument in your defence is a bit dangerous as if they show it isn't then that's your whole defence gone. Hence using the standard defence as well.

 

Send the SAR but it needs to go to the original creditor, not the solicitors and not any of the debt collection agencies. But its possible the contact won't show up if it was made by someone other than the original creditor - not much you can do about that though.

 

There is no reason to submit your defence immediately and it is often better to leave it as late as possible (without missing the deadline). By delaying you might receive some useful information in the mean time, plus it helps to drag it all out a little bit longer.

[joski34]

Thansk Blueboy...I sent the CPR and the SAR to the Solicitor that rasied the summons..it says on the summons that all correspondence or payments should be directed via them...Il see what happens...In the meantime I will look for standard defence post on here and start there. POC are pretty standard you are right with no paperwork to back it up...I can post them up if you like??

 

is it 33 calender days to get the defence together?

[Guest]

yes, post up/type up the POC.

[joski34]

The claimants claim against the defendant is for the amount due and unpaid as at today's date under a regulated loan agreement.

 

And the claimant claims. 1. 1229.14. agreement number ***** 18.08.2000.

 

Thats the POC

[pt2537]

well, you discussed this with them in 2005 huh, well i never, and i thought that the High Court said the acknowledgement must be in writing to over turn limitation

 

 

well, all those years in law school must have been wasted

[joski34]

Ah right..so are you saying that their claim to a telephone conversation with them is not evidence it would need to have been in writing?? I know I never spoke to them, and the letter goes on to say..please call us if you need to discuss this further!!

[joski34]

so I should continue with a standard defence plus SB?

[Guest]

you've got some time to formulate a defence.

if, as you say, there has been no admissions/acknowledgements within the limitation period then yes the SB is relevant.

you may want to consider including other issues in your defence eg no cca, non compliant dn, if relevant, just in case.

and also a further cpr request in the meantime.

you've got a bit of time re defence, further input should be forthcoming.

Edited May 6, 2010 by Ford

[joski34]

Latest update:

 

Got a letter from DCL today the debt collector for this debt stating that they have received my CPR dated the 28th April advising that they are waiting for a copy of the original agreement and statement of account from their client and will forward these when they become available.

 

Does this all sound above board? Its funny that they could never supply this info when I sent them a CCA over 2 years ago they just ignored my letter and took the 1.00 off the debt!!

 

Should I do anything further?

[joski34]

so they have acnknowledged I sent them a letter do they still have to comply within 7 days? they have said they are waiting for the details to be sent to them, also the date on the summons is the 21st April so am I right in thinking that a defence has to be submitted no later than sunday 23rd May? (33 days) thanks

[joski34]

Any thoughts afternoon cagers?

[wycombe]

If DCL are the Claimant on the summons you received I would hold them to the seven days. They should not have issued the summons if they do not have the documentation to prove their case.

[joski34]

They are not the claimant, Hillesden Securities are..and Aplins are the solicitiors that are acting for Hillesdon...I sent the CPR and SAR to Aplins who have obviously passed it to DCL...why have they not passed it to Hillesden? I sent the lette and it was signed for on the 30th April. I am starting to get a bit worried now I have to get a defence in in 2 weeks, does anyone have any good links where i can find a standard defence and statute barred defence please...I have read so many..I have information overload I think!! Thanks guys

[wycombe]

The CPR requests should go to the solicitors acting on behalf of the Claimant. These have seven days to respond to a CPR 31.14 request.

 

Subject Access Requests go to the original creditor - they have up to 40 days to cough up what they have..

 

So if Aplin's have issued the summons on behalf of the Claimant they shoulf have the documents to hand which they say will prove their case - so seven days it is. They cannot procrastinate and prevaricate.

 

I would send another Subject Access request immediately to the original creditor - if you have not alreasy done so.

[joski34]

Will do thanks Wycombe, so they signed for them on the 30th its the 7th tomorrow...what if I dont get these stated documents by tomorrow what would be my next step? I am practiceing writing a defence in the meatime which includes a part of it being Statute Barred which I will post up soon.

[Guest]

joski, in your other related thread, you say that they used the 1£ cca fee against your alleged balance. just beware that they might try and use this as an acknowledgement! (but, as you knew, the £1 was for the cca request and not for any other purpose.)