HELP!!! - County Court Claim Received for Debt Sold 10 years after Default**CASE NOW STAYED **

[harrassed senior]

As suggested it is very important that you send off the CCA Request ASAP

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

 

You state that you have received a claims pack so you will have the relevant defence/counterclaim forms to complete as suggested above.

 

You could also send the following to whoever issued the Claim:

 

REQUEST FOR INFORMATION UNDER THE Civil Procedure RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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 by the **DATE**, which gives you ten days to provide what has been requested. 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. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. 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 **CREDITOR**.

d. 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.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

j. 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.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten 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.

 

I would appreciate your due diligence in this matter.

 

I await your response.

 

Others will be along to suggest alternative, or different approaches, so help will be on the way.

[harrassed senior]

Forgot to add, to not speak to any of the companies over the telephone now, insist that everything is in writing.

[harrassed senior]

Hi, thank you, have been in some awful situations myself so know what it is like to finally find this site, I think I can honestly say it was a lifesaver, and I like to give back with all the information I have learnt both in life and from my friends on this site.

 

I think you click on the scales on the left under my name and that will take you to where you can leave your comment:)

[harrassed senior]

Thanks Pumpytums

 

Im still a little confused about the SAR to Abbey. I have been advised in earlier post not to send this to Abbey as it increase the likelihood of Link getting it too.

 

If I dont get a response and file my defence, should I expect to go to court, or further action to take? I know this is a little premature, but I am concerned that I might end up in court anyway.

 

SF2010

 

The SAR definitely goes to Abbey.

 

The important part has been said already, and that is it is very important to get your defence in before time.

 

A lot can happen prior to it getting to an actual Court appearance being required.

 

If you DO have to apppear at Court, there is line by line, help that will be available on here, but the upshot is if they cannot produce all the required paperwork TO YOU then there is no case to answer although they will continue to robustly deny that to you!!

 

It could all come to nothing well before then, but as has been said, take this in tiny steps at a time and there will be someone her to help at each one of those steps.

[harrassed senior]

Have you had anything back from Link at all?

 

Two things 'could' happen now, Link will write and have all the documents you requested in which case we will inspect and advise.

 

Or; they will come back to you after they hear from the Court with your defence.

 

You may also hear a date for the actual Hearing, but don't worry about that yet.

[harrassed senior]

 

Right, the above letter is interesting in that they state their response to your cca request is satisfied. Which it may well, be but I am not an expert in these documents, but it still does not seem complete.

 

My opinion at the moment would be to certainly not return the signed admission that they want, and certainly not to withdraw your defence.

 

Hopefully a few more of the experts will be along to offer their opinions on what has been sent, it does not seem complete to me.